ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State. However, … Continue reading Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

ECJ Appeal – Agriculture – Common organization of markets – Transitional measures adopted in view of the accession of new Member States – Regulation (EC) No 1972/2003 – Action for annulment – Time – Getting Started – Lateness – Right of appeal the new Member States in respect of acts adopted between the signing date … Continue reading Poland v Commission: ECJ 1 Mar 2012

1. The ability to rely on directives against State entities is based on the binding nature of directives – which applies only with regard to the Member States to which they are addressed – and seeks to prevent a State from taking advantage of its failure to comply with Community law. The effect of extending … Continue reading El Corte Ingles v Blazquez Rivero: ECJ 7 Mar 1996

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission Citations: T-98/03, [2007] EUECJ T-98/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261349

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-80/03, [2007] EUECJ T-80/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261347

ECJ Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-97/03, [2007] EUECJ T-97/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261348

ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

ECFI Action for annulment – State aid – ECSC Treaty – Fifth Aid Code steel – Status of regular production within the meaning of Article 4, paragraph 2, of the Code fifth Steel Aid Citations: T-166/96, [1999] EUECJ T-166/96 Links: Bailii European Updated: 21 June 2022; Ref: scu.215839

A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled only to equal treatment in regard to access to employment in accordance with … Continue reading Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

ECJ 1 The applications in cases 60/81R and 190/81R have the same subject-matter; it is therefore appropriate to join them and to give the decision regarding them in a single order.2 according to article 185 of the treaty, actions brought before the court of justice do not have suspensory effect. The court may, however, if … Continue reading International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

ECJ 1. The regulations on social security for migrant workers did not set up a common scheme of social security, but allowed different schemes to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by community … Continue reading Caisse De Compensation Des Allocations Familiales Des Regions De Charleroi Et De Namur v Cosimo Laterza: ECJ 12 Jun 1980

ECJ 1. Article 177 is based on a distinct separation of functions between national courts and tribunals on the one hand and the court of justice on the other, and it does not give the court jurisdiction to take cognizance of the facts of the case, or to criticize the reasons for the reference. Therefore, … Continue reading Tedeschi v Denkavit Commerciale SRL: ECJ 5 Oct 1977

ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, especially articles 48, 52 and 59 or where appropriate, by the provisions adopted.For its implementation, independently of … Continue reading Royer v Belgium: ECJ 8 Apr 1976

ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally applicable. This interpretation is confirmed by the third subparagraph of article 19(2) of the EEC Treaty which, while … Continue reading Commission EEC v Italy: ECJ 27 Feb 1962