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

ECJ 1. Articles 48 to 66 of the treaty and the measures adopted by the community in application thereof implement a fundamental principle of the treaty, confer on persons whom they concern individual rights which the national courts must protect and take precedence over any national rule which might conflict with them. 2. National regulations … Continue reading Watson v Belmann: ECJ 7 Jul 1976

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 1. National rules or practices which result in imports being channelled in such a way that only certain traders can effect these imports, whereas others are prevented from doing so, constitute a measure having an effect equivalent to a quantitative re- striction within the meaning of article 30 of the treaty. 2. National rules … Continue reading Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976

Although the Member States are not required to have the same systems of penalties for offences relating to value added tax payable on importation and for offences relating to the same tax in connection with transactions within the country, since the two categories of offence cannot be equally easily detected, the degree of difficulty in … Continue reading Commission v France (Rec 1993,p I-4413) (Judgment): ECJ 2 Aug 1993

ECJ Competition – Regulation (EEC)No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1)of the EC Treaty (now Article 81(1)EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances. … Continue reading Ventouris Enterprises v Commission: ECFI 20 Jul 1999

ECJ Measures whose legal effects are binding and are capable of affecting the applicants’ interests by clearly altering their legal position constitute acts which may be the subject of an action for annulment under Article 173 of the Treaty. In the case of acts adopted by a procedure involving several stages, in principle only measures … Continue reading Broome and Wellington v Commission: ECFI 25 May 1998

ECJ 1 The period which an undertaking has in which to bring an annulment action against Commission decisions reducing amounts of financial assistance initially granted to it by the European Social Fund does not start to run until the date on which that undertaking acquired precise knowledge of the author, the content and the grounds … Continue reading Proderec v Commission: ECFI 16 Jul 1998

1 Procedure – Originating application – Procedural requirements – Summary of the pleas in law relied on – Pleas in law not set out in the application – Catch-all reference to the annexes – Inadmissible (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) 2 Acts of the institutions – Statement of reasons … Continue reading Cipeke v Commission: ECFI 7 Nov 1997

ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by it, a Member State imposes a condition which is likely to be more easily fulfilled by the children of its own nationals than … Continue reading Commission v Belgium: ECJ 12 Sep 1996

ECJ Article 85 and seq. of EC Treaty – Concept of an ‘undertaking’ – Organization managing an optional supplementary social security scheme. Citations: C-244/94, [1995] EUECJ C-244/94 Links: Bailii European Updated: 03 June 2022; Ref: scu.161424

‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

EAT Judgment – Procedure – proceedings in which the court has unlimited jurisdiction – irregular conclusions – judgment of its own motion against defendant Officials – on contract – period prior to promulgation of staff regulations – conditions applicable – disputes – jurisdiction of the court (EEC treaty, articles 173, 179) Officials – on contract … Continue reading Fiddelaar v Commission EEC: ECJ 16 Dec 1960

Citations: (1988) ECR 3205, C-197/86 Cited by: Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001 ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC … Continue reading Brown v Secretary Of State For Scotland (Rec 1988,P 3205) (Sv88-489 Fi88-489) (Judgment): ECJ 21 Jun 1988

‘ . . . [A] provision produces direct effect in relations between the Member States and their subjects only if it is clear and unconditional and not contingent on any discretionary implementing measure.’ and ‘According to a consistent line of decisions of the court, a provision produces direct effect in relations between member states and … Continue reading Hurd v Jones (Judgment): ECJ 15 Jan 1986

ECJ For the purposes of the prohibition of measures having an effect equivalent to a quantitative restriction it is sufficient that such measures are likely to hinder, directly or indirectly, actually or potentially, imports between member states. A fixed minimum price which, although applicable without distinction to domestic products and imported products, is capable of … Continue reading Ministere public du Kingdom of the Netherlands v Jacobus Philippus van Tiggele: ECJ 24 Jan 1978

Europa The lawful requirement whereby, in the various member states, admission to certain occupations is subjected to the possession of diplomas constitutes a restriction on the effective exercise of the freedom of establishment guaranteed by the treaty the abolition of which is to be made easier by directives for the mutual recognition of diplomas, certificates … Continue reading Union Nationale Des Entraineurs Et Cadres Techniques Professionnels Du Football (UNECTEF) v Heylens And Others: ECJ 15 Oct 1987