Click the case name for better results:

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

HF v Generalstaatsanwaltschaft Munchen: ECJ 28 Oct 2022

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of … Continue reading HF v Generalstaatsanwaltschaft Munchen: ECJ 28 Oct 2022

Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

ECJ 1. Competition – agreements, decisions and concerted practices -agreements between undertakings – automatic nullity – effects on those parts of the agreement which are not incompatible with article 85 (1) – matter for the national court to decide – application of national law (EEC treaty, art. 85 (1) and (2)) 2. Competition – agreements, … Continue reading Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law … Continue reading Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

El Corte Ingles v Blazquez Rivero: ECJ 7 Mar 1996

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

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Bundesverband Der Arzneimittel-Importeure v Bayer And Commission: ECJ 6 Jan 2004

EU (Competition) Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical product. Citations: C-3/01, [2004] EUECJ C-3/01P Links: Bailii Jurisdiction: European Cited by: See Also – Bundesverband der Arzneimittel-Importeure … Continue reading Bundesverband Der Arzneimittel-Importeure v Bayer And Commission: ECJ 6 Jan 2004

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Blue Circle Industries v Commission: ECFI 15 Mar 2000

ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation … Continue reading Blue Circle Industries v Commission: ECFI 15 Mar 2000

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined … Continue reading Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA: ECJ 7 Dec 2006

ECJ (Law Relating To Undertakings) Copyright and related rights in the nformation society – Directive 2001/29/EC – Article 3 – Concept of communication to the public – Works communicated by means of television sets installed in hotel rooms.The Court interpreted Article 3(1) of the Information Society Directive in accordance with Article 8 of the WIPO … Continue reading Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA: ECJ 7 Dec 2006

Van Hilten-Van Der Heijden v Inspecteur van de Belastingdienst/Particulieren/Ondernemingen buitenland te Heerlen: ECJ 23 Feb 2006

ECJ Capital movements – Article 73B(1) of the EC Treaty (now Article 56(1) EC) – Inheritance tax – Legal fiction that a national of a Member State who dies within ten years of ceasing to reside in that Member State is deemed to have been resident there at the time of his death – Non-member … Continue reading Van Hilten-Van Der Heijden v Inspecteur van de Belastingdienst/Particulieren/Ondernemingen buitenland te Heerlen: ECJ 23 Feb 2006

Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

A domiciled Scotsman died leaving a trust-disposition and settlement executed in Scottish form disposing of his personal property, which was of great amount, and was situated in Scotland, except about one-sixteenth which was in England. He appointed six trustees and executors, all Scotsmen, and four of whom were domiciled in Scotland and two in England. … Continue reading Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may make.’Lord Kingsdown said: ‘The transactions of independent states between each other are governed by other … Continue reading Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

Ministere Public v Tournier: ECJ 13 Jul 1989

1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility (EEC Treaty, Art 30) 2 … Continue reading Ministere Public v Tournier: ECJ 13 Jul 1989

Radio Telefis Eireann And Others v Commission Of The European Communities. (Application For Interim Measures): ECJ 11 May 1989

ECJ Competition – Abuse of a dominant position – Practices preventing the publishing and sale of comprehensive weekly television guides.Joined cases 76, 77 and 91/89 R.Application for interim measures – Suspension of operation – Conditions for grant – Serious and irreparable damage(EEC Treaty, Art. 185; Rules of Procedure, Art . 83(2)) Judges: T Koopmans, P … Continue reading Radio Telefis Eireann And Others v Commission Of The European Communities. (Application For Interim Measures): ECJ 11 May 1989

Deutsche Babcock Handel Gmbh v Hauptzollamt Luebeck-Ost: ECJ 15 Dec 1987

European Communities’ Own Resources – 1. Article 232(1) of the EEC Treaty must be interpreted as meaning that in so far as matters are not the subject of provisions in the ecsc treaty or rules adopted on the basis thereof, the eec treaty and the provisions adopted for its implementation can apply to products covered … Continue reading Deutsche Babcock Handel Gmbh v Hauptzollamt Luebeck-Ost: ECJ 15 Dec 1987

Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

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

Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986

The tribunal de police de Paris sought a preliminary ruling in criminal proceedings against the executives of airlines and travel agencies, who were charged with infringing the French Civil Aviation Code when selling air tickets by applying tariffs that were different from the approved tariffs. According to the French Code, all airlines had to submit … Continue reading Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986

State of The Netherlands v Reed: ECJ 17 Apr 1986

1. Article 10(1) of regulation no 1612/68 cannot be interpreted as meaning that the companion, in a stable relationship, of a worker who is a national of a member state and is employed in the territory of another member state must in certain circumstances be treated as his ‘spouse’ for the purposes of that provision. … Continue reading State of The Netherlands v Reed: ECJ 17 Apr 1986

Celestri and Co Spa v Ministry of Finance.: ECJ 21 Mar 1985

ECJ Although article 41 of the EEC Treaty, which is based on a clear separation of functions between the national courts and the Court of Justice, does not permit the court either to assess the facts of the case or to review the grounds on which the question submitted for a preliminary ruling is based, … Continue reading Celestri and Co Spa v Ministry of Finance.: ECJ 21 Mar 1985

Nv Iaz International Belgium And Others v Commission Of The European Communities.: ECJ 8 Nov 1983

ECJ 1. The purpose of the preliminary administrative procedure is to prepare the way for the commission’s decision concerning the infringement of the competition rules although that procedure also provides the undertakings concerned with an opportunity to bring the practices complained of into line with the rules of the treaty. 2. The fact that the … Continue reading Nv Iaz International Belgium And Others v Commission Of The European Communities.: ECJ 8 Nov 1983

Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

ECJ The protection of designs comes under the protection of industrial and commercial property within the meaning of article 36 inasmuch as its aim to define exclusive rights which are characteristic of that property. In the absence of community standardization or a harmonization of laws the determination of the conditions and procedures under which protection … Continue reading Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

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

Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980

ECJ 1. Within the framework of the task given it by article 177 of the EEC Treaty, the court of justice has no jurisdiction to decide the application of the treaty to a given case but the need to reach a useful interpretation of community law enables it to extract from the facts of the … Continue reading Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980

Sa Lancome And Cosparfrance Nederland Bv v Etos Bv And Albert Heyn Supermart Bv.: ECJ 10 Jul 1980

ECJ 1. An administrative letter despatched without publication as laid down in regulation no 17 informing the undertaking concerned of the commission’s opinion that there is no need for it to take action in respect of the agreements in question and that the file on the case may therefore be closed constitutes neither a decision … Continue reading Sa Lancome And Cosparfrance Nederland Bv v Etos Bv And Albert Heyn Supermart Bv.: ECJ 10 Jul 1980

Gefluegelschlachterei Freystadt Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas: ECJ 27 Sep 1979

ECJ 1. Paragraph I of the protocol on German internal trade and connected problems, annexed to the EEC Treaty, is intended to relieve the federal republic of Germany of the obligation to apply the rules of community law to german internal trade. It accords a special status to the german democratic republic as territory which … Continue reading Gefluegelschlachterei Freystadt Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas: ECJ 27 Sep 1979

EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

ECJ 1. Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right … Continue reading EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974

1. All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions. 2. In the absence of a community system guaranteeing for consumers the authenticity of a product’s designation or origin, member states … Continue reading Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974

Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

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

Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971

ECJ Under article 177 of the court, when giving a preliminary ruling, is entitled only to pronounce on the interpretation of the treaty and of acts of the institutions of the community or on their validity but may not, on the basis of that article, give judgment on the interpretation of a provision of national … Continue reading Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971

Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request (EEC Treaty, article 177) 2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national court – form not laid down in the treaty (EEC treaty, article 177) 3. Procedure – … Continue reading Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

ECJ 1. The court has jurisdiction over the legality of decisions taken by the high authority, but it is not the function of the court to ensure respect for national law in force in a member state, and this is true even of constitutional laws. Therefore the court may neither interpret nor apply national law. … Continue reading Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957

1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course … Continue reading Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

British Sugar v Commission: ECJ 29 Apr 2004

Europa For an agreement between undertakings or a concerted practice to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability and on the basis of objective factors of law or fact that it may have an influence, direct or indirect, actual or potential, on … Continue reading British Sugar v Commission: ECJ 29 Apr 2004

Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004

The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating. Held: The outbuilding to which alterations were made must have been a ‘protected building’. Note (1) defines a protected building as both ‘a building which is … Continue reading Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004

Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Europa Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical products. Citations: C-2/01, [2004] EUECJ C-2/01P Links: Bailii Jurisdiction: European Citing: Appeal from – Bayer AG v Commission (Rec … Continue reading Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

ECJ (Judgment) 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) – State regulation on maritime transport and the practice of State authorities – Applicability of Article … Continue reading Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive … Continue reading Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

Ventouris Enterprises v Commission: ECFI 20 Jul 1999

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

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

Antillean Rice Mills v Council: ECFI 21 Mar 1997

ECJ Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Limited duration of the contested measure (EC Treaty, Art. 185; Rules of Procedure of the Court of First Instance, Art. 104(2))In the context of the examination of the urgency of … Continue reading Antillean Rice Mills v Council: ECFI 21 Mar 1997

AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

ECJ Competition – Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty – Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment – Article 176 of the Treaty – Request for … Continue reading AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

IECC v Commission T-133/95: ECFI 16 Sep 1998

ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-133/95: ECFI 16 Sep 1998

IECC v Commission T-110/95: ECFI 16 Sep 1998

ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-110/95: ECFI 16 Sep 1998

Corman v Commission: ECFI 30 Jan 1997

ECFI 1 Agriculture – Common organization of the markets – Milk and milk products – Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs – Conditions for granting aid – Intermediate products – Definition – Obligation to add tracers(Commission Regulation No 570/88, Art. 9a)2 Agriculture … Continue reading Corman v Commission: ECFI 30 Jan 1997

Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Competition – Payment of a fine – Bank guarantee – Procedure for interim relief – Suspension of operation.It is only in exceptional circumstances that the judge hearing an application for interim measures should order the suspension of the applicant undertaking’ s obligation to provide a bank guarantee securing payment of a fine imposed on it.The … Continue reading Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

SNCF and British Railways v Commission: ECFI 12 May 1995

ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain and speculative risk – Exclusion – Balance of convenience – (EC Treaty, Art. 185; Rules of Procedure of the Court of First … Continue reading SNCF and British Railways v Commission: ECFI 12 May 1995

Schulte v Council and Commission: ECFI 7 Feb 2002

1. The Community’s liability for losses resulting from the application of Regulation No 857/84, which fixes the reference quantity to be allocated under the scheme for additional levies on milk to each producer on the basis of production delivered during a reference year, cannot be incurred with respect to losses sustained after the date of … Continue reading Schulte v Council and Commission: ECFI 7 Feb 2002

Cascades v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC Treaty – Liability for the infringement- Fine – Statement of reasons – Mitigating circumstances. Citations: T-308/94, [1998] EUECJ T-308/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172923

Sarrio v Commission: ECFI 14 May 1998

Competition – Article 85(1) of the EC-Treaty – Concept of single infringement – Information exchange – Order to desist – Fine – Determination of the amount – Method of calculation – Statement of reasons – Mitigating circumstances. Citations: T-334/94, [1998] EUECJ T-334/94 Links: Bailii European, Commercial Updated: 06 June 2022; Ref: scu.172938

Buchmann v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons. Citations: T-295/94, [1998] EUECJ T-295/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172915

Gruber + Weber v Commission: ECFI 14 May 1998

Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons – Products to which the infringement relates. Citations: T-310/94, [1998] EUECJ T-310/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172927

Europa Carton v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC Treaty – Proof of participation in collusion – Fine – Turnover – Determination of the amount – Mitigating circumstances. Citations: T-304/94, [1998] EUECJ T-304/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172921

Greenpeace and others v Commission: ECFI 9 Aug 1995

ECJ 1. Persons other than the addressees may claim that a decision is of individual concern to them only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of factual circumstances which differentiate them from all other persons and thereby distinguish them individually in the same … Continue reading Greenpeace and others v Commission: ECFI 9 Aug 1995

Hartmann v Council and Commission: ECFI 16 Apr 1997

1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Allocation of reference quantities exempt from levy – Producers who suspended deliveries pursuant to the non-marketing or conversion premium schemes and were therefore refused a reference quantity – Offer of flat-rate compensation under Regulation No 2187/93 … Continue reading Hartmann v Council and Commission: ECFI 16 Apr 1997

Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

ECJ 1. The Commission is under an obligation, by virtue of Article 34 of the ECSC Treaty, when a judgment is delivered annulling a decision whose effect was limited to a clearly defined period of time, first, to take the measures required to comply with that judgment, not only as regards the annulled measure but … Continue reading Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002

The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Citations: C-298/99, [2002] EUECJ C-298/99 Links: Bailii Statutes: Directive 85/384/EEC Jurisdiction: England and Wales … Continue reading Commission v Italy – C-298/99: ECJ 21 Mar 2002

J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC Treaty (now Article 81 EC) – Association of undertakings – Restriction of competition – Justification – Article 86 of the … Continue reading J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. Neste acquired the supplier and after the 10-year period had expired the operator stopped … Continue reading Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.‘Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning … Continue reading Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Cabour and Nord Distribution Automobile v Arnor ‘SOCO’: ECJ 30 Apr 1998

ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905

United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

Commission and France v Ladbroke Racing: ECJ 11 Nov 1997

ECJ (Judgment) Competition – Articles 85, 86 and 90 of the EC Treaty – Rejection of a complaint concerning both State measures and private conduct – Applicability of Articles 85 and 86 to undertakings complying with national legislation) Citations: C-359/95, [1997] EUECJ C-359/95P Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161724

Pastoors and Trans-Cap v Belgische Staat: ECJ 23 Jan 1997

ECJ Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Road transport – Punishment of infringements of social provisions – National implementing legislation giving the offender the option between allowing criminal proceedings to take their course or paying a sum of money immediately – Obligation imposed only on non-residents to … Continue reading Pastoors and Trans-Cap v Belgische Staat: ECJ 23 Jan 1997

Grand garage albigeois and others: ECJ 15 Feb 1996

ECJ (Judgment) Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements merely provides economic agents in the motor vehicle industry with certain possibilities enabling them to remove their distribution and servicing agreements from the scope of the prohibition contained in Article 85(1) … Continue reading Grand garage albigeois and others: ECJ 15 Feb 1996

Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

ECJ 1. Article 85(1) of the Treaty must be interpreted as meaning that it prohibits an obligation imposed by the leading manufacturer of motor vehicles in a Member State on all its dealers established in that State to develop activities as agents for leasing transactions exclusively for the account of its own leasing company. By … Continue reading Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

Bayerische Motorenwerke v ALD: ECJ 24 Oct 1995

ECJ (Judgment) 1. Article 85(1) of the Treaty must be interpreted as meaning that it precludes a motor vehicle manufacturer which sells its vehicles through a selective distribution system from agreeing with its authorized dealers that they are not to deliver vehicles to independent leasing companies where, without granting an option to purchase, those companies … Continue reading Bayerische Motorenwerke v ALD: ECJ 24 Oct 1995

BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 1995

Europa Under the procedure for a preliminary ruling provided for in Article 177 of the Treaty it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for … Continue reading BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 1995

Franz Eppe v Commission of the European Communities: ECJ 22 Dec 1993

ECJ 1. It follows from Article 112(1)(c) of the Rules of Procedure of the Court that an appeal which merely reiterates the pleas in law and arguments put forward at first instance in fact constitutes a request for re-examination of the application bought before the Court of First Instance, a matter which falls outside the … Continue reading Franz Eppe v Commission of the European Communities: ECJ 22 Dec 1993

Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993

ECJ The suspension of customs duties pursuant to Regulation No 3563/84 applying generalized tariff preferences for 1985 to textile products originating in developing countries is dependent upon the Nimexe code corresponding to the imported product being referred to in one of the two annexes to the regulation. Men’ s linen windcheaters imported from China and … Continue reading Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993

H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised … Continue reading H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

(Rec 1993,p I-2239) (SV93-181) (Judgment) 1. Freedom to provide services – Provisions of the Treaty – Field of application – Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States – Inclusion (EEC Treaty, Art. 59 et seq.) 2. Freedom to provide services – Restrictions – … Continue reading Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993