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

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

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

An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses. Held: The court did not hold that since the fundamental right of assembly was in issue it followed … Continue reading Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003

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

ECJ (Order) 1. Neither the declaration of the European Council on the entry into force of the Treaty on European Union nor the Treaty on European Union is an act whose legality is subject to review under Article 173 of the Treaty. 2. Where all the other pleas in law relied upon in an appeal … Continue reading Roujansky v Council: ECJ 13 Jan 1995

ECJ 1. In order for an action to be admissible under the first paragraph of Article 173 of the Treaty, the contested act must be an act of an institution which produces legal effects. Since it is apparent from the actual wording of an agreement concluded by the Commission with a non-member country that that … Continue reading France v Commission: ECJ 9 Aug 1994

Europa 1. There is an inseparable link between the obligation to establish the Community’s own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest . The interest is payable regardless of the reason for the delay in making the entry in the Commission’ … Continue reading Commission v Greece: ECJ 21 Sep 1989

1. Having regard to the rules laid down in Article 195 of the Treaty concerning the composition of the Economic and Social Committee, a trade union which, at national level, represents merely one of the constituent elements of one of the categories of economic and social activity referred to in Article 193 and not the … Continue reading Cida v Council: ECJ 30 Jun 1988

Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 1974

Europa 1. The expression ‘subject to limitations justified on grounds of public policy’ in article 48 concerns not only the legislative provisions adopted by each member state to limit within its territory freedom of movement and residence for nationals of other member states but concerns also individual decisions taken in application of such legislative provisions. … Continue reading Rutili v Ministre De L’Interieur: ECJ 28 Oct 1975