ECJ Dumping – Imports of solutions of urea and ammonium nitrate originating in Russia – Request for an expiry review – Request for an interim review – Admissibility – Normal value – Export price – Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(1) to (3) … Continue reading Eurochem Mineral v Council Of The European Union, v European Commission: ECFI 7 Feb 2013

ECJ (Opinion) Appeal – Common foreign and security policy (CFSP) – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban – Regulation (EC) No 881/2002 – Removal of the interested party from the list of persons, groups and entities covered by the freezing of funds … Continue reading Abdulbasit Abdulrahim v Council Of The European Union And European Commission: ECJ 22 Jan 2013

ECJ Opinion – Appeal – Regulation (EC) No 1007/2009 – Trade in seal products – Ban on placing on the market in the European Union – Exceptions for Inuit communities – Standing of natural and legal persons to institute proceedings under the fourth paragraph of Article 263 TFEU – Notion of ‘regulatory act’ and distinction … Continue reading Inuit Tapiriit Kanatami And Others v European Parliament and Council of The European Union: ECJ 17 Jan 2013

ECJ Opinion – State aid – Competence of the Council – Third subparagraph of Article 108(2) TFEU – Existing aid schemes – Proposal for appropriate measures – Effects – Regulation No 659/1999 – Aid for investment in the purchase of agricultural land in Hungary Judges: Mengozzi AG Citations: C-121/10, [2013] EUECJ C-121/10 Links: Bailii Statutes: … Continue reading European Commission v Council Of The European Union: ECJ 17 Jan 2013

ECFI Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Obligation to state the reasons on which the decision is based Judges: I Pelikanova, P Citations: T-63/12, [2012] EUECJ T-63/12 Links: Bailii European Updated: 06 November 2022; Ref: … Continue reading Oil Turbo Compressor Co. (Private Joint Stock) v Council Of The European Union: ECFI 26 Oct 2012

ECFI Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Actions for annulment – Obligation to state the reasons on which the decision is based Citations: T-53/12, [2012] EUECJ T-53/12 Links: Bailii European Updated: 06 November 2022; Ref: scu.465392

Citations: C-376/10, [2012] EUECJ C-376/10, [2011] EUECJ C-376/10 – P – O Links: Bailii, Bailii European Updated: 05 October 2022; Ref: scu.452126

ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Legitimate expectations – Review of the restrictive measures adopted – Error of assessment – Equal treatment … Continue reading Bank Melli Iran v Council Of The European Union, United Kingdom Of Great Britain And Northern Ireland: ECFI 6 Sep 2013

ECJ Appeal – Common commercial policy – Dumping – Articles 2(7), 3(7), 5(4), 9(5) and (6), and 17(3) of Regulation (EC) No 384/96 – Imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam – Market economy treatment – Individual treatment – Sampling method – Cooperation on the … Continue reading Brosmann Footwear (HK) And Others v Council of The European Union: ECJ 6 Sep 2011

ECFI Access to documents – Regulation (EC) No 1049/2001 – Document concerning an ongoing legislative procedure – Partial refusal of access – Action for annulment – Period allowed for bringing proceedings – Admissibility – Disclosure by a third party – Interest in bringing proceedings not lost – Identification of the Member State delegations which made … Continue reading Access Info Europe v Council: ECFI 22 Mar 2011

ECJ Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Restrictions on entry into, or transit through, the territory of the European Union – Rights of defence – Obligation to state reasons – Manifest error of assessment – Fundamental rights Judges: H. Kanninen, P Citations: T-383/11, … Continue reading Eyad Makhlouf v Council Of The European Union: ECJ 13 Sep 2013

ECJ Action for annulment – Definitive adoption of the European Union’s general budget for the financial year 2011 – Act of the President of the Parliament declaring that the budget has been definitively adopted – Article 314(9) TFEU – Establishment by the Parliament and the Council of the European Union’s annual budget- Article 314, introductory … Continue reading Council of The European Union v Kingdom of Spain: ECJ 17 Sep 2013

Citations: T-89/00, [2002] EUECJ T-89/00 Links: Bailii Jurisdiction: European European Updated: 28 July 2022; Ref: scu.177170

ECJ Appeals Access to documents of the institutions Regulation (EC) No 1049/2001 Legal opinion. Citations: Times 04-Jul-2008, [2008] EUECJ C-52/05, C-52/05P, C-39/05P Links: Bailii Citing: See Also – Sweden and Turco v Council and Others (Law Governing The Institutions) ECJ 29-Nov-2007 Where a member state submitted documents to a Community institution requesting that such docments … Continue reading Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom): ECJ 1 Jul 2008

Europa 1. It follows from the very wording of Article 235 of the Treaty that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question. 2. Article 128 of the Treaty must be … Continue reading United Kingdom of Great Britain and Northern Ireland, French Republic and the Federal Republic of Germany v Council of the European Communities (Judgment): ECJ 11 Jun 1991

Citations: [2012] EUECJ C-539/10 Links: Bailii Jurisdiction: European European Updated: 28 May 2022; Ref: scu.465980

Citations: C-208/17, [2018] EUECJ C-208/17P – CO Links: Bailii Jurisdiction: European European Updated: 26 May 2022; Ref: scu.622578

Citations: C-110/12, [2012] EUECJ C-110/12 Links: Bailii Jurisdiction: European European Updated: 26 May 2022; Ref: scu.463843

Citations: C-160/88, [1988] EUECJ C-160/88R, [1988] EUECJ C-160/88 Links: Bailii, Bailii European Updated: 23 May 2022; Ref: scu.134891

Europa 1. Officials – administrative measure adopted at the request of an official – illegality of the measure – remedy of the person concerned – admissibility 2. Officials – rationalization of departments following the merger treaty – scheme for removal of officials – such scheme cannot be equated with the other methods of termination of … Continue reading Giulio Pasetti-Bombardella v Commission of the European Communities supported by the Council of the European Communitiesl (Judgment): ECJ 2 Jul 1969

Europa Measures adopted by an institution – proceedings instituted by individuals – regulation – possibility of measures of individual concern contained in a regulation (EEC treaty, article 173, second paragraph, article 189, second paragraph) 2. Measures adopted by an institution – proceedings instituted by individuals – provisions of regional significance, not of individual concern to … Continue reading Industria Molitoria Imolese and others v Council of the European Communities (Judgment): ECJ 13 Mar 1968

Europa 1. Officials – recruitment – vacancy notices and notices of competition – specific requirements – definition of duties – special details – powers of the appointing authority (staff regulations of officials of the communities, articles 2, 4, 5 and 29 and annex iii, article 1) 2. Officials – recruitment – vacancy notices and notices … Continue reading Dietrich Kurrer v Council of the European Communities (Judgment): ECJ 28 Mar 1968

Europa Official – principle of the continuity of the career of a community official – transfer from one set of community staff regulations to another – no termination of service (staff regulations of officials of the ECSC, annex viii, article 12(a) and (b); general staff regulations of the ECSC, article 62(a) and (b)) – the … Continue reading Fernand De Schacht v Council of the European Communities (Judgment): ECJ 11 Jul 1968

ECFI Dumping – Subsidies – Imports of biodiesel originating in the United States – Circumvention – Article 13 of Regulation (EC) No 1225/2009 – Article 23 of Regulation (EC) No 597/2009 – Slightly modified like product – Legal certainty – Misuse of powers – Manifest errors of assessment – Obligation to state reasons – Equal … Continue reading BP Products North America Inc v Council of The European Union: ECFI 16 Jan 2014

Citations: C-160/88 European Updated: 11 April 2022; Ref: scu.134892

ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon … Continue reading Nippon Seiko KK v Council of The European Communities: ECJ 17 Dec 1984

Citations: C-103/78 European Updated: 10 April 2022; Ref: scu.132695

Europa 1. Policy of the EEC – rules on competition applicable to undertakings – regulations to be adopted by the council – discretionary powers of the latter – scope (EEC treaty, article 87) 2. Policy of the EEC – rules on competition applicable to undertakings – agreements – prohibition – exemption for categories of agreements … Continue reading Italian Republic v Council of the European Economic Community and Commission of the European Economic Community (Judgment): ECJ 13 Jul 1966

ECJ Judgment – Foreign Policy and Security – Restrictive measures against Syria – Freezing of funds – Manifest error of assessment – Non-contractual liability’ M. van der Woude, P T-652/11, [2015] EUECJ T-652/11 Bailii European Updated: 28 December 2021; Ref: scu.543506

ECFI Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict – Possibility for an authority of a third State to be classified as a competent authority within the meaning … Continue reading Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union: ECFI 16 Oct 2014

ECFI Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Period allowed for commencing proceedings – Admissibility – Obligation to state reasons – Error of assessment M. van der Woude (Rapporteur), P T-181/13, [2014] EUECJ T-181/13, ECLI:EU:T:2014:607 … Continue reading Sharif University of Technology v Council of The European Union: ECFI 3 Jul 2014

T – 528/09, [2014] EUECJ T – 528/09 Bailii European Updated: 29 November 2021; Ref: scu.521180

ECJ Annual adjustment of the remuneration and pensions of officials and other servants of the European Union – Staff Regulations – Action for annulment – Communication COM(2011) 829 final – Proposal COM(2011) 820 final – Action for failure to act – Submission of proposals on the basis of Article 10 of Annex XI to the … Continue reading Council of The European Union v European Commission: ECJ 19 Nov 2013

ECJ Appeal – Access to the documents of the institutions – Regulation (EC) No 1049/2001- Exceptions to the right of access – Article 4(1)(a), first and third indents – Public security – International relations C-576/12, [2013] EUECJ C-576/12 Bailii Regulation (EC) No 1049/2001 European Updated: 26 November 2021; Ref: scu.518757

ECJ Appeal – Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to substantiate the measure C-280/12, [2013] EUECJ C-280/12 Bailii European Updated: 26 November 2021; Ref: scu.518753

ECJ Appeals – Dumping – Regulation (EC) No 826/2009 – Imports of certain magnesia bricks originating in the People’s Republic of China – Regulation (EC) No 384/96 – Article 2(10)(b) – Fair comparison – Article 11(9) – Interim partial review – Obligation to apply the same methodology as in the investigation leading to the imposition … Continue reading Dashiqiao Sanqiang Refractory Materials Co. Ltd v Council Of The European Union: ECJ 19 Sep 2013

ECJ Opninion – Action for annulment – Council Decision 2011/853/EU – European Convention on the legal protection of services based on, or consisting of, conditional access – Choice of correct legal basis – Common commercial policy (Article 207(4) TFEU) – Internal market (Article 114 TFEU) – Exclusive external competence of the Union (Articles 2(1) TFEU … Continue reading European Commission v Council Of The European Union: ECJ 27 Jun 2013

Action for annulment – EU-Turkey statement of 18 March 2016 – Press release – Concept of ‘international agreement’ – Identification of the author of the act – Scope of the act – Meeting of the European Council – Meeting of the Heads of State or Government of the Member States of the European Union held … Continue reading NM v European Council (EU-Turkey Joint Action Plan – Syria – Application for Annulment – Order): ECFI 28 Feb 2017

ECFI Dumping – Imports of zeolite A powder originating in Bosnia and Herzegovina – Normal value – Representativeness of domestic sales – Profit margin – Ordinary course of trade . .

ECJ Opinion – Appeal – Dumping – Imports of cotton-type bed linen originating in Pakistan – Causal link between dumping and injury – Known factors causing injury, other than dumped imports – Attribution or . .

Action for annulment – EU-Turkey statement of 18 March 2016 – Press release – Concept of ‘international agreement’ – Identification of the author of the act – Scope of the act – Meeting of the European Council – Meeting of the Heads of State or . .

ECJ Action for annulment – Decision 2011/866/EU – Annual adjustment of the remuneration and pensions of officials and other servants of the European Union – Staff Regulations – Article 65 of the Staff Regulations . .