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Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal Article 6 of Council Regulation No 1009/86 establishing … Continue reading Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Bown v Secretary of State for Transport: CA 31 Jul 2003

The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

Lefebvre and others v Commission: ECFI 14 Sep 1995

ECFI 1. The Community does not incur non-contractual liability on account of damage caused by legislative measures adopted by its institutions unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred. In a legislative field which is characterized by the exercise of a wide discretion, such … Continue reading Lefebvre and others v Commission: ECFI 14 Sep 1995

Commission v Germany: ECJ 12 Dec 1996

ECJ (Judgment) 1 Approximation of laws – Quality of fresh waters needing protection or improvement in order to support fish life and quality required of shellfish waters – Directives 78/659 and 79/923 – Need for exact transposition by the Member States (Council Directives 78/659 and 79/923) 2 Member States – Obligations – Implementation of directives … Continue reading Commission v Germany: ECJ 12 Dec 1996

Commission v Italy: ECJ 20 Jun 1996

ECJ (Judgment) 1. Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested 2. Procedure – Costs – Withdrawal justified by the conduct of the other party (Rules of Procedure of the Court of Justice, Art. 69(5)) Citations: C-237/95, [1996] EUECJ C-237/95 Links: Bailii Statutes: EC Treaty 169 European Updated: … Continue reading Commission v Italy: ECJ 20 Jun 1996

An Taisce and WWF UK v Commission of the European Communities.: ECJ 11 Jul 1996

ECJ (Order) 1. The purpose of the procedure in respect of failure to fulfil obligations provided for by Article 169 of the Treaty is to have the Court declare a Member State to be in breach of Community law and require its conduct to be brought to an end, whereas the procedure provided for by … Continue reading An Taisce and WWF UK v Commission of the European Communities.: ECJ 11 Jul 1996

Commission v Greece: ECJ 11 Aug 1995

Member States – Obligations – Implementation of directives – Undisputed failure to fulfil obligations – (EC Treaty, Art. 169) Citations: C-260/94, [1995] EUECJ C-260/94 Links: Bailii Statutes: EC Treaty Art 169 European Updated: 03 June 2022; Ref: scu.161433

Dubois and Cargo v Garonor: ECJ 11 Aug 1995

ECJ Articles 9 and 12 of the Treaty, which prohibit the levying of customs duties and charges having equivalent effect in intra-Community trade, must be interpreted as applying to a ‘transit charge’ designed to compensate a private undertaking for bearing costs arising from the performance by the customs and veterinary services of their tasks as … Continue reading Dubois and Cargo v Garonor: ECJ 11 Aug 1995

Commission v Belgium: ECJ 23 Feb 1994

ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-336/93, [1994] EUECJ C-336/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161165

Commission v Italy: ECJ 23 Feb 1994

ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-289/93, [1994] EUECJ C-289/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161133

Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994

ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action. That being so, the fact that no action was taken … Continue reading Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994

Commission of the European Communities v Hellenic Republic v Greece: ECJ 16 Dec 1992

ECJ 1. An application brought under Article 169 of the Treaty can be based only on the arguments and pleas in law already set out in the reasoned opinion. 2. In the absence of harmonization of Community legislation in the field of offences committed in the context of the Community temporary importation arrangements for travellers’ … Continue reading Commission of the European Communities v Hellenic Republic v Greece: ECJ 16 Dec 1992

Council of the City of Stoke-on-Trent and Norwich City Council v B and Q Plc (Rec 1992,p I-6635) (Judgment): ECJ 16 Dec 1992

ECJ Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays. Such legislation, which is not intended to regulate the flow of goods and affects the sale of both domestic and imported products, … Continue reading Council of the City of Stoke-on-Trent and Norwich City Council v B and Q Plc (Rec 1992,p I-6635) (Judgment): ECJ 16 Dec 1992

Commission v Netherlands C-198/90: ECJ 28 Nov 1991

(Judgment) (Rec 1991,p I-5799) 1. Article 13(2)(a) of Regulation No 1408/71, which is designed to resolve conflicts of legislation which may arise where, over the same period, the place of residence and the place of employment are not situated in the same Member State, does not apply in the case of an employed person who, … Continue reading Commission v Netherlands C-198/90: ECJ 28 Nov 1991

Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991

ECJ 1. The first subparagraph of Article 5(2) of Council Regulation No 1697/79 provides that the competent authorities may refrain from taking action for the post-clearance recovery of import or export duties which have not been collected as a result of an error made by the competent authorities themselves which could not reasonably have been … Continue reading Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991

Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990

Europa Member States – Obligations – Implementation of directives – Failure – Justification – Not acceptable (EEC Treaty, Art. 169) A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives. Citations: … Continue reading Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Judgment): ECJ 9 Jul 1991

Europa 1. Regulation No 170/83 represents a carefully achieved balance between the system of exclusive access to coastal waters for national fishermen, a system which, in derogation from the principle of equal access, is allowed by the regulation both to continue and to be extended to the zones situated within the 12-mile limit, and the … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Judgment): ECJ 9 Jul 1991

Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990

Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990

Commission v Greece: ECJ 30 Jun 1988

1. Although the powers conferred on the Commission by Article 90(3) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that does not prevent the ‘directives’ and ‘decisions’ referred to in that provision from falling within the general category of directives … Continue reading Commission v Greece: ECJ 30 Jun 1988

Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

Europa An interpretation given by the court of justice under article 177 of the EEC treaty binds the national court hearing the case concerned. It is for the national court, however, to decide whether it is sufficiently enlightened by the preliminary ruling given or whether it is necessary to make a further reference to the … Continue reading Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

Italian Republic v Commission of the European Communities (Judgment): ECJ 9 Jul 1969

Europa 1. Transport – rates and conditions involving an element of support – examination – authorization – powers and duties of the commission (EEC treaty, article 80) 2. Measures adopted by an institution – statement of reasons (EEC treaty, article 190). 1. By empowering the commission to act on its own initiative or on application … Continue reading Italian Republic v Commission of the European Communities (Judgment): ECJ 9 Jul 1969

Commission of the European Communities v Italian Republic: ECJ 10 Dec 1968

ECJ 1. Obligations of member states – failure to fulfil – action by the commission before the court of justice – bringing the action – timing – discretion of the commission (EEC treaty, article 169) 2. Free movement of goods – goods – concept – article possessing artistic or historic value (EEC treaty, article 9) … Continue reading Commission of the European Communities v Italian Republic: ECJ 10 Dec 1968

Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966

Europa Member states of the EEC – failure to fulfil an obligation arising under the treaty – application to the commission to initiate the procedure provided for in article 169 of the EEC treaty – refusal of the commission – application for annulment – inadmissibility. An application for the annulment of a measure by which … Continue reading Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966

Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998

(Judgment) It was open to member states to refuse to allow claim VAT input reclaims on articles purchased for transport which constituted the very tool of the trade of a taxpayer. Driving instructors may not reclaim VAT on their transport. Citations: Times 02-Jul-1998, C-43/96, [1998] EUECJ C-43/96 Links: Bailii Statutes: Council Directive 77/388/EEC, EC Treaty … Continue reading Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998

Commission of the European Community v United Kingdom: ECJ 24 Aug 1993

The wording in the directive regarding the ‘traditional practice of bathing by large numbers’ is precise, and the UK must implement it. Europa 1. Acts of the institutions – Directives – Implementation by the Member States – Information given to the Commission concerning planned measures – Obligation of the Commission to react within a specific … Continue reading Commission of the European Community v United Kingdom: ECJ 24 Aug 1993

Commission v France (Judgment): ECJ 18 Mar 1999

ECJ A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive. In an action under Article 169 of the Treaty, the question whether a Member State has failed to fulfil its … Continue reading Commission v France (Judgment): ECJ 18 Mar 1999

Commission of the European Communities v French Republic (Judgment): ECJ 10 Dec 1969

Europa 1. Member states of the European communities – exclusive powers – exercise derogating from the provisions of the treaties – conditions imposed by the treaties 2. Member states of the EEC – failure to fulfil an obligation arising from the treaty – finding by the commission – allegation that the commission has intervened in … Continue reading Commission of the European Communities v French Republic (Judgment): ECJ 10 Dec 1969

Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963

LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963

Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964

‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail . .’ ECJ 1. In the … Continue reading Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964

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

QRS 1 APS and others v Frandsen: CA 21 May 1999

The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought a similar sum in damages against the respondent. Held: An English court will not enforce … Continue reading QRS 1 APS and others v Frandsen: CA 21 May 1999

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