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

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

ECJ According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, the fifth paragraph of Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary … Continue reading Alitalia v Commission: ECFI 12 Dec 2000

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

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

1. A declaration of annulment limited solely to the provision of a regulation concerning the extension of an anti-dumping duty would make the regulation extending the definitive anti-dumping duty to importers of similar products or parts of those products a dead letter. The remainder of the operative part of that regulation concerns only the implementation … Continue reading Buchel v Council and Commission: ECFI 26 Sep 2000

ECFI 1 According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary to the criteria … Continue reading Salomon v Commission: ECFI 6 Oct 1999

ECJ 1. Since aid concerns an indeterminate group of persons, the sole purpose of the requirement that aid authorisation under Article 93(3)of the Treaty (now Article 88(3)EC)be notified is to oblige the Commission to ensure that all persons who may be concerned are alerted. Publication of an authorisation notice in the Official Journal is an … Continue reading Weyl Beef Products and others v Commission: ECFI 31 Jan 2001

ECJ Competition – Action for annulment – Rejection of a complaint – Article 86 of the EC Treaty (now Article 82 EC)- Misuse of the anti-dumping procedure – Statement of reasons – Rights of the defence. Citations: T-5/97, [2000] EUECJ T-5/97 Links: Bailii European Updated: 06 June 2022; Ref: scu.173314

ECFI Procedure – Division of jurisdiction between the Court of Justice and the Court of First Instance – Action, pending before the Court of First Instance, brought by a natural or legal person under Article 173, fourth paragraph, and Article 178 of the Treaty, concerning the introduction, in the first case by the Commission and … Continue reading Antilles Neerlandaises v Council and Commission: ECFI 16 Nov 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 1 Non-contractual liability – Conditions – Lawful or unlawful act – Damage – Causal link – Burden of proof (EC Treaty, Art. 215) 2 Non-contractual liability – Conditions – Regulation imposing a trade embargo against a non-member country – Damage resulting from retaliatory measures taken by the government of that country – Causal link … Continue reading Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998

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

ECJ 1. The fact that it is possible to determine the number or even the identity of the persons to whom a measure applies at any given time is not sufficient to call into question the legislative nature of the measure, as long as it is established that it applies to them by virtue of … Continue reading FRSEA and FNSEA v Council: ECFI 28 Oct 1993

ECFI 1. Any measure, regardless of the form in which it is cast, the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or a decision against which an action for annulment may be brought.That … Continue reading Pevasa and Inpesca v Commission: ECFI 28 Apr 1994

ECFI Articles 7 and 9 of Directive 92/73 widening the scope of Directives 65/65 and 75/319 on pharmaceutical products and laying down additional provisions on homeopathic medicinal products are not of direct and individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to manufacturers and importers of homeopathic medicinal … Continue reading Guna v Council: ECFI 29 Oct 1993

1. The fact that a letter has been sent by a Community institution to a person in response to a request by that person is not sufficient for it to be regarded as a decision within the meaning of Article 173 of the Treaty, thereby opening the way for an action for annulment. Only measures … Continue reading Zunis Holding and others v Commission: ECFI 28 Oct 1993

ECFI Procedure – Allocation of jurisdiction between the Court of Justice and the Court of First Instance – Proceedings instituted by a natural or legal person on the basis of the second paragraph of Article 173 of the Treaty concerning the implementation of the competition rules applicable to undertakings and pending before the Court of … Continue reading PTT Nederland and others v Commission: ECFI 21 Jun 1991

Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested Citations: C-380/95, [1996] EUECJ C-380/95 Links: Bailii Statutes: EC Treaty 169 European Updated: 03 June 2022; Ref: scu.161736

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 Judgment – Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation on the supervision and control of waste shipments – Action brought by undertakings specializing in waste shipment – Inadmissibility – Legal protection available from the national courts through an action challenging measures taken … Continue reading Buralux and others: ECJ 15 Feb 1996

1. Procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force. 2. The statement of reasons required by Article 190 of the Treaty must disclose clearly and unequivocally the … Continue reading CT Control (Rotterdam) and JCT Benelux v Commission: ECJ 6 Jul 1993

Europa 1. An action for annulment is available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects. This applies to a Commission communication which sets out to specify the manner of application of Article 5(2) of Directive 80/723 on the transparency of … Continue reading French Republic v Commission of the European Communities (Rec 1993,p I-3283) (Judgment): ECJ 16 Jun 1993

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. The Court has consistently held that persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in … Continue reading William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment): ECJ 19 May 1993

Europa The need for a complete and consistent review of legality requires the first paragraph of Article 173 to be construed as not depriving the Court of jurisdiction to consider, in proceedings for the annulment of a measure based on a provision of the EEC Treaty, a submission concerning the infringement of a rule of … Continue reading Greece v Council: ECJ 29 Mar 1990

(Judgment) Action for failure to act – Natural or legal persons – Failures to act against which an action lies – Failure to commence proceedings for a breach of Treaty obligations – Inadmissibility An action for failure to act brought by a natural or legal person for a declaration that in not commencing against a … Continue reading Star Fruit v Commission: ECJ 14 Feb 1989

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

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

ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves effectively before the Commission adopts a final decision, must be couched in terms that, albeit succinct, are sufficiently clear to enable … Continue reading A Ahlstrom Osakeyhtio and others v Commission: ECJ 31 Mar 1993

Europa A regulation introducing an anti-dumping duty constitutes a decision of direct and individual concern, within the meaning of the second paragraph of article 173 of the EEC Treaty, to an undertaking if it is established that the objections of that undertaking, being the only manufacturer of the product in question in one member state … Continue reading Timex v Council and Commission: ECJ 20 Mar 1985

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

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. For an application by an undertaking against a general decision of the high authority to be admissible, the undertaking in question must convincingly point to facts and circumstances indicating the probability that in this instance the high authority, through want of foresight or serious lack of care amounting to disregard for the purpose … Continue reading Chambre Syndicale De La Siderurgie Francaise and Others v ECSC High Authority (Judgment): ECJ 8 Jul 1965

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

Europa 1 By an application lodged at the Court Registry on 16 March 1990, Mr Y . Blot, a Member of the European Parliament belonging to the Group of the European Right, and the Front national, a non-profit-making association governed by the French Law of 18 July 1901, represented by its chairman Mr Le Pen, … Continue reading Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990

Europa Where the conditions of employment appliable to servants have not been expressly determined and defined by the competent authorities, the conditions applicable for the purposes of article 179 of the eec treaty are to be deemed to consist of the express or implied terms which necessarily governed the contracts of employment of those servants. … Continue reading Von Lachmuller and Others v Commission EEC (Judgment): ECJ 15 Jul 1960

(Rec 1998,p II-3713) Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision addressed to a Member State and finding a State aid to be compatible with the common market – Actions . .

Europa The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, . .