ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State. However, … Continue reading Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989
In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees. Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party … Continue reading Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009
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
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of … Continue reading Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010
1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff composed principally of women – Not permissible where there is no … Continue reading Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994
(Social Security For Migrant Workers) Article 46(3) of Council Regulation No 1408/71 must be interpreted as meaning that the highest theoretical amount of benefits calculated according to Article 46(2)(a) constitutes the limit on the benefits which may be claimed by a migrant worker under Community legislation, even where that theoretical amount is equal to the … Continue reading Cabras v Institut National D’Assurance Maladie-Invalidite.: ECJ 21 Mar 1990
(EEC Treaty) Economic activities carried out by members of religious communities – Freedom to provide services. Citations: R-196/87, [1988] EUECJ R-196/87 Links: Bailii Jurisdiction: European European Updated: 28 July 2022; Ref: scu.215657
ECJ It would be incompatible with the binding effect which article 189 of the EEC treaty ascribes to directives to exclude in principle the possibility of the obligation imposed by it being relied upon by persons concerned. Particularly in cases in which the community authorities have, by means of a directive, placed member states under … Continue reading Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982
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
The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close … Continue reading Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: 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
ECFI Action for annulment – State aid – ECSC Treaty – Fifth Aid Code steel – Status of regular production within the meaning of Article 4, paragraph 2, of the Code fifth Steel Aid Citations: T-166/96, [1999] EUECJ T-166/96 Links: Bailii European Updated: 21 June 2022; Ref: scu.215839
ECJ The procedure provided for in Article 177 of the Treaty is an instrument of cooperation between the Court of Justice and the national courts, whereby the former supplies the latter with the information on the interpretation of Community law which is necessary in order to enable them to settle disputes which are brought before … Continue reading Falciola Angelo Spa v Comune Di Pavia: ECJ 26 Jan 1990
ECJ (Free Movement Of Goods) 1. Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers … Continue reading The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989
ECJ 1. An action for the annulment of a decision which merely confirms a previous decision which was not contested within the time-limit for bringing proceedings is inadmissible. 2. Article 175 of the Treaty refers to failure to act in the sense of failure to take a decision or to define a position, and not … Continue reading Irish Cement Limited v Commission of The European Communities (Action For A Declaration That A Measure Is Void ): ECJ 15 Dec 1988
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
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
ECJ Preliminary Questions – Freedom of establishment – Prior authorisation for the operation of a retail outlet. 1. Although the court has no jurisdiction under article 177 of the treaty to apply a rule of community law to a particular case and thus to judge a provision of national law by reference to such a … Continue reading Ministere Public v Andre Gauchard: ECJ 8 Dec 1987
ECJ 1. Freedom of movement for persons, freedom of establishment and freedom to provide services, which are fundamental in the community system, would not be fully realized if a member state were entitled to refuse to grant the benefit of the provisions of community law to those of its nationals who are established in another … Continue reading Gullung v Conseil De L’Ordre Des Avocats Du Barreau De Colmar Et De Saverne: ECJ 19 Jan 1988
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
(Eec Treaty ) Citations: R-126/86, [1987] EUECJ R-126/86 Links: Bailii Jurisdiction: European European Updated: 21 June 2022; Ref: scu.215519
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
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
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
ECJ Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984
ECJ 1. Although it is essential that national courts explain the reasons why they consider that a reply to their questions is necessary for their decision in the main proceedings, and define the legal context of the request for interpretation, where questions are couched in imprecise terms it is for the court to extract from … Continue reading Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984
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
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
ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.The provisions of community law relating to freedom of movement for workers also cover a national of a member state who pursues, … Continue reading DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 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
ECJ It follows from article 30 in conjunction with article 36 of the EEC Treaty that a member state is not prohibited from requiring plant protection products to be subject to prior approval , even if those products have already been approved in another member state. The authorities of the importing state are however not … Continue reading Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 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
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
ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999
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
ECJ 1 Non-contractual liability – Conditions – Illegality – Damage – Causal link (EC Treaty, Art. 215, second para.) 2 Community law – Principles – Protection of legitimate expectations – Conditions 3 Acts of the institutions – Adoption foreseeable by a prudent and discriminating trader – Principle of the protection of legitimate expectations – Not … Continue reading Efisol v Commission: ECFI 16 Oct 1996
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
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
ECFI 1. The Community judicature manifestly has no jurisdiction to issue directions to the Community institutions, to the Member States or to natural or legal persons or to give a ruling, on the initiative of a natural or legal person, on the compatibility of a Member State’ s or a natural or legal person’ s … Continue reading Koelman v Commission: ECFI 9 Jan 1996
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
1. Privileges and immunities of the European Communities – Attachment order issued against an institution – Need for lifting of immunity by the Court or waiver by the institution concerned (Protocol on the Privileges and Immunities of the European Communities, Art. 1) 2. Non-contractual liability – Conditions – Non-compliance with an attachment order under national … Continue reading Forafrique Burkinabe v Commission: ECJ 29 Apr 1993
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
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the construction and public works sector in another Member State may move with its labour force which it brings from … Continue reading Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990
ECJ 1. The systematic dispatching by a supplier to his customers of invoices bearing the words ‘Export prohibited’ constitutes an agreement prohibited by Article 85(1 ) of the Treaty, and not unilateral conduct, when it forms part of a set of continuous business relations governed by a general agreement drawn up in advance, based on … Continue reading Sandoz Prodotti Farmaceutici v Commission: ECJ 11 Jan 1990
ECJ (Competition )1. An investigation carried out by the commission in fulfilment of its duty to ensure that the rules on competition are observed does not constitute adversary proceedings between companies which have submitted an application under article 3 of regulation no 17/62, having shown that they have a legitimate interest in seeking an end … Continue reading British-American Tobacco Company Ltd, R J Reynolds Industries Inc v Commission Of The European Communities: ECJ 17 Nov 1987
1. Article 215 of the Treaty does not prevent the court from being asked to declare the community liable for imminent damage foreseeable with sufficient certainty even if the damage cannot yet be precisely assessed.2. The lawfulness of Regulations nos 855/84 and 2677/84 cannot be called in question with regard to article 39 (1) of … Continue reading Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987
Europa 1. Non-contractual liability – importation at low prices of new potatoes from Greece – failure to act on the part of the commission (EEC treaty, art. 46 and art. 215, second para. Act of accession of the Hellenic Republic, arts 130 (2) and 131; council regulation no 17, art. 3, and council regulation no … Continue reading Gaarm – Groupement Des Associations Agricoles Pour L’organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Legumes De La Region Malouine And Others v Commission of The European Communities: ECJ 13 Dec 1984
Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council) 1. The … Continue reading Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980
A finding that a legal situation resulting from a legislative measure by the Community involving choices of economic policy is illegal is insufficient by itself to involve the Community in liability under the second paragraph of article 215 of the EEC Treaty; in addition the measure must be vitiated by a sufficiently serious breach of … Continue reading Koninklijke Scholten-Honig v Council and Commission: ECJ 5 Dec 1979
When an action is brought against decisions of the national authorities adopted in implementation of community rules which the applicant regards as unlawful, the question of the legality of such implementing measures adopted in pursuance of community law is a matter for the competent national courts or tribunals to decide, using the procedures laid down … Continue reading IBC v Commission: ECJ 27 Jan 1976
Europa 1. Procedure – proceedings in matters arising from non-contractual liability for reparation for the same damage brought both against the EEC and a member state – necessity for a decision of the national court before a decision by the court of justice 2. Non-contractual liability – damage resulting from an act illegal under community … Continue reading Firma Kurt A Becher v Commission of the European Communities (Judgment): ECJ 30 Nov 1967
A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been ‘lawfully and habitually employed’ in Belgium and they intended to return to Belgium after completion of the project. The French employment inspectors considered that Mr Vander Elst had infringed certain articles of the … Continue reading Raymond Vander Elst v Office des Migrations Internationales: ECJ 1994
Europa 1. Procedure – proceedings in matters arising from non-contractual liability – period for bringing proceedings – limitation (statute of the court of justice of the EEC, article 43) 2. Procedure – proceedings in matters arising from non-contractual liability for reparation for the same damage brought both against the EEC and a member state – … Continue reading Firma E Kampffmeyer and others v Commission of the EEC (Judgment): ECJ 14 Jul 1967
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005
ECJ (Order) 1 Applications for interim measures – Provisional measures – Measures not expressly sought by the applicant – Discretion of the judge dealing with the application (EC Treaty, Art. 186) 2 Applications for interim measures – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Discretion of … Continue reading Antonissen v Council and Commission: ECJ 29 Jan 1997
Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the state where that state fails to implement the directive in national law by the end of the period prescribed or where it fails to … Continue reading Criminal Proceedings Against Kolpinghuis Nijmegen Bv: ECJ 8 Oct 1987
Europa Article 52 of the Treaty and Article 58 preclude the exclusion of a permanent establishment in Germany of a company limited by shares having its seat in another Member State from enjoyment, on the same . .
ECJ Questions submitted for a preliminary ruling – reference to the court – right of every national court – stage of the proceedings before the national court – nature of the decision to be given by the national . .
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory. Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014
The parties disputed whether inkjet printer cartridges were to be classsified on import as parts of printers, and free of duty, or as ink and subject to duty. Held: ‘I can see no reason why the advances in design and technology incorporated into the G2 and G3 cartridges should make it any less appropriate to … Continue reading HM Revenue and Customs v Epson Telford Ltd: ChD 4 May 2007
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009
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