Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001

(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

‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined … Continue reading Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

ECJ World Trade Organisation (WTO) Accession of Vietnam Establishment of the Community position Choice of correct legal basis Exclusive or shared competence Community competence alone or requirement of involvement of the Member States Article 133(5) and (6) EC in the version of the Treaty of Nice. Citations: C-137/07, [2009] EUECJ C-137/07 – O Links: Bailii, … Continue reading Erste Bank Der Osterreichischen Sparkassen v Commission: ECJ 26 Mar 2009

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

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

ECJ 1. Freedom of establishment, subject to observance of professional rules justified by the general good, is one of the objectives of the treaty. In so far as community law makes no special provision, these objectives may be attained by measures enacted, pursuant to article 5 of the treaty, by the member states. If freedom … Continue reading Thieffry v Conseil De L’Ordre Des Avocats A La Cour De Paris: ECJ 28 Apr 1977

The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is fully complied with by refraining from applying any conflicting provision of national legislation, unless … Continue reading Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment): ECJ 2 Aug 1993

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 EC and ECSC Treaties – State aid – Composition of the Commission – Notification to the Commission of aid and planned aid – Concept and substance of notification – Scope of the ECSC Treaty – Fifth Steel Aid Code – Powers of the Commission ratione temporis – Article 87(2)(c) EC – Privatisation procedure – … Continue reading Germany v Commission (Judgment): ECJ 28 Jan 2003

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