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

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 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

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

ECJ (Order) 1. Under Article 168a of the Treaty, an appeal is confined to points of law and this limitation is further embodied in the first paragraph of Article 51 of the Statute of the Court of Justice. Thus, an appeal may rely only on grounds relating to infringements of rules of law, to the … Continue reading Odigitria v Council and Commission: ECJ 28 Nov 1996

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. 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

‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

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

ECJ Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even … Continue reading Basset v Sacem (Rec 1987,P 1747) (Judgment): ECJ 9 Apr 1987

ECJ 1. In connection with state aid and for the purposes of the application of article 92 of the eec treaty. A pre-existing company and three companies newly constituted. Under the restructuring plan financed by the aid in question. To operate the first company’s plant. May be regarded as a single group. Where it is … Continue reading Intermills v Commission: ECJ 14 Nov 1984

Europa In connection with the task entrusted to it by article 177 of the EEC treaty the court has no jurisdiction to review the application of the provisions of community law to a given case or to criticize the way in which a national court applies community law. However, the need to arrive at a … Continue reading Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980

Europa 1. Transport – special internal rates and conditions – purpose of such special rates and conditions – authorization justified (ECSC treaty, article 70) 2. Transport – special internal rates and conditions – unforeseeable circumstances justifying authorization of special rates and conditions – modifications in the infrastructure of transport 3. ECSC treaty – general objectives … Continue reading Kingdom of the Netherlands v Commission of the European Communities: ECJ 8 Feb 1968

ECJ 1. Decision no 22/55, adopted within the context of a special system provided for in relation to Belgium for the duration of the transitional period by article 26 of the convention which applies in accordance with specific rules, however detailed and varied they may be, to all undertakings and transactions governed by that system, … Continue reading Societe Des Charbonnages De Beeringen v ECSC High Authority: ECJ 29 Nov 1956

ECJ Application for annulment – general decision of the high authority – applicant undertakings and associations of undertakings – admissibility (Treaty, art. 33) For an application by an undertaking or by an association of undertakings against a general decision of the high authority to be admissible it is enough for the applicant formally to allege … Continue reading Associazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955

ECJ Judgment – Reference for a preliminary ruling – State aid – Meaning – Article 87(1) EC – Privileges granted to a bank – Company exercising public service obligations – Existing aid and new aid – Article 88(3) EC – Powers of the national court Judges: K. Jurimae, P Citations: C-690/13, [2015] EUECJ C-690/13, ECLI:EU:C:2015:235 … Continue reading Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

Europa 1. European economic community – nature – natural or legal persons having rights and obligations – individuals – provisions of the treaty having direct effect – concept 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – prohibition … Continue reading Firma Molkerei-Zentrale Westfalen/Lippe GmbH v Hauptzollamt Paderborn: ECJ 3 Apr 1968

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential … Continue reading Feralpi v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Excess of authority … Continue reading Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014