Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, especially articles 48, 52 and 59 or where appropriate, by the provisions adopted.For its implementation, independently of … Continue reading Royer v Belgium: ECJ 8 Apr 1976

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

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

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

ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC Treaty (now Article 81 EC) – Association of undertakings – Restriction of competition – Justification – Article 86 of the … Continue reading J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

ECJ Failure to fulfil obligations – Infringement of Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Retention of certain national and regional rules regarding trade fairs, markets and exhibitions Citations: C-439/99, [2002] EUECJ C-439/99 Links: Bailii Jurisdiction: European European Updated: 05 June 2022; Ref: scu.167454

ECJ Article 177 of the EC Treaty (now Article 234 EC) – Definition of ‘court or tribunal of a Member State – Freedom of movement for persons – Equal treatment – Seniority – Part of career spent abroad Citations: C-195/98, [2000] EUECJ C-195/98 Links: Bailii European Updated: 04 June 2022; Ref: scu.162401

ECJ 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulations establishing protective measures applicable to imports of products covered by the common organization of the market in products processed from fruit and vegetables 2. Agriculture – Common organization of the markets – Products processed from fruit and vegetables – … Continue reading Binder v Hauptzollamt Stuttgart-West: ECJ 13 Jun 1996

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

ECJ An action brought by a natural or legal person pursuant to the third paragraph of Article 175 of the EEC Treaty and concerning the implementation of Article 90 of the Treaty falls, pursuant to Article 3(1)(c) of Council Decision 88/591 establishing the Court of First Instance, within the jurisdiction of the Court of First … Continue reading Ladbroke Racing v Commission: ECJ 3 May 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

Interpretation of Articles 85 and 86 of the EEC Treaty – Concept of undertaking – Organization charged with the managment of a special social security scheme – National legislation attributing a dominant position to such an organization. Citations: C-159/91, [1993] EUECJ C-159/91 Links: Bailii European Updated: 01 June 2022; Ref: scu.160726

Europa 1. In the framework of the procedure for cooperation between the Court of Justice and the courts of the Member States provided for by Article 177 of the Treaty, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, having regard to the … Continue reading Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992

Europa Legislation of a Member State which makes the deductibility of pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of the applicable tax system. That need … Continue reading Commission v Belgium: ECJ 28 Jan 1992

Europa Legislation of a Member State which makes the deductibility of sickness and invalidity insurance contributions or pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of … Continue reading Bachmann v Belgian State: ECJ 28 Jan 1992

Europa A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into … Continue reading The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991

Europa 1. An action for annulment brought by the Parliament against an act of the Council or Commission is admissible provided that the action seeks only to safeguard the Parliament’ s prerogatives and is founded only on submissions alleging their infringement, since those prerogatives include, in particular, participation in the drafting of legislative measures. 2. … Continue reading Parliament v Council (Rec 1992,p I-4593) (Judgment): ECJ 16 Jul 1992

Europa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5159) (Judgment): ECJ 13 Oct 1992

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

Europa 1. Article 59 of the Treaty requires not only the elimination of all discrimination against a person providing services on the grounds of his nationality, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, when it is liable … Continue reading Manfred Sager v Dennemeyer and Co Ltd: ECJ 25 Jul 1991

Europa Before the entry into force of Regulation No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, adopted by the Council on the basis of Article 84(2 ) of the Treaty, the EEC Treaty, in particular Articles … Continue reading Corsica Ferries France v Direction generale des douanes (Judgment): ECJ 13 Dec 1989

‘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 commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 1974