In applying article 177 of the Treaty the court is not competent to decide questions of compatibility of a provision of national law with community law. It can, however, infer from the wording of the questions formulated by the national court, in the light of the facts as found by the latter, the matters involving … Continue reading Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

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

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 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

ECJ Appeal State aid Approval by the Commission on the basis of the EC Treaty Steel undertaking Articles 4(c) CS, 67 CS and 95 CS ECSC Treaty EC Treaty Steel Aid Codes Concomitant application Incompatibility of the aid Compulsory notification of aid granted Failure to notify the Commission Prolonged lack of reaction on the part … Continue reading Commission v Salzgitter (Ecsc): ECJ 22 Apr 2008

ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

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

ECJ 1. The regulations on social security for migrant workers did not set up a common scheme of social security, but allowed different schemes to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by community … Continue reading Caisse De Compensation Des Allocations Familiales Des Regions De Charleroi Et De Namur v Cosimo Laterza: ECJ 12 Jun 1980

ECJ 1. An administrative letter despatched without publication as laid down in regulation no 17 informing the undertaking concerned of the commission’s opinion that there is no need for it to take action in respect of the agreements in question and that the file on the case may therefore be closed constitutes neither a decision … Continue reading Sa Lancome And Cosparfrance Nederland Bv v Etos Bv And Albert Heyn Supermart Bv.: ECJ 10 Jul 1980

ECJ 1. Council decision no 66/532 of 26 July 1966 concerning the abolition of customs duties, the prohibition of quantitative restrictions as between member states and the application of the common customs tariff duties for products other than those set out in annex ii to the treaty did not bring forward the date of expiry … Continue reading Aamministrazione Delle Finanze Dello Stato v The Rasham Undertaking: ECJ 3 Oct 1978

ECJ 1. Article 177 is based on a distinct separation of functions between national courts and tribunals on the one hand and the court of justice on the other, and it does not give the court jurisdiction to take cognizance of the facts of the case, or to criticize the reasons for the reference. Therefore, … Continue reading Tedeschi v Denkavit Commerciale SRL: ECJ 5 Oct 1977

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

ECJ 1. Articles 48 to 66 of the treaty and the measures adopted by the community in application thereof implement a fundamental principle of the treaty, confer on persons whom they concern individual rights which the national courts must protect and take precedence over any national rule which might conflict with them. 2. National regulations … Continue reading Watson v Belmann: ECJ 7 Jul 1976

ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

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 1. National rules or practices which result in imports being channelled in such a way that only certain traders can effect these imports, whereas others are prevented from doing so, constitute a measure having an effect equivalent to a quantitative re- striction within the meaning of article 30 of the treaty. 2. National rules … Continue reading Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976

1. All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions. 2. In the absence of a community system guaranteeing for consumers the authenticity of a product’s designation or origin, member states … Continue reading Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974

ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

ECJ (Preliminary Questions) 1. The court does not have jurisdiction under article 177 to settle a dispute relating to the interpretation of a national law. 2. The prohibition of discrimination as laid down by Article 95 relates not only to the rate but also to the basis of taxation. Article 95 of the Treaty must … Continue reading Fonderie Officine Riunite ‘FOR’ v Vereinigte Kammgarn-Spinnereien ‘VKS’: ECJ 20 Feb 1973

ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

1. Article 226 constitutes an exceptional provision only as regards the nature and the extent of derogation from the treaty and not as regards the detailed rules laid down by the commission in order to achieve the protection sought. In this respect, the commission, which is bound to give priority to such measures as will … Continue reading Nv Internationale Crediet En Handelsvereniging ‘Rotterdam’ And De Cooperatieve Suikerfabriek En Raffinaderij GA ‘Puttershoek’ v Netherlands Minister Of Agriculture and Fisheries: ECJ 18 Feb 1964

ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally applicable. This interpretation is confirmed by the third subparagraph of article 19(2) of the EEC Treaty which, while … Continue reading Commission EEC v Italy: ECJ 27 Feb 1962