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 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

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. 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. 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 (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

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. Under the procedure laid down in Article 177 of the Treaty, it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organization of the courts and their procedure. The Court must abide by … Continue reading SFEI and others v La Poste and others: ECJ 11 Jul 1996

ECJ 1. Preliminary rulings – Jurisdiction of the Court – Limits – Jurisdiction of the national court – Determination and assessment of the facts of the dispute – Need for a preliminary ruling and relevance of the questions raised -Assessment by the national court(EEC Treaty, Art. 177)2. Common commercial policy – Protection against dumping – … Continue reading AC-ATEL Electronics v Hauptzollamt Munchen-Mitte: ECJ 2 Jun 1994

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 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

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

ECSC – production – steel production quotas – transfer of quotas – supervision by the commission – requirements – observance of the quarterly nature of quotas(ECSC Treaty, art. 58; decision no 2177/83, art. 11(4)*) although under article 11(4) of decision no 2177/83 undertakings may, after giving prior notice to the commission, make transfers of quotas … Continue reading Cockerill-Sambre v Commission: ECJ 24 Feb 1987

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

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 An interpretation given by the court of justice under article 177 of the EEC treaty binds the national court hearing the case concerned. It is for the national court, however, to decide whether it is sufficiently enlightened by the preliminary ruling given or whether it is necessary to make a further reference to the … Continue reading Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

Europa It would be incompatible with the binding effect attributed to decisions by article 189 to exclude in principle the possibility that persons affected may invoke the obligation imposed by a decision. Particularly in cases where, for example, the community authorities have by means of a decision imposed an obligation in a member state or … Continue reading Franz Grad v Finanzamt Traunstein. (Measures Adopted By An Institution ): ECJ 6 Oct 1970

ECJ Under the terms of Article 177, the court, when giving a preliminary ruling, only has jurisdiction to give a ruling on the interpretation of the Treaty and of measures of the institutions of the community, but can neither apply the Treaty and such measures to a specific case, nor rule on the interpretation of … Continue reading Dekker v Bundesversicherungsanstalt Fur Angestellte: ECJ 1 Dec 1965

ECJ 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to them is authentic. 2. During administrative proceedings before the commission concerning the application of article 85 of the eec treaty the parties concerned must be informed of the facts upon which the … Continue reading Grundig v Commission EEC: ECJ 16 Jun 1965

Europa It follows from Article 1(3) of the Treaty of Accession 1972 in conjunction with Article 158 of the Act of Accession that the jurisdiction in preliminary ruling proceedings conferred on the Court by Article 177 of the Treaty extends to Protocol No 3 on the Channel Islands and the Isle of Man, whose uniform … Continue reading Department of Health and Social Security v Barr and Montrose Holdings (Judgment): ECJ 3 Jul 1991

Europa 1 By an application lodged at the Court Registry on 16 March 1990, Mr Y . Blot, a Member of the European Parliament belonging to the Group of the European Right, and the Front national, a non-profit-making association governed by the French Law of 18 July 1901, represented by its chairman Mr Le Pen, … Continue reading Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990

Europa 1. Procedure – questions referred for preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Social security for migrant workers – old-age and death pensions – aggregation – application of legislation mentioned in annex b to regulation no 3 including non-contributory schemes (regulation no 3, article 27, annex b) … Continue reading Caisse regionale de securite sociale du nord de la France v Achille Torrekens (Judgment): ECJ 7 May 1969

Europa 1. Procedure – preliminary ruling – jurisdiction of the court of justice – limits (EEC treaty, article 177) 2. Policy of the EEC – rules on competition between undertakings – agreements which may affect trade between member state – concept (EEC treaty, article 85) 3. Policy of the EEC – rules on competition between … Continue reading Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969

Europa 1. Procedure – preliminary questions – jurisdiction of the court – limits – task of the national courts (EEC treaty, article 177) 2. Policy of the EEC – rules on competition – agreements – notification – prohibition of an agreement notified – condition of prohibition (EEC treaty, article 85; regulation no 17/62 of the … Continue reading S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969

Europa Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177). Free movement of persons – migrant workers – insurance – benefits – proportional calculation as a corollary of aggregation (EEC treaty, article 51). Free movement of persons – migrant workers – insurance – system provided for by regulation no … Continue reading Auguste de Moor v Caisse de pension des employes prives (Judgment): ECJ 5 Jul 1967

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

Europa Common financial arrangements – equalization of ferrous scrap – calculation of contributions – account taken by the high authority of re-use of arisings of ferrous scrap – average percentage of such arisings adopted for calculation – precise information essential (ECSC treaty, article 53) when it fixes the pecuniary obligations of an undertaking assessable under … Continue reading Ferriera Ernesto Preo e Figli v High Authority of the ECSC: ECJ 30 Jun 1966

ECJ 1. Where, under the procedure provided for by Article 177 of the Treaty, questions are formulated imprecisely, the Court may extract from all the information provided by the national court and from the documents concerning the main proceedings the points of Community law needing to be interpreted, having regard to the subject-matter of the … Continue reading Criminal proceedings against Arcaro: ECJ 26 Sep 1996