1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility (EEC Treaty, Art 30) 2 … Continue reading Ministere Public v Tournier: ECJ 13 Jul 1989
ECJ The procedure provided for in Article 177 of the Treaty is an instrument of cooperation between the Court of Justice and the national courts, whereby the former supplies the latter with the information on the interpretation of Community law which is necessary in order to enable them to settle disputes which are brought before … Continue reading Falciola Angelo Spa v Comune Di Pavia: ECJ 26 Jan 1990
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 Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984
ECJ 1. Within the framework of the task given it by article 177 of the EEC Treaty, the court of justice has no jurisdiction to decide the application of the treaty to a given case but the need to reach a useful interpretation of community law enables it to extract from the facts of the … Continue reading Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980
ECJ 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty the national court, which is alone in having a direct knowledge of the facts of the case and of the arguments put forward by the parties, and which has to give judgment in … Continue reading Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 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. Whenever community law has created for the institutions of the community powers within its internal system for the purpose of attaining a specific objective, the community has authority to enter into the international commitments necessary for the attainment of that objective even in the absence of an express provision in that connexion. This … Continue reading Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 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 Under article 177 of the court, when giving a preliminary ruling, is entitled only to pronounce on the interpretation of the treaty and of acts of the institutions of the community or on their validity but may not, on the basis of that article, give judgment on the interpretation of a provision of national … Continue reading Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971
1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request (EEC Treaty, article 177) 2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national court – form not laid down in the treaty (EEC treaty, article 177) 3. Procedure – … Continue reading Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991
ECJ Approximation of laws – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Directive 76/768/EEC relating to cosmetic products – Directive 84/450/EEC concerning misleading advertising – National legislation laying down restrictions on advertising. Judges: J-P. Puissochet, P Citations: C-99/01, [2002] EUECJ C-99/01 Links: Bailii European, … Continue reading Linhart v Hans Biffl: ECJ 24 Oct 2002
The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002
ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002
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
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999
ECJ Articles 30 and 52 of the EC Treaty (after amendment, Articles 28 EC and 43 EC) – Industrial and commercial property – Trade name. Citations: C-255/97, [1999] EUECJ C-255/97 Links: Bailii European, Intellectual Property Updated: 04 June 2022; Ref: scu.162177
It was not discriminatory to offer additional pay over and above statutory entitlements to workers taking maternity leave on condition that they return to work for at least a month after the birth or repay the additional sums allowed Citations: Times 29-Oct-1998, C-411/96, [1998] EUECJ C-411/96 Links: Bailii Statutes: ECTreaty Art 177, Council Directive 75/117/EC … Continue reading Boyle and Others v Equal Opportunities Commission: ECJ 27 Oct 1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based outside EU. United Kingdom legislation restricting fiscal reliefs or advantages to cases where the relevant … Continue reading Imperial Chemical Industries v Colmer: ECJ 16 Jul 1998
An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998
ECJ Article 177 of the EC Treaty – Jurisdiction – Court of one of the Member States – Extraordinary petition to the President of the Italian Republic – Compulsory opinion of the Consiglio di Stato – Directives 86/457/EEC and 93/16/EEC – Specific training in general medical practice – Rights acquired before 1 January 1995 Citations: … Continue reading Garofalo and others v Ministero della Sanita and USL no 58 di Palermo: ECJ 16 Oct 1997
ECJ Preliminary rulings – Reference to the Court – National court or tribunal within the meaning of Article 177 of the Treaty – Definition – Body competent to hear appeals concerning the award of public contracts. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Provision requiring Member … Continue reading Dorsch Consult Ingenieursgesellschaft v Bundesbaugesellschaft Berlin mbH: ECJ 17 Sep 1997
ECJ 1 Preliminary rulings – Jurisdiction of the Court – Limits – Presentation during the procedure before the Court of facts which differ from those described in the order for reference – Obligation of the Court to abide by the facts as stated in the order for reference (EC Treaty, Art. 177; EC Statute of … Continue reading Phytheron International v Bourdon: ECJ 20 Mar 1997
ECJ As a court common to more than one Member State which has the task of ensuring that the legal rules common to the three Benelux States are applied uniformly and reference to which is a step in the proceedings before the national courts leading to definitive interpretations of the common Benelux rules, the Benelux … Continue reading Parfums Christian Dior v Evora BV: ECJ 4 Nov 1997
ECJ (Order) A natural or legal person who has not sought or been granted leave to intervene before the national court is not entitled to apply for leave to intervene in preliminary ruling proceedings before the Court of Justice in order to submit observations on the question raised by the national court. Article 37 of … Continue reading Biogen v Smithkline Beecham Biologicals: ECJ 26 Feb 1996
ECJ Article 177 – Jurisdiction of the Court – National legislation adopting Community provisions – Community Customs Code – Appeal – Suspension of a customs decision – Provision of security Citations: C-130/95, [1997] EUECJ C-130/95 Links: Bailii Statutes: EC Treaty 177 European, Customs and Excise Updated: 03 June 2022; Ref: scu.161573
1. Under the procedure provided for by Article 177 of the Treaty, it is for the national court to assess the scope of national provisions and the manner in which they are to be applied. Since the national court is best placed to assess, in view of the particularities of the case, the need for … Continue reading CIA Security International v Signalson and Securitel: ECJ 30 Apr 1996
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996
ECJ (Judgment) 1. Pursuant to the division of judicial functions between national courts and the Court of Justice provided for by Article 177 of the Treaty, the Court gives preliminary rulings where the questions referred concern the interpretation of a provision of Community law without, in principle, having to look into the circumstances in which … Continue reading Associazione Italiana per il WWF and others C-118/94: ECJ 7 Mar 1996
The different pension ages for men and women, and to entitlement to associated invalidity benefits not discriminatory. Community law was not contravened by invalidity benefit being added to a pension. Citations: Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-92/94, [1995] EUECJ C-92/94 Links: Bailii Statutes: EC Treaty Article 177, Directive 79/7/EEC Article 7(1)(a) Benefits, Discrimination, European Updated: … Continue reading Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 1995
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
Equal pay provisions apply to piece rate work- Employer to justify differences. where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, so that there is a prima facie case of sex discrimination, article … Continue reading Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995
Europa Under the procedure for a preliminary ruling provided for in Article 177 of the Treaty it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for … Continue reading BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 1995
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
(Judgment) 1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, … Continue reading Criminal proceedings against Vanacker and Lesage: ECJ 12 Oct 1993
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
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
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
A finding that a legal situation resulting from a legislative measure by the Community involving choices of economic policy is illegal is insufficient by itself to involve the Community in liability under the second paragraph of article 215 of the EEC Treaty; in addition the measure must be vitiated by a sufficiently serious breach of … Continue reading Koninklijke Scholten-Honig v Council and Commission: ECJ 5 Dec 1979
Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977
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
ECJ 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – reference to the court by a national court or tribunal – applicability of the provision referred for interpretation – express statement not obligatory (EEC treaty, article 177) 3. Quantitative restrictions – abolition … Continue reading SpA Salgoil v Italian Ministry of Foreign Trade: ECJ 19 Dec 1968
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 1. Common financial arrangements – equalization – contributions – exemption – principles (ECSC treaty, article 53) 2. Common financial arrangements – equalization – ferrous scrap – exemption – own resources – concept (ECSC treaty, article 53) 1 Cf. Paragraph 1, summary in case 3/65 (1965) ECR 1065. The conditions for granting exemption from contributions … Continue reading Societe anonyme metallurgique Hainaut-Sambre v High Authority of the ECSC (Judgment): ECJ 15 Dec 1965
Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966
Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976 Europa Reference for a preliminary ruling: Office of the Industrial Tribunal and the Fair Employment Tribunal, Belfast – United Kingdom. Equal pay for men and women – Article 119 of the EC Treaty – Protocol No … Continue reading Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services: ECJ 11 Dec 1997
Attendance allowance payable in England was properly withdrawn after claimant left England to live in France permanently. Attendance allowance is in special category under the regulations. Citations: Times 02-Jul-1998, C-297/96, [1998] EUECJ C-297/96 Links: Bailii Statutes: Disability Living Allowance and Disability Working Allowance Act 1991, EC Treaty Art 177 Benefits, European Updated: 19 May 2022; … Continue reading Partridge v Adjudication Officer Case: ECJ 2 Jul 1998
Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits. ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of … Continue reading Hermes International v FHT Marketing: ECJ 9 Sep 1998
The taxpayer ran several gaming clubs under a license authorising roulette type games. He was assessed to VAT, calculated on a probability basis. Held: In general VAT was recoverable on unlawful supplies, including unlawful gaming arrangements, but where the national legislation exempted lawful arrangements it could not be applied to unlawful versions. Fiscal neutrality prevented … Continue reading Fischer v Finanzamt Donaueschingen: ECJ 2 Jul 1998
A three month time limit for compensation in national law for unequal treatment in employment matters was not a breach of the Directive. Citations: Times 02-May-1997, C-180/95, [1997] EUECJ C-180/95 Links: Bailii Statutes: EC Treaty Art 177 Discrimination, European Updated: 19 May 2022; Ref: scu.80126
A request for security for costs from a foreign EC company is discriminatory and against the Treaty. Citations: Times 10-Oct-1996, C-43/95, [1996] EUECJ C-43/95 Links: Bailii Statutes: ECTreaty Art 177 Litigation Practice, European Updated: 19 May 2022; Ref: scu.79816
Though national regulations could allow placement of label identifying foodstuffs by the product, it was insufficient compliance with European Directive. The ultimate consumer (not just purchaser) needed to be informed about the product. Citations: Times 21-Aug-1998 Statutes: ECTreaty Art 177 Jurisdiction: European Consumer Updated: 19 May 2022; Ref: scu.79660
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to … Continue reading Brown v Rentokil Ltd: ECJ 30 Jun 1998
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011
Rules limiting payment of Disability Living Allowance to those ordinarily resident in UK were not in breach of the Treaty. Citations: Times 10-Dec-1997 Statutes: EC Treaty Art 177 Jurisdiction: European Benefits Updated: 15 May 2022; Ref: scu.89360
Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state. Citations: Times 01-Dec-1998, C-274/96, [1998] EUECJ C-274/96 Links: Bailii Statutes: ECTreaty Art 177 Jurisdiction: European Cited by: Cited – Collins v … Continue reading Criminal Proceedings Against Bickel and Franz: ECJ 1 Dec 1998
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
Constitutional Status of Chanel Islands considered The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the United Kingdom and the Bailiwicks of Guernsey and … Continue reading Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014
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. Common customs tariff – tariff classification – heading 23.07 -interpretation (regulations nos 19/62 and 55/62) 2. Common customs tariff – tariff classification – criteria – application -jurisdiction of the national court 1. Heading 23.07 of the common customs tariff, to which reference is made in article 1 (d) of and the annex to … Continue reading Arend van de Poll KG v Hauptzollamt Trier (Judgment): ECJ 14 Dec 1972
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
A worker employed for part of a year in another member state was entitled to enforce against his home country the right not to be treated adversely by way of income tax and insurance contributions. Reasons of administrative simplicity are insufficient. Citations: Times 25-Feb-1999, C-18/95 Statutes: ECTreaty Art 177, Art 48 European Updated: 10 April … Continue reading Terhoeve v Inspecteur Van De Belastingdients Particulieren/Ondernemingen Buitenland: ECJ 25 Feb 1999
VAT on transport allocated where journey over several states was by the proportions of distance travelled within each state. Citations: Times 27-Nov-1997 Statutes: ECTreaty Art 177 VAT, European Updated: 10 April 2022; Ref: scu.88729
Requirement that individual refused entry have same rights as member state was satisfied by giving same remedies to all. Citations: Times 23-Jun-1997 Statutes: ECTreaty 177 Immigration, European Updated: 10 April 2022; Ref: scu.87905
The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their own pre-emptive campaign. They now admitted misuse of the confidential information acquired. Held: The claim succeeded … Continue reading Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010
ECJ The obligation to refer to the Court of Justice questions concerning the interpretation of the EEC Treaty and of measures adopted by the community institutions which the third paragraph of article 177 of the EEC Treaty imposes on national courts and tribunals against whose decisions there is no judicial remedy under national law is … Continue reading Srl CILFIT v Ministero Della Sanita: ECJ 6 Oct 1982
ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply … Continue reading Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999
LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
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
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
ECJ (Preliminary Ruling ) 1. The obligation imposed by the third paragraph of article 177 of the EEC Treaty upon national courts or tribunals of last instance may be deprived of its purpose by reason of the authority of an interpretation already given by the court under article 177 in those cases in which the … Continue reading Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963
bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a first application. Held: The applicants still had the benefit of the Directive: ”an application for asylum’ … Continue reading ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions of Community law. Any provision of a national legal system and any legislative, administrative or judicial practice which … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990
‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail . .’ ECJ 1. In the … Continue reading Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011
