Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001

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

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission Citations: T-98/03, [2007] EUECJ T-98/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261349

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

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. 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 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 EC and ECSC Treaties – State aid – Composition of the Commission – Notification to the Commission of aid and planned aid – Concept and substance of notification – Scope of the ECSC Treaty – Fifth Steel Aid Code – Powers of the Commission ratione temporis – Article 87(2)(c) EC – Privatisation procedure – … Continue reading Germany v Commission (Judgment): ECJ 28 Jan 2003

1. A declaration of annulment limited solely to the provision of a regulation concerning the extension of an anti-dumping duty would make the regulation extending the definitive anti-dumping duty to importers of similar products or parts of those products a dead letter. The remainder of the operative part of that regulation concerns only the implementation … Continue reading Buchel v Council and Commission: ECFI 26 Sep 2000

1 Procedure – Originating application – Procedural requirements – Summary of the pleas in law relied on – Pleas in law not set out in the application – Catch-all reference to the annexes – Inadmissible (Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) 2 Acts of the institutions – Statement of reasons … Continue reading Cipeke v Commission: ECFI 7 Nov 1997

ECJ 1 Non-contractual liability – Conditions – Lawful or unlawful act – Damage – Causal link – Burden of proof (EC Treaty, Art. 215) 2 Non-contractual liability – Conditions – Regulation imposing a trade embargo against a non-member country – Damage resulting from retaliatory measures taken by the government of that country – Causal link … Continue reading Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998

Competition – Payment of a fine – Bank guarantee – Procedure for interim relief – Suspension of operation.It is only in exceptional circumstances that the judge hearing an application for interim measures should order the suspension of the applicant undertaking’ s obligation to provide a bank guarantee securing payment of a fine imposed on it.The … Continue reading Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

1. The appointing authority acts in the name of the institution which designated it, so that acts which concern the legal position of officials and may adversely affect them must be attributed to the institution to which they are attached, and any appeal must be brought against the institution from which the act having an … Continue reading Hogan v Court of Justice: ECFI 29 Mar 1995

1. An action under Article 175 of the Treaty for failure to act may lie only where the institution has an obligation to act, so that the alleged failure to act is contrary to the Treaty.Where a complaint is made to the Commission under Article 3 of Regulation No 17 alleging breach of Article 85 … Continue reading Ladbroke Racing v Commission: ECFI 24 Jan 1995

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 85 and seq. of EC Treaty – Concept of an ‘undertaking’ – Organization managing an optional supplementary social security scheme. Citations: C-244/94, [1995] EUECJ C-244/94 Links: Bailii European Updated: 03 June 2022; Ref: scu.161424

ECJ (Judgment) In order to coordinate the content of annual accounts, the Fourth Directive 78/660 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies, as amended by the Seventh Directive 83/349 on consolidated accounts, lays down the principle of the ‘true and fair view’, compliance with which is … Continue reading Tomberger v Gebruder von der Wettern: ECJ 27 Jun 1996

ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another … Continue reading Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 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 Articles 52 and 57 of the Treaty must be interpreted as meaning that: – in the absence of a directive on the mutual recognition of diplomas, certificates or other evidence of formal qualifications relating to the profession of estate agent, the authorities of a Member State, in response to a request for permission to … Continue reading Criminal proceedings against Aguirre Borrell and others (Rec 1992,p I-3003) (Judgment): ECJ 7 May 1992

(Judgment) 1. Although the Commission, in carrying out its task of supervising State aid, may not in principle be barred from relying on a set of circumstances which taken as a whole indicate the de facto existence of an aid programme, the mere fact that a set of aids may be part of a policy … Continue reading Germany and Pleuger Worthington v Commission: ECJ 13 Apr 1994

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. The requirement of relative stability of 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-5175) (Judgment): ECJ 13 Oct 1992

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

Europa Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement. The introduction by a Member State in the pharmaceutical products sector … Continue reading Commission v Belgium: ECJ 19 Mar 1991