1. The ability to rely on directives against State entities is based on the binding nature of directives – which applies only with regard to the Member States to which they are addressed – and seeks to prevent a State from taking advantage of its failure to comply with Community law. The effect of extending … Continue reading El Corte Ingles v Blazquez Rivero: ECJ 7 Mar 1996

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 (Judgment) State aid – Article 93(3) of the EC Treaty (now Article 88(3) EC) – Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC – Failure to give prior notification – Article 92(1) of the EC Treaty (now Article 87(1) EC) – Concept of State aid – Effect … Continue reading Xunta de Galicia: ECJ 21 Jul 2005

ECJ Opinion – Competition State aid Article 92 of the EC Treaty (now, after amendment, Article 87 EC) and Article 93 of the EC Treaty (now Article 88 EC) Invalidity of a decision of the French Fund Commission support radio broadcasting scheme whose beneficiaries are only undertaken by national funding a special tax on radio … Continue reading Regie Networks (State Aid) French Text: ECJ 26 Jun 2008

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 purpose of the preliminary administrative procedure is to prepare the way for the commission’s decision concerning the infringement of the competition rules although that procedure also provides the undertakings concerned with an opportunity to bring the practices complained of into line with the rules of the treaty. 2. The fact that the … Continue reading Nv Iaz International Belgium And Others v Commission Of The European Communities.: ECJ 8 Nov 1983

ECJ According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, the fifth paragraph of Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary … Continue reading Alitalia v Commission: ECFI 12 Dec 2000

ECFI 1 According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary to the criteria … Continue reading Salomon v Commission: ECFI 6 Oct 1999

ECJ 1. Since aid concerns an indeterminate group of persons, the sole purpose of the requirement that aid authorisation under Article 93(3)of the Treaty (now Article 88(3)EC)be notified is to oblige the Commission to ensure that all persons who may be concerned are alerted. Publication of an authorisation notice in the Official Journal is an … Continue reading Weyl Beef Products and others v Commission: ECFI 31 Jan 2001

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

Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons – Products to which the infringement relates. Citations: T-310/94, [1998] EUECJ T-310/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172927

ECFI 1. The statement of reasons in decisions adopted by the Community institutions must be such as to enable the Community judicature to exercise its power of review of the legality of the decision and to enable the person concerned to ascertain the matters justifying the measure adopted, so that he can defend his rights … Continue reading Tierce Ladbroke v Commission: ECFI 18 Sep 1995

ECFI 1. The Community does not incur non-contractual liability on account of damage caused by legislative measures adopted by its institutions unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred. In a legislative field which is characterized by the exercise of a wide discretion, such … Continue reading Lefebvre and others v Commission: ECFI 14 Sep 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

ECFI Articles 7 and 9 of Directive 92/73 widening the scope of Directives 65/65 and 75/319 on pharmaceutical products and laying down additional provisions on homeopathic medicinal products are not of direct and individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to manufacturers and importers of homeopathic medicinal … Continue reading Guna v Council: ECFI 29 Oct 1993

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

ECJ (Judgment) State aid – Examination by the Commission – Establishment of a framework on aid in an economic sector – Commission decision prolonging, with retroactive effect, the validity of the Community framework on State aid in an economic sector after its expiry – Obligation to obtain the agreement of the Member States (EC Treaty, … Continue reading Spain v Commission: ECJ 15 Apr 1997

ECJ (Judgment) 1. Joint financing by a State, through a public fund which enjoys a degree of latitude enabling it to adjust its intervention, of measures accompanying social plans drawn up by undertakings experiencing employment problems constitutes State aid within the meaning of Article 92(1) of the Treaty. First, the social character of such assistance … Continue reading France v Commission: ECJ 26 Sep 1996

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 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 In exercising its powers under Articles 155 and 169 of the Treaty, the Commission, when bringing an action for failure to comply with obligations under the Treaty, does not have to show that there is a specific interest in bringing the action. Article 169 is not intended to protect the Commission’ s own rights. … Continue reading Commission v Germany: ECJ 11 Aug 1995

Europa A measure by which the public authorities grant to certain undertakings a tax exemption which, although not involving a transfer of State resources, places the persons to whom the tax exemption applies in a more favourable financial situation than other taxpayers constitutes State aid within the meaning of Article 92(1) of the Treaty. The … Continue reading Banco Exterior de Espana v Ayuntamiento de Valencia (Judgment): ECJ 15 Mar 1994

ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action. That being so, the fact that no action was taken … Continue reading Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994

Europa 1. The Court has consistently held that persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in … Continue reading William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment): ECJ 19 May 1993