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Revenue and Customs v Jacobs: CA 22 Jul 2005

The taxpayer had converted a former residentional boarding school into a substantial private residence. He had sought to claim over andpound;300,000 VAT inputs. The Commissioners appealed the finding that he was so entitled. Held: ‘works constitute a residential conversion to the. extent only that they consist in the conversion of a non-residential (part of a) … Continue reading Revenue and Customs v Jacobs: CA 22 Jul 2005

Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005

The court was asked whether it was contrary to Community law – specifically, the provisions then contained in article 52 of the EC Treaty (now renumbered as article 43) – for the domestic tax law in the United Kingdom to differentiate, in the treatment of advance corporation tax on dividends paid by a subsidiary company … Continue reading Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

Commission v Netherlands C-41/02: ECJ 2 Dec 2004

ECJ Free Movement of Goods – Failure of a Member State to fulfil obligations – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Foodstuffs to which vitamins or mineral salts have been added – National legislation making their marketing subject to there being a nutritional … Continue reading Commission v Netherlands C-41/02: ECJ 2 Dec 2004

Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002

The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community. Held: The scheme did infringe the right of free movement of goods, but the court … Continue reading Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002

Commission v Finlande C-469/98: ECJ 5 Nov 2002

(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Finlande C-469/98: ECJ 5 Nov 2002

Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

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

Falciola Angelo Spa v Comune Di Pavia: ECJ 26 Jan 1990

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

The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989

ECJ (Free Movement Of Goods) 1. Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers … Continue reading The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989

Irish Cement Limited v Commission of The European Communities (Action For A Declaration That A Measure Is Void ): ECJ 15 Dec 1988

ECJ 1. An action for the annulment of a decision which merely confirms a previous decision which was not contested within the time-limit for bringing proceedings is inadmissible. 2. Article 175 of the Treaty refers to failure to act in the sense of failure to take a decision or to define a position, and not … Continue reading Irish Cement Limited v Commission of The European Communities (Action For A Declaration That A Measure Is Void ): ECJ 15 Dec 1988

Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal Article 6 of Council Regulation No 1009/86 establishing … Continue reading Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Gullung v Conseil De L’Ordre Des Avocats Du Barreau De Colmar Et De Saverne: ECJ 19 Jan 1988

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

Deutsche Babcock Handel Gmbh v Hauptzollamt Luebeck-Ost: ECJ 15 Dec 1987

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

Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled only to equal treatment in regard to access to employment in accordance with … Continue reading Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986

The tribunal de police de Paris sought a preliminary ruling in criminal proceedings against the executives of airlines and travel agencies, who were charged with infringing the French Civil Aviation Code when selling air tickets by applying tariffs that were different from the approved tariffs. According to the French Code, all airlines had to submit … Continue reading Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986

State of The Netherlands v Reed: ECJ 17 Apr 1986

1. Article 10(1) of regulation no 1612/68 cannot be interpreted as meaning that the companion, in a stable relationship, of a worker who is a national of a member state and is employed in the territory of another member state must in certain circumstances be treated as his ‘spouse’ for the purposes of that provision. … Continue reading State of The Netherlands v Reed: ECJ 17 Apr 1986

Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984

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

Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984

ECJ 1. Although it is essential that national courts explain the reasons why they consider that a reply to their questions is necessary for their decision in the main proceedings, and define the legal context of the request for interpretation, where questions are couched in imprecise terms it is for the court to extract from … Continue reading Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984

Celestri and Co Spa v Ministry of Finance.: ECJ 21 Mar 1985

ECJ Although article 41 of the EEC Treaty, which is based on a clear separation of functions between the national courts and the Court of Justice, does not permit the court either to assess the facts of the case or to review the grounds on which the question submitted for a preliminary ruling is based, … Continue reading Celestri and Co Spa v Ministry of Finance.: ECJ 21 Mar 1985

Nv Iaz International Belgium And Others v Commission Of The European Communities.: ECJ 8 Nov 1983

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

Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

ECJ The protection of designs comes under the protection of industrial and commercial property within the meaning of article 36 inasmuch as its aim to define exclusive rights which are characteristic of that property. In the absence of community standardization or a harmonization of laws the determination of the conditions and procedures under which protection … Continue reading Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981

ECJ It follows from article 30 in conjunction with article 36 of the EEC Treaty that a member state is not prohibited from requiring plant protection products to be subject to prior approval , even if those products have already been approved in another member state. The authorities of the importing state are however not … Continue reading Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981

International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

ECJ 1 The applications in cases 60/81R and 190/81R have the same subject-matter; it is therefore appropriate to join them and to give the decision regarding them in a single order.2 according to article 185 of the treaty, actions brought before the court of justice do not have suspensory effect. The court may, however, if … Continue reading International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

Spa Vinal v Spa Orbat: ECJ 14 Jan 1981

ECJ 1. In its present stage of development community law does not restrict the freedom of each member state to lay down tax arrangements which differentiate between certain products on the basis of objective criteria, such as the nature of the raw materials used or the production processes employed. Such differentiation is compatible with community … Continue reading Spa Vinal v Spa Orbat: ECJ 14 Jan 1981

Just I/S v Danish Ministry For Fiscal Affairs: ECJ 27 Feb 1980

ECJ Whilst the treaty does not exclude, in principle, a difference in the taxation of various alcoholic products, such a distinction may not be used for the purposes of tax discrimination or in such a manner as to afford protection, even indirect, to domestic production. A system which consists in conferring a tax advantage on … Continue reading Just I/S v Danish Ministry For Fiscal Affairs: ECJ 27 Feb 1980

Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980

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

Sa Lancome And Cosparfrance Nederland Bv v Etos Bv And Albert Heyn Supermart Bv.: ECJ 10 Jul 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

Royal Scholten-Honig (Holdings) Limited v Intervention Board For Agricultural Produce ; Tunnel Refineries Limited v Intervention Board For Agricultural Produce.: ECJ 25 Oct 1978

ECJ 1. Even though the statement of the reasons on which a regulation is based may be laconic, it must nevertheless be examined and assessed in the context of the whole of the rules of which the regulation in question forms an integral part. 2. The prohibition of discrimination laid down in the second subparagraph … Continue reading Royal Scholten-Honig (Holdings) Limited v Intervention Board For Agricultural Produce ; Tunnel Refineries Limited v Intervention Board For Agricultural Produce.: ECJ 25 Oct 1978

Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 1978

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

Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978

ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the convention must be regarded as having their own independent meaning and as being thus common to all the contracting … Continue reading Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978

Aamministrazione Delle Finanze Dello Stato v The Rasham Undertaking: ECJ 3 Oct 1978

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

Fratelli Zerbone Snc v Amministrazione Delle Finanze Dello Stato: ECJ 31 Jan 1978

ECJ The direct application of a community regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure adopting it into national law. By reason of the obligations imposed on them by the treaty member states must not impede the direct effect … Continue reading Fratelli Zerbone Snc v Amministrazione Delle Finanze Dello Stato: ECJ 31 Jan 1978

Thieffry v Conseil De L’Ordre Des Avocats A La Cour De Paris: ECJ 28 Apr 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

Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 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

EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

ECJ 1. Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right … Continue reading EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

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 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

Riccardo Tasca: ECJ 26 Feb 1976

ECJ 1. Agriculture – common organization of the market – sugar – sale – maximum prices – unilateral fixing by a member state – prohibition (regulation no 1009/67 of the council) 2. Quantitative restrictions – measures having equivalent effect – concept (EEC treaty, article 30) 3. Agriculture – common organization of the market – sugar … Continue reading Riccardo Tasca: ECJ 26 Feb 1976

Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 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

Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974

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

Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973

ECJ 1. The authority for regulation no 803/68/EEC of the council of 27 june 1968, on the value of goods for customs purposes is to be found in article 235 of the treaty and reveals no factor calculated to affect its validity. 2. Article 11(2)(b) (second branch of the alternative) of regulation no 803/68 of … Continue reading Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973

Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

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

B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in the sphere of economic activities which have the character of gainful employment or remunerated service covers all work … Continue reading B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

Fonderie Officine Riunite ‘FOR’ v Vereinigte Kammgarn-Spinnereien ‘VKS’: ECJ 20 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

Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

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

Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970

1. The validity of measures adopted by the institutions of the community can only be judged in the light of community law. The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as … Continue reading Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970

Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971

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

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

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

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

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

Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

ECJ 1. The court has jurisdiction over the legality of decisions taken by the high authority, but it is not the function of the court to ensure respect for national law in force in a member state, and this is true even of constitutional laws. Therefore the court may neither interpret nor apply national law. … Continue reading Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

Niederrheinische Bergwerks Aktiengesellschaft And Unternehmensverband Des Aachener Steinkohlenbergbaues v High Authority Of The European Coal And Steel Community: ECJ 13 Jul 1961

ECJ 1. Article 37 of the ecsc treaty, which is in direct relation to the second paragraph of article 2, assigns to the high authority, subject to review by the court, an exceptional power enabling it to deal with the consequences arising from the application of clauses of the treaty which do not specifically refer … Continue reading Niederrheinische Bergwerks Aktiengesellschaft And Unternehmensverband Des Aachener Steinkohlenbergbaues v High Authority Of The European Coal And Steel Community: ECJ 13 Jul 1961

Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957

1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course … Continue reading Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957

Commission v Denmark C-467/98: ECJ 5 Nov 2002

(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Denmark C-467/98: ECJ 5 Nov 2002

Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995

ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment): ECJ 2 Aug 1993

The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is fully complied with by refraining from applying any conflicting provision of national legislation, unless … Continue reading Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment): ECJ 2 Aug 1993

Commission v France (Rec 1993,p I-4413) (Judgment): ECJ 2 Aug 1993

Although the Member States are not required to have the same systems of penalties for offences relating to value added tax payable on importation and for offences relating to the same tax in connection with transactions within the country, since the two categories of offence cannot be equally easily detected, the degree of difficulty in … Continue reading Commission v France (Rec 1993,p I-4413) (Judgment): ECJ 2 Aug 1993

Commission v Suede: ECJ 5 Nov 2002

(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Suede: ECJ 5 Nov 2002

Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener: ECJ 5 Nov 2002

The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. Held: The EC Treaty provided that any such arrangement had to be abolished, insofar as it … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener: ECJ 5 Nov 2002

Arcelormittal Luxembourg v Commission: ECJ 29 Mar 2011

Citations: [2011] EUECJ C-216/09 Links: Bailii Jurisdiction: European Cited by: See Also – Arcelormittal Luxembourg v Commission ECJ 26-Oct-2010 Appeals – Competition – Agreements on the market for beams – Annulment of a Commission decision – Adoption of a new decision after the expiry of the ECSC Treaty – Jurisdiction of the Commission – Choice … Continue reading Arcelormittal Luxembourg v Commission: ECJ 29 Mar 2011

Arcelormittal Luxembourg and Others v Commission: ECFI 31 Mar 2009

Europa Competition Cartels Community market for beams Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 Jurisdiction of the Commission Imputability of the infringing behavior Limitation Rights of defense Citations: T-405/06, [2009] EUECJ T-405/06 Links: Bailii Jurisdiction: European Coimmercial Updated: 19 June … Continue reading Arcelormittal Luxembourg and Others v Commission: ECFI 31 Mar 2009

Cudak v Lithuania: ECHR 23 Mar 2010

Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010

Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

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

Mouflin: ECJ 13 Dec 2001

Reference for a preliminary ruling – Social policy – Equal treatment for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC – French civil and military retirement pension scheme – Entitlement … Continue reading Mouflin: ECJ 13 Dec 2001

Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

Commission v France C-262/02: ECJ 13 Jul 2004

The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of certain sporting events. This was said to infringe the freedom to provide services contrary to Article 59 (now 49) of the … Continue reading Commission v France C-262/02: ECJ 13 Jul 2004

Bacardi-Martini SAS v Television Francaise 1 SA (TF1) and others: ECJ 13 Jul 2004

ECJ Grand Chamber – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Directive 89/552/CEE – Television without frontiers – Television broadcasting – Advertising – National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen … Continue reading Bacardi-Martini SAS v Television Francaise 1 SA (TF1) and others: ECJ 13 Jul 2004

Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK. Held: The claim failed. The Crown was not single and indivisible but separate … Continue reading Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

British Sugar v Commission: ECJ 29 Apr 2004

Europa For an agreement between undertakings or a concerted practice to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability and on the basis of objective factors of law or fact that it may have an influence, direct or indirect, actual or potential, on … Continue reading British Sugar v Commission: ECJ 29 Apr 2004

Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded to a partner. Held: The effect of the law was discriminatory. … Continue reading KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Europa Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical products. Citations: C-2/01, [2004] EUECJ C-2/01P Links: Bailii Jurisdiction: European Citing: Appeal from – Bayer AG v Commission (Rec … Continue reading Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

ECJ (Judgment) Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article … Continue reading Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

ECJ Judgment – Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of … Continue reading The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

Leali v Commission: ECFI 20 Oct 2003

Order – Application for interim measures – Competition. Citations: T-46/03, [2003] EUECJ T-46/03 Links: Bailii Jurisdiction: European Cited by: Order – Leali v Commission ECFI 25-Oct-2007 ECJ 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 … Continue reading Leali v Commission: ECFI 20 Oct 2003

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

Bown v Secretary of State for Transport: CA 31 Jul 2003

The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003

Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service … Continue reading Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Linhart v Hans Biffl: ECJ 24 Oct 2002

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

Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 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

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Regina v The Secretary of State for The Home Department, ex parte Bhurosah: CA 1968

In Mauritius the Queen is the Queen of Mauritius and the issuing of passports by the Government of Mauritius, although a matter of foreign affairs and therefore under the control of the UK Government, was an act carried out in the name of the Queen in the right of Mauritius, and not the Queen in … Continue reading Regina v The Secretary of State for The Home Department, ex parte Bhurosah: CA 1968

Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Europa Failure by a Member State to fulfil its obligations – Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) – Rights attaching to the ‘golden share held by the French Republic in Societe Nationale Elf-Aquitaine. Citations: [2002] EUECJ C-483/99 Links: Bailii … Continue reading Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Ventouris Enterprises v Commission: ECFI 20 Jul 1999

ECJ Competition – Regulation (EEC)No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1)of the EC Treaty (now Article 81(1)EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances. … Continue reading Ventouris Enterprises v Commission: ECFI 20 Jul 1999

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

H and R Ecroyd v Commission: ECFI 20 May 1999

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