Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000
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
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 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
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
Where a member of a sickness scheme sought treatment in another member state, it was proper to require prior authorisation, but any conditions imposed had to be justifiable and proportionate. In this case the scheme required the recognition of the treatment sought, and that immediate treatment in the country was not available. Hospital services were … Continue reading Geraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen: ECJ 12 Jul 2001
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008
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
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005