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Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v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
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
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
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 1. In the context of the common agricultural policy the Community has power under Article 40(3) of the Treaty to provide for penalties such as exclusions from the scheme of subsidies established by Article 6(6) of Regulation No 3007/84 and by Article 13(3)(c) of Regulation No 3813/89. In fact, exclusions which do not differ … Continue reading Germany v Commission: ECJ 27 Oct 1992
Court’s refusal to stay enforcement of foreign court order cannot be appealed against. Different jurisdictions not to be used to get advantage on enforcement. Citations: Ind Summary 09-Oct-1995, Times 25-Sep-1995 Statutes: EC Treaty Articles 37 and 38, Brussels Convention 1968 Jurisdiction: European Citing: Reference from – Societe D’Informatique Service Realisation Org v Ampersand Software Bv … Continue reading Societe D’Informatique Service Realisation Organisation v Ampersand Software Bv: ECJ 25 Sep 1995
