ECJ Judgment – Procedure – action for failure to act – amendment of legal basis of an application – inadmissibility (ECSC treaty, article 35 ) when the matter was raised with the high authority within the meaning of article 35 it was asked to take a decision concerning the applicant’s request on the basis of … Continue reading Hamborner Bergbau Ag and Others v ECSC High Authority: ECJ 16 Dec 1960
Europa Proceedings may be brought under article 35 only inasmuch as the applicant has first raised the matter with the high authority in accordance with the provisions of the first paragraph of that article . This initial requirement is necessary not only because the time-limit set for the party concerned commences to run with effect … Continue reading De Gezamenlijke Steenkolemijnen In Limburg v ECSC High Authority: ECJ 4 Feb 1959
ECJ Procedure – abstention of the high authority – capacity to lodge an administrative complaint. The expression ‘as the case may be ‘ must be considered as giving the power to raise a matter with the high authority to the persons specified in article 35 who have an interest in the decision which the high … Continue reading Association Des Utilisateurs De Charbon Du Grand-Duche De Luxembourg v ECSC High Authority: ECJ 23 Apr 1956
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
ECSC – production – steel production quotas – transfer of quotas – supervision by the commission – requirements – observance of the quarterly nature of quotas(ECSC Treaty, art. 58; decision no 2177/83, art. 11(4)*) although under article 11(4) of decision no 2177/83 undertakings may, after giving prior notice to the commission, make transfers of quotas … Continue reading Cockerill-Sambre v Commission: ECJ 24 Feb 1987
ECJ Application for annulment – general decision of the high authority – applicant undertakings and associations of undertakings – admissibility (Treaty, art. 33) For an application by an undertaking or by an association of undertakings against a general decision of the high authority to be admissible it is enough for the applicant formally to allege … Continue reading Associazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955
ECJ Lack of jurisdiction of national courts to declare acts of Community institutions invalid – Validity of a decision on the post-clearance recovery of import duties. Citations: C-314/85 Jurisdiction: European Cited by: Cited – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994 The European Commission has exclusive jurisdiction over ECSC treaty … Continue reading Foto-Frost v Hauptzollamt Lubeck-Ost: ECJ 22 Oct 1987
ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential … Continue reading Ferriere Nord v Commission: ECFI 9 Dec 2014
ECJ The admissibility of an action for failure to act based on the first paragraph of article 35 is subject in the first place to a finding that the high authority had, under a provision of the treaty or of rules laid down for the implementation thereof, a duty to take a decision or make … Continue reading Societe Fives Lille Cail and others v High Authority of the European Coal and Steel Community: ECJ 15 Dec 1961