Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested Citations: C-380/95, [1996] EUECJ C-380/95 Links: Bailii Statutes: EC Treaty 169 European Updated: 03 June 2022; Ref: scu.161736
Member States – Obligations – Implementation of directives – Undisputed failure to fulfil obligations – (EC Treaty, Art. 169) Citations: C-260/94, [1995] EUECJ C-260/94 Links: Bailii Statutes: EC Treaty Art 169 European Updated: 03 June 2022; Ref: scu.161433
ECJ 1. An application brought under Article 169 of the Treaty can be based only on the arguments and pleas in law already set out in the reasoned opinion. 2. In the absence of harmonization of Community legislation in the field of offences committed in the context of the Community temporary importation arrangements for travellers’ … Continue reading Commission of the European Communities v Hellenic Republic v Greece: ECJ 16 Dec 1992
ECJ 1. According to well-established case-law, a Member State cannot plead provisions, practices or circumstances existing in its internal legal system in order to defend a failure to comply with obligations and time-limits laid down in Community directives.2. If the Member State to which a reasoned opinion has been issued has not, by the end … Continue reading Commission v Greece: ECJ 6 Dec 1989
1. Although the powers conferred on the Commission by Article 90(3) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that does not prevent the ‘directives’ and ‘decisions’ referred to in that provision from falling within the general category of directives … Continue reading Commission v Greece: ECJ 30 Jun 1988
Europa Member states of the EEC – failure to fulfil an obligation arising under the treaty – application to the commission to initiate the procedure provided for in article 169 of the EEC treaty – refusal of the commission – application for annulment – inadmissibility. An application for the annulment of a measure by which … Continue reading Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966
ECJ In the case of an action under the second paragraph of article 169 of the EEC Treaty, it is for the court to say whether the failure has occurred, without having to examine whether, subsequent to the bringing of the action, the state in question took the measures necessary to bring the infringement to … Continue reading Commission EEC v Italy: ECJ 19 Dec 1961
Europa Member States – Obligations – Implementation of directives – Failure – Justification – Not acceptable (EEC Treaty, Art. 169) A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives. Citations: … Continue reading Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990
(Judgment) Action for failure to act – Natural or legal persons – Failures to act against which an action lies – Failure to commence proceedings for a breach of Treaty obligations – Inadmissibility An action for failure to act brought by a natural or legal person for a declaration that in not commencing against a … Continue reading Star Fruit v Commission: ECJ 14 Feb 1989
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
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
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
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
(Judgment) Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (EC Treaty, Art. 169) Citations: [1997] EUECJ C-313/96 Links: Bailii Statutes: Commission Directive 91/410/EEC Jurisdiction: European Consumer Updated: 03 June 2022; Ref: scu.161952
ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-336/93, [1994] EUECJ C-336/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161165
ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-289/93, [1994] EUECJ C-289/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161133
ECJ Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays. Such legislation, which is not intended to regulate the flow of goods and affects the sale of both domestic and imported products, … Continue reading Council of the City of Stoke-on-Trent and Norwich City Council v B and Q Plc (Rec 1992,p I-6635) (Judgment): ECJ 16 Dec 1992
Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990
ECJ 1. The first subparagraph of Article 5(2) of Council Regulation No 1697/79 provides that the competent authorities may refrain from taking action for the post-clearance recovery of import or export duties which have not been collected as a result of an error made by the competent authorities themselves which could not reasonably have been … Continue reading Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991
Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990
ECJ 1. The purpose of the pre-litigation procedure provided for by article 169 of the Treaty, which forms part of the general supervisory tasks entrusted to the commission by the first indent of article 155, is to give the member state concerned an opportunity either to justify its position or, if it so wishes, to … Continue reading Commission v Belgium: ECJ 18 Mar 1986
ECJ (Judgment) A measure carried out by means of discriminatory taxation, which may be considered at the same time as forming part of an aid within the meaning of article 92 of the EEC treaty, is governed both by the provisions of the first paragraph of article 95 and by those applicable to aids granted … Continue reading Commission v Italy C-73/79: ECJ 21 May 1980
ECJ Member states – failure to apply a directive – effect on the functioning of the common market – absence thereof – justification for failure to fulfil obligations under a directive – not permissible (EEC Treaty, art 169) A member state may not invoke, for the purpose of justifiying a failure to fulfil obligations under … Continue reading Commission v Netherlands: ECJ 11 Apr 1978
Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 1974
ECJ 1. The provisional character conferred by article 9(3) of Regulation no 17 on steps taken by national authorities in connexion with the implementation of article 85 of the EEC Treaty cannot call in question the Commission’s exercise to the full of its powers within the framework of the common market. 2. In order to … Continue reading ACF Chemiefarma v Commission: ECJ 15 Jul 1970
Europa An interpretation given by the court of justice under article 177 of the EEC treaty binds the national court hearing the case concerned. It is for the national court, however, to decide whether it is sufficiently enlightened by the preliminary ruling given or whether it is necessary to make a further reference to the … Continue reading Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969
Europa 1. Transport – rates and conditions involving an element of support – examination – authorization – powers and duties of the commission (EEC treaty, article 80) 2. Measures adopted by an institution – statement of reasons (EEC treaty, article 190). 1. By empowering the commission to act on its own initiative or on application … Continue reading Italian Republic v Commission of the European Communities (Judgment): ECJ 9 Jul 1969
ECJ 1. Obligations of member states – failure to fulfil – action by the commission before the court of justice – bringing the action – timing – discretion of the commission (EEC treaty, article 169) 2. Free movement of goods – goods – concept – article possessing artistic or historic value (EEC treaty, article 9) … Continue reading Commission of the European Communities v Italian Republic: ECJ 10 Dec 1968
(Judgment) It was open to member states to refuse to allow claim VAT input reclaims on articles purchased for transport which constituted the very tool of the trade of a taxpayer. Driving instructors may not reclaim VAT on their transport. Citations: Times 02-Jul-1998, C-43/96, [1998] EUECJ C-43/96 Links: Bailii Statutes: Council Directive 77/388/EEC, EC Treaty … Continue reading Commission of the European Communities v French Republic (Supported by United Kingdom Intervener): ECJ 18 Jun 1998
The wording in the directive regarding the ‘traditional practice of bathing by large numbers’ is precise, and the UK must implement it. Europa 1. Acts of the institutions – Directives – Implementation by the Member States – Information given to the Commission concerning planned measures – Obligation of the Commission to react within a specific … Continue reading Commission of the European Community v United Kingdom: ECJ 24 Aug 1993
Europa 1. Member states of the European communities – exclusive powers – exercise derogating from the provisions of the treaties – conditions imposed by the treaties 2. Member states of the EEC – failure to fulfil an obligation arising from the treaty – finding by the commission – allegation that the commission has intervened in … Continue reading Commission of the European Communities v French Republic (Judgment): ECJ 10 Dec 1969
Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966
Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963
‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail . .’ ECJ 1. In the … Continue reading Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964
A measure carried out by means of discriminatory taxation, which may be considered at the same time as forming part of an aid within the meaning of article 92 of the EEC treaty, is governed both by the provisions of the first paragraph of article 95 . .