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

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

Europa The need for a complete and consistent review of legality requires the first paragraph of Article 173 to be construed as not depriving the Court of jurisdiction to consider, in proceedings for the annulment of a measure based on a provision of the EEC Treaty, a submission concerning the infringement of a rule of … Continue reading Greece v Council: ECJ 29 Mar 1990

Prohibition of import of narcotics convention drugs contravened art 30. Citations: Times 10-May-1995 Statutes: EEC Treaty 30 Jurisdiction: European European Updated: 28 April 2022; Ref: scu.87848

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

ECJ 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulations establishing protective measures applicable to imports of products covered by the common organization of the market in products processed from fruit and vegetables 2. Agriculture – Common organization of the markets – Products processed from fruit and vegetables – … Continue reading Binder v Hauptzollamt Stuttgart-West: ECJ 13 Jun 1996

A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, constitutes a charge having an effect equivalent to customs … Continue reading Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992

ECJ Tax provisions – Domestic taxation – System of taxation of beer – Levying of excise duty on the hot wort, regardless of wastage incurred in preparing the finished product – Flat-rate adjustment of excise duty on imports and refunds on exports – Compatibility with the first paragraph of Article 95 and Article 96 of … Continue reading Commission v Belgium: ECJ 26 Jun 1991

(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

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 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

In the absence of common rules relating to the production and marketing of a product it is for member states to regulate all matters relating to its production, distribution and consumption on their own territory subject, however, to the condition that those rules do not present an obstacle, directly or indirectly, actually or potentially, to … Continue reading Criminal proceedings against Herbert Gilli and Paul Andres: ECJ 26 Jun 1980

Europa 1. Policy of the EEC – common rules – tax provisions – imports from third countries – inapplicability of article 95 of the EEC treaty 2. Agriculture – common agricultural policy – common organization of the markets – turnover equalization tax – not a charge having an effect equivalent to that of custom duties … Continue reading Firma Kunstmuhle Tivoli v Hauptzollamt Wurzburg (Judgment): ECJ 4 Apr 1968

Europa 1. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – absence of similar domestic products or other products capable of being protected – permissibility (EEC treaty, article 95) 2. Quantitative restrictions and taxes – different nature – joint … Continue reading Firma Fink-Frucht GmbH v Hauptzollamt Munchen-Landsbergerstrasse: ECJ 4 Apr 1968

Europa 1. European economic community – nature – natural or legal persons having rights and obligations – individuals – provisions of the treaty having direct effect – concept 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – prohibition … Continue reading Firma Molkerei-Zentrale Westfalen/Lippe GmbH v Hauptzollamt Paderborn: ECJ 3 Apr 1968

Europa 1. Policy of the EEC – common rules – tax provisions – taxation – taxation forming part of a general tax applying without distinction to domestic and imported products – nature of internal taxation (EEC treaty, article 95) 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by … Continue reading Firma August Stier v Hauptzollamt Hamburg-Ericus (Judgment): ECJ 4 Apr 1968

Europa 1. Policy of the EEC – common rules – tax provisions – cumulative multi-stage tax – average rates for imported products or groups of imported products within the meaning of the first paragraph of article 97 – no individual rights 2. Policy of the EEC – common rules – tax provisions – taxation imposed … Continue reading Firma Gebruder Luck v Hauptzollamt Koln-Rheinau (Judgment): ECJ 4 Apr 1968

Europa Member states of the EEC – absolute obligation under the treaty – concept – rights of individuals – protection of such rights by national courts Policy of the EEC – common rules – tax provisions – internal taxation of one member state imposed on the products of other member states – prohibition of discrimination … Continue reading Alfons Lutticke GmbH v Hauptzollamt Sarrelouis (Judgment): ECJ 16 Jun 1966