Category: European

Toshiba v Commission (Agreements, Decisions And Concerted Practices): ECFI 19 Jan 2016

ECJ Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – New decision taken following annulment in part of the initial decision by the Court – Fines – Rights of the defence – Obligation to state reasons – Equal treatment – Starting amount – Extent of contribution to the infringement
References: T-404/12, [2016] EUECJ T-404/12
Links: Bailii

Last Update: 16 October 2020; Ref: scu.559137

Vodafone v Bundesrepublik Deutschland: ECJ 14 Jan 2016

Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Article 7(3) – Procedure for consolidating the internal market for electronic communications – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power on a market – Obligations imposed by national regulatory authorities – Price control and cost accounting obligations – Authorisation of mobile call termination fees
References: C-395/14, [2016] EUECJ C-395/14
Links: Bailii
Statutes: Directive 2002/21/EC 7(3), Directive 2002/19/EC 8 13

Last Update: 16 October 2020; Ref: scu.559138

Tilly-Sabco v Commission (Judgment (Extracts)): ECFI 14 Jan 2016

ECJ Agriculture – Export refunds – Poultrymeat – the Regulations fixing the refunds – euro – Action for annulment – Regulatory act not involving implementing measures – Direct concern – Admissibility – Article 3, paragraph 3, Regulation (EU) No 182/2011 – Obligation to state reasons – Article 164, paragraph 3 of Regulation (EC) No 1234/2007 – Legitimate expectations
References: T-397/13, [2016] EUECJ T-397/13
Links: Bailii
Statutes: Regulation (EU) No 182/2011, Regulation (EC) No 1234/2007

Last Update: 16 October 2020; Ref: scu.559136

Grune Liga Sachsen and Others v Freistaat Sachsen: ECJ 14 Jan 2016

ECJ Reference for a preliminary ruling – Directive 92/43/EEC – Article 6(2) to (4) – Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out – Review of the project after the site was included in that list – Rules governing that review – Consequences of the completion of the project for the choice of alternatives
References: [2016] EUECJ C-399/14
Links: Bailii
Statutes: Directive 92/43/EEC 6
This case cites:

  • Opinion – Grune Liga Sachsen and Others v Freistaat Sachsen (Advocate General’s Opinion) ECJ 24-Sep-2015 (C-399/14, , [2015] EUECJ C-399/14 – O)
    Habitats Directive – Special areas of conservation – Site included on the list of sites of Community importance after a construction project was authorised within the site but before work began – Whether necessary to review the initial assessment of . .

These lists may be incomplete.
Last Update: 16 October 2020; Ref: scu.559140

Mitsubishi Electric v Commission (Competition : Agreements, Decisions And Concerted Practices): ECFI 19 Jan 2016

ECJ Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – New decision taken following annulment in part of the initial decision by the Court – Fines – Obligation to state reasons – Principle of good administration – Rights of the defence – Equal treatment – Proportionality – Erroneous application – Starting amount – Extent of contribution to the infringement – Deterrence multiplier
References: T-409/12, [2016] EUECJ T-409/12, ECLI:EU:T:2016:17
Links: Bailii

Last Update: 16 October 2020; Ref: scu.559134

Ntouvas v ECDC: ECFI 14 Jan 2016

ECJ Appeal – Civil service – Contract staff – Reports procedure – Career development report – 2010 appraisal procedure – Dismissal of the action at first instance – Time-limit for submission of the defence – Extension – Exceptional circumstances – Article 39(2) of the Rules of Procedure of the Civil Service tribunal – Lawfulness of the appraisal procedure
References: T-94/13, [2016] EUECJ T-94/13
Links: Bailii
Jurisdiction: European

Last Update: 16 October 2020; Ref: scu.559135

Ostas Celtnieks SIA v Talsu novada pasvaldiba, (Advocate Generals Opinion): ECJ 4 Jun 2015

ECJ Request for a preliminary ruling – Public contracts – Directive 2004/18/EC – Articles 47(2) and 48(3) – Economic operator relying on the capacities of other entities – Obligation to conclude a cooperation agreement or form a partnership with those other entities – Clause on the joint and several liability of the tenderer and other entities
References: C-234/14, [2015] EUECJ C-234/14 – O
Links: Bailii
Judges: Wathelet AG
Statutes: Directive 2004/18/EC
This case is cited by:

  • Opinion – Ostas Celtnieks SIA v Talsu novada pasvaldiba ECJ 14-Jan-2016 (, [2016] EUECJ C-234/14)
    ECJ Reference for a preliminary ruling – Public procurement contracts – Directive 2004/18/EC – Economic and financial standing – Technical and/or professional ability – Articles 47(2) and 48(3) – Tender . .

These lists may be incomplete.
Last Update: 16 October 2020; Ref: scu.559124

Shiner and Another v Revenue and Customs: UTTC 3 Nov 2015

complaint that the imposition of tax legislation is, in the circumstances, an improper restriction on the flow of capital for the purposes of EU legislation, ought to be struck out because it had already been the subject of a decision, adverse to the appellants, in a previous Court of Appeal decision given in judicial review proceedings
References: [2015] UKUT 596 (TCC), [2015] BTC 534, [2016] STI 73, [2016] STC 760
Links: Bailii
Jurisdiction: England and Wales

Last Update: 16 October 2020; Ref: scu.558958

Soprema v OHMI – Sopro Bauchemie (Soprapur): ECFI 25 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark SOPRAPUR – Earlier Community word mark Sopro – Relative ground for refusal – Similarity of goods and signs – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
References: T-763/14, [2015] EUECJ T-763/14
Links: Bailii
Statutes: Regulation (EC) No 207/2009 8
Jurisdiction: European

Last Update: 15 October 2020; Ref: scu.556052

Sephora v OHMI – Mayfield Trading (Representation De Deux Lignes Verticales Ondulees): ECFI 25 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Community figurative mark representing two wavy vertical lines – national and international figurative marks representing a wavy vertical line – Relative ground for refusal – No likelihood of confusion – Article 8, paragraph 1 b ) of Regulation (EC) No 207/2009
References: T-320/14, [2015] EUECJ T-320/14, ECLI: EU: T: 2015 882
Links: Bailii
Statutes: Regulation (EC) No 207/2009 8
Jurisdiction: European

Last Update: 15 October 2020; Ref: scu.556051

Spain v Commission: ECFI 26 Nov 2015

ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – Distortion of competition – Article 107, paragraph 3, c) TFEU – Duty of care – Reasonable time – Legal certainty – Equal treatment – Proportionality – Subsidiarity – The right to information
References: T-461/13, [2015] EUECJ T-461/13
Links: Bailii

Last Update: 15 October 2020; Ref: scu.556053

Verein Fur Konsumenteninformation v A1 Telekom Austria AG: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2002/22/EC – Electronic communications networks and services – Users’ rights – Right of subscribers to terminate their contract without penalty – Changes to charges under terms of the contract – Increase in charges in line with increase in the consumer price index
References: C-326/14, [2015] EUECJ C-326/14, ECLI:EU:C:2015:782
Links: Bailii
Statutes: Directive 2002/22/EC

Last Update: 15 October 2020; Ref: scu.556131

SC Total Waste Recycling SRL v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Environment – Waste – Shipments – Regulation (EC) No 1013/2006 – Shipments within the European Union – Point of entry different from that specified in the notification and in the prior consent – Essential change to the details of a shipment of waste – Illegal shipment – Proportionality of the administrative fine
References: C-487/14, [2015] EUECJ C-487/14, ECLI:EU:C:2015:780
Links: Bailii
Statutes: Regulation (EC) No 1013/2006

Last Update: 15 October 2020; Ref: scu.556130

Medeval MedEval – Qualitats-, Leistungs- und Struktur-Evaluierung im Gesundheitswesen GmbH: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Public procurement – Directive 89/665/EEC – Principles of effectiveness and equivalence – Review procedures concerning the award of public contracts – Period allowed for commencing proceedings – National legislation making an action for damages subject to a precondition that the procedure be declared unlawful – Limitation period which starts to run irrespective of the applicant’s knowledge of the unlawfulness
References: C-166/14, [2015] EUECJ C-166/14, ECLI:EU:C:2015:779
Links: Bailii
Judges: T. von Danwitz, P
Statutes: Directive 89/665/EEC

Last Update: 15 October 2020; Ref: scu.556129

Hauptzollamt Frankfurt am Main v Duval GmbH and Co KG: ECJ 26 Nov 2015

Judgment – Reference for a preliminary ruling – Customs union and Common Customs Tariff – Tariff classification – Combined Nomenclature – Position 9025 – Concept of ‘thermometer’- Indicators of exposure to a predetermined target temperature to be used on one occasion only
References: C-44/15, [2015] EUECJ C-44/15, ECLI:EU:C:2015:783
Links: Bailii

Last Update: 15 October 2020; Ref: scu.556126

Administrador de Infraestructuras Ferroviarias v Aira Pascual And Others: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights – Obligation on the transferee to take on workers – Public undertaking responsible for a public service – Provision of the service by another undertaking pursuant to a public service operating agreement – Decision not to extend that agreement following its expiry – Retention of identity of the economic entity – Activity based essentially on equipment – Employees not taken on
References: C-509/14, [2015] EUECJ C-509/14, ECLI:EU:C:2015:781
Links: Bailii
Statutes: Directive 2001/23/EC 1(1)

Last Update: 15 October 2020; Ref: scu.556125

Residex Capital IV CV v Gemeente Rotterdam: ECJ 8 Dec 2011

ECJ Article 88(3) EC – State aid – Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower – Infringement of procedural rules – Obligation to recover – Nullity – Powers of the national court
References: [2011] EUECJ C-275/10, C-275/10
Links: Bailii
This case cites:

  • Opinion – Residex Capital IV CV v Gemeente Rotterdam ECJ 26-May-2011 (C-275/10, , [2011] EUECJ C-275/10)
    ECJ Opinion – Competition – State Aid-Recovery of state aid contrary to EU law – Guarantee given to a loan – Nullity of acts into national law in violation of mandatory provisions of law – Powers of the national . .

These lists may be incomplete.
Last Update: 15 October 2020; Ref: scu.556124

Maxima Latvija v Konkurences padome: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Application of analogous national legislation – Jurisdiction of the Court – Concept of ‘agreement having as its object the restriction of competition’- Commercial lease agreements – Shopping centres – Right of the anchor tenant to prevent the lessor letting commercial premises to third parties
References: C-345/14, [2015] EUECJ C-345/14, ECLI:EU:C:2015:784, [2015] WLR(D) 483
Links: Bailii, WLRD
Judges: L Bay Larsen P
Statutes: TFEU 101(1)

Last Update: 15 October 2020; Ref: scu.556128

Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna: ECJ 10 Sep 2009

ECJ Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Labelling likely to mislead the purchaser as to the origin or provenance of the foodstuff – Generic names within the meaning of Article 3 of Regulation (EEC) No 2081/92 Effect
References: [2009] EUECJ C-446/07, C-446/07
Links: Bailii
Statutes: Directive 2000/13/EC
This case cites:

These lists may be incomplete.
Last Update: 23 September 2020; Ref: scu.518492

European Commission v Council of The European Union, United Kingdom of Great Britain And Northern Ireland: ECJ 19 Nov 2013

ECJ Action for annulment – Decision 2011/866/EU – Annual adjustment of the remuneration and pensions of officials and other servants of the European Union – Staff Regulations – Article 65 of the Staff Regulations – Method of adjustment – Article 3 of Annex XI to the Staff Regulations – Exception clause – Article 10 of Annex XI to the Staff Regulations – Serious and sudden deterioration in the economic and social situation – Adjustment of correction coefficients – Article 64 of the Staff Regulations – Council decision – Refusal to adopt the Commission’s proposal
References: C-63/12, [2013] EUECJ C-63/12
Links: Bailii

Last Update: 23 September 2020; Ref: scu.518458

Thesing, Bloomberg Finance Lp v European Central Bank: ECJ 6 Nov 2013

ECJ Order – Appeals – Application to intervene – Representation by a lawyer – Interest in the result of the case – Rejection
References: C-28/13, [2013] EUECJ C-28/13
Links: Bailii
Jurisdiction: European
This case is cited by:

  • Opinion – Thesing, Bloomberg Finance Lp v European Central Bank ECJ 6-Feb-2014 (, [2014] EUECJ C-28/13, C-28/13, ECLI:EU:C:2014:230)
    ECJ Order – Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 169(2) of the Rules of Procedure of the Court of Justice – Content required in the application initiating an appeal . .

These lists may be incomplete.
Last Update: 23 September 2020; Ref: scu.518464

Glaxosmithkline Biologicals Sa v Comptroller-General Of Patents, Designs And Trade Marks: ECJ 14 Nov 2013

ECJ Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Concepts of ‘active ingredient’ and ‘combination of active ingredients’ – Adjuvant
References: C-210/13, [2013] EUECJ C-210/13
Links: Bailii
Judges: Caoimh P
Statutes: Regulation (EC) No 469/2009

Last Update: 23 September 2020; Ref: scu.518459

Dixons Retail Plc v Commissioners For Her Majesty’s Revenue And Customs: ECJ 21 Nov 2013

ECJ Directive 2006/112/EC – Value added tax – Supply of goods – Concept – Fraudulent use of a bank card
References: [2014] 2 WLR 893, [2013] EUECJ C-494/12, [2014] 1 Ch 326, ECLI:EU:C:2013:758, [2014] STC 375, [2013] WLR(D) 448, [2014] BVC 2, [2013] STI 3573
Links: Bailii
Statutes: Directive 2006/112/EC
Jurisdiction: European
This case is cited by:

  • Cited – Airtours Holidays Transport Ltd v Revenue and Customs SC 11-May-2016 (, [2016] UKSC 21, , [2016] 4 WLR 87, [2016] STI 1529, [2016] 4 All ER 1, [2016] BVC 17, [2016] STC 1509, UKSC 2014/0215, , )
    The court was asked whether the appellant, Airtours Holidays Transport Ltd (formerly MyTravel Group plc), was entitled to recover, by way of input tax VAT charged by PricewaterhouseCoopers LLP in respect of services provided by PwC and paid for by . .

These lists may be incomplete.
Last Update: 23 September 2020; Ref: scu.518456

El Hogar Perfecto Del Siglo Xxi, Sl v Office For Harmonisation In The Internal Market (Trade Marks And Designs), v Wenf International Advisers Ltd: ECFI 21 Nov 2013

ECJ Community design – Invalidity proceedings – Registered Community design representing a corkscrew – Earlier national design – Ground for invalidity – Lack of individual character – Overall impression not different – Informed user – Degree of freedom of the designer – Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002
References: T-337/12, [2013] EUECJ T-337/12
Links: Bailii
Statutes: Regulation (EC) No 6/2002

Last Update: 23 September 2020; Ref: scu.518457

Astrazeneca Ab v Comptroller General Of Patents, Designs And Trade Marks: ECJ 14 Nov 2013

ECJ Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – Article 13(1) – Concept of ‘first authorisation to place [a product] on the market in the Community’ – Authorisation issued by the Swiss Institute for Medicinal Products (Swissmedic) – Automatic recognition in Liechtenstein – Authorisation issued by the European Medicines Agency – Period of validity of a certificate
References: C-617/12, [2013] EUECJ C-617/12, [2014] EUECJ C-617/12
Links: Bailii, Bailii
Statutes: Regulation (EC) No 469/2009 13(1)

Last Update: 23 September 2020; Ref: scu.518452

Banco De Valencia Sa v Maria Teodolinda Rivas Quichimbo: ECJ 14 Nov 2013

ECJ Directive 93/13/EEC – Article 99 of the Rules of Procedure of the Court of Justice – Consumer contracts – Mortgage loan agreement – Mortgage enforcement proceedings – Powers of the national court responsible for enforcement – Unfair terms – Criteria for assessment
References: C-537/12, [2013] EUECJ C-537/12
Links: Bailii
Statutes: Directive 93/13/EEC

Last Update: 23 September 2020; Ref: scu.518453

Stark v Post Office: CA 2 Mar 2000

A component in a postman’s bicycle gave way even though the machine had been sensibly maintained and checked. He sought damages for his injuries.
Held: The duty imposed by the regulations was absolute, and an employee postal worker who was injured when a brake on his bicycle broke, was entitled to damages.
There is no rule to prevent a member state imposing duties over and above those required under European law. The bicycle was not ‘in an efficient working order and in good repair’.
References: Times 29-Mar-2000, Gazette 06-Apr-2000, [2000] EWCA Civ 64, [2000] PIQR 105, [2000] ICR 1013
Links: Bailii
Judges: Waller LJ
Statutes: Provision and Use of Work Equipment Regulations 1992 (1992 No 2932), European Directive 89/655
Jurisdiction: England and Wales
This case cites:

  • Applied – Millar v Galashiels Gas Co Ltd; Galashiels Gas Company Ltd v O’Donnell HL 20-Jan-1949 ([1949] AC 275, [1949] SC (HL) 31, , [1949] UKHL 2, 47 LGR 213, 1949 SLT 223, 65 TLR 76, [1949] LJR 540, [1949] AC 275, [1949] 1 All ER 319)
    A hoist mechanism failed, the employee was injured, and he sought damages from his employer under the Act.
    Held: The section imposes an absolute obligation to maintain work equipment in an efficient state or in efficient working order. The . .

This case is cited by:

  • Cited – Hislop v Lynx Express Parcels IHCS 3-Apr-2003 (Times 17-Apr-03, , [2003] ScotCS 98)
    The claimant was injured when, after stopping the vehicle he was driving for his employers, he was scalded when the radiator cap flew off. He appealed against the dismissal of his claim on the basis that he had been unable to show any fault.
  • Cited – Lewis v Avidan Ltd (T/A High Meadow Nursing Home) CA 13-Apr-2005 (, [2005] EWCA Civ 670)
    A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable.
    Held: The nurse’s appeal failed. The mere fact of . .
  • Cited – Smith v Northamptonshire County Council HL 20-May-2009 (, [2009] UKHL 27, Times 21-May-09, [2009] 4 All ER 557, [2009] 1 WLR 2353, [2009] All ER (D) 170)
    The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury. She sought damages from her employer.
    Held: Her appeal failed (Lord Hope and Lady Hale dissenting). The . .
  • Cited – Munro v Aberdeen City Council SCS 17-Sep-2009 (, [2009] ScotCS CSOH – 129)
    The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.147097

Dominguez v Prefect of the Central Region (Social Policy) French Text: ECJ 8 Sep 2011

References: C-282/10, [2011] EUECJ C-282/10
Links: Bailii
Ratio: ECJ Article 31, paragraph 2, of the Charter – Fundamental social rights – General principles of law – horizontal effect of directives – Article 7 of Directive 2003/88/EC – Working conditions – Working time arrangements – The right to annual leave paid – Birth of entitlement regardless of the nature of the absence of the worker and his life – National legislation making the grant of leave to work a minimum number of ten days – Obligation for the national court to disapply the application of national provisions contrary to EU law
Statutes: Directive 2003/88/EC 7
This case is cited by:

(This list may be incomplete)

Last Update: 23 December 2019
Ref: 444099

Copygene A v S (Taxation): ECJ 10 Jun 2010

References: [2010] EUECJ C-262/08, C-262/08
Links: Bailii
Coram: J.N. Cunha Rodrigues, P
Ratio: ECJ Sixth VAT Directive – Exemptions – Article 13A(1)(b) – Hospital and medical care – Closely related activities – Duly recognised establishments of a nature similar to hospitals or centres for medical treatment or diagnosis – Private stem cell bank – Services of collection, transportation, analysis and storage of umbilical cord blood of newborn children – Possible autologous or allogeneic use of stem cells
This case cites:

  • Opinion – Copygene A v S (Taxation) ECJ (C-262/08, Bailii, [2009] EUECJ C-262/08 – O)
    ECJ Opinion – VAT Exemptions – Activities closely related to hospital and medical care undertaken by duly recognised establishments of a nature similar to hospitals or centres for medical treatment or diagnosis – . .

(This list may be incomplete)

Last Update: 24 January 2019
Ref: 514389

Italy v Parliament (Law Governing The Institutions): ECJ 30 Apr 2009

References: C-9/08, [2009] EUECJ C-9/08
Links: Bailii
Ratio: ECJ Action for annulment Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament – Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 Act.

Last Update: 28 March 2017
Ref: 342033

Commission v Italy (Rec 1980,P 1533) (Gr80-Ii 0137) (Judgment): ECJ 21 May 1980

References: C-73/79, [1980] EUECJ C-73/79, [1980] ECR 1533
Links: Bailii
Ratio: 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 by states. It follows that discriminatory tax practices are not exempted from the application of article 95 by reason of the fact that they may at the same time be described as a means of financing a state aid.2. If the commission charges a member state with practices which constitute an infringement of article 95 of the EEC treaty and if on that basis it has initiated the procedure under article 169 that procedure does not lose its purpose because the commission takes the view that the same practices form part of a system of aids incompatible with the common market and initiates the procedure provided for in article 93.3. Authorization under article 38 of regulation ( EEC ) no 3330/74 to grant the aids provided for therein cannot be taken to mean that any method of financing such aids, whatever its character or conditions, is compatible with community law. On the contrary, the financing of the aid granted, the national authorities remain in particular subject to the obligations arising under the EEC treaty.4. In an interpretation of the concept ‘internal taxation’ for the purposes of article 95 of the EEC treaty it may be necessary to take into account the purpose to which the revenue from the charge is put. In fact, if the revenue from such a charge is intended to finance activities for the special advantage of the taxed domestic products it may follow that the charge imposed on the basis of the same criteria on domestic and imported products nevertheless constitutes discriminatory taxation in so far as the fiscal burden on domestic products is neutralized by the advantages which the charge is used to finance whilst the charge on the imported products constitutes a net burden.It follows that internal taxation is of such a nature as indirectly to impose a heavier burden on products from other member states than on domestic products if it is used exclusively or principally to finance aids for the sole benefit of domestic products.5. The fact that the financial burdens arising from the imposition of a charge are passed on to the consumers does not alter the legal nature of the charge in question as regards article 95 of the EEC treaty.
This case is cited by:

(This list may be incomplete)

Last Update: 17 January 2017
Ref: 132864

Moat v Commission: ECFI 13 Jul 1993

References: T-20/92, [1993] EUECJ T-20/92
Links: Bailii
Ratio: ECJ 1. The implied rejection of an application for promotion made in completely general terms cannot be categorized as an act adversely affecting the person concerned in the absence of direct and immediate effects on his legal situation.
2. An official has no legitimate interest in contesting the appointment of another official to a post to which he could make no valid claim in accordance with the rules applicable in the institution concerned for filling posts of the type in question.
3. An official who failed to bring an action within the time-limit laid down by Articles 90 and 91 of the Staff Regulations for the annulment of an act allegedly adversely affecting him cannot repair that omission and procure himself further time for bringing proceedings by means of a claim for compensation for the injury caused by that act.
4. Under Articles 90 and 91 of the Staff Regulations, an action for damages in which compensation is sought for injury caused, not by a measure adversely affecting the applicant the annulment of which is sought, but by various wrongful acts and omissions allegedly committed by the administration, has to be preceded by a two-stage administrative procedure or it will be found inadmissible. It is imperative that that procedure should begin with the presentation of a request asking the appointing authority to make good the alleged injury and continue, if necessary, with the lodging of a complaint against the decision rejecting the request.

Last Update: 22-Jul-16
Ref: 172550