Category: European

Hurd v Jones (Judgment): ECJ 15 Jan 1986

‘ . . . [A] provision produces direct effect in relations between the Member States and their subjects only if it is clear and unconditional and not contingent on any discretionary implementing measure.’ and ‘According to a consistent line of decisions of the court, a provision produces direct effect in relations between member states and their subjects only if it is clear and unconditional and not contingent on any discretionary implementing measure.’

Citations:

C-44/84, [1986] ECR 29

Cited by:

Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 11 April 2022; Ref: scu.133825

Commission Of The European Communities v United Kingdom Of Great Britain and Northern Ireland (Judgment): ECJ 2 Dec 1986

Europa Agriculture – common organization of the market – milk and milk products – special rights of the milk marketing boards – price differentiation for whole milk according to its intended use – permissible – reference to the intended use of a processed product – not permissible (council regulation no 1422/78, art. 9 (1); commission regulation no 1565/79, art. 6 (2))

Citations:

Case 23/84

European, Agriculture

Updated: 11 April 2022; Ref: scu.133808

Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville: ECJ 29 Jan 1985

Europa ‘I would add that the acceptance of civil disturbances as justification for encroachments upon the free movement of goods would, as is apparent from experiences of the last year (and before, during the Franco-Italian ‘wine war’) have unacceptably drastic consequences. If road-blocks and other effective weapons of interest groups which feel threatened by the importation and sale at competitive prices of certain cheap products or services, or by immigrant workers or foreign businesses, were accepted as justification, the existence of the four fundamental freedoms of the Treaty could no longer be relied upon. Private interest groups would then, in place of the Treaty and Community (and, within the limits laid down in the Treaty, national) institutions, determine the scope of those freedoms. In such cases, the concept of public policy requires, rather, effective action on the part of the authorities to deal with such disturbances.’

Citations:

C-231/83, [1985] ECR 305

Cited by:

Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 11 April 2022; Ref: scu.133730

Ordre des avocats au Barreau de Paris v Onno Klopp: ECJ 12 Jul 1984

Europa In laying down that freedom of establishment shall be attained at the end of the transitional period, article 52 imposes an obligation to attain a precise result the fulfilment of which must be made easier by, but not made dependent on, the implementation of a programme of progressive measures. Consequently the fact that the council has failed to issue the directives provided for by articles 54 and 57 cannot serve to justify failure to meet the obligation.
The rule in article 52 of the treaty, according to which the progressive abolition of the restrictions on freedom of establishment applies to restrictions on the setting up of agencies, branches or subsidiaries by nationals of any member state established in the territory of another member state must be regarded as a specific statement of a general principle, applicable equally to the liberal professions, according to which the right of establishment includes freedom to set up and maintain, subject to observance of the professional rules of conduct, more than one place of work within the community.
Even in the absence of any directive coordinating national provisions governing access to and the exercise of the legal profession, article 52 et seq. Of the eec treaty prevent the competent authorities of a member state from denying, on the basis of the national legislation and the rules of professional conduct which are in force in that state, to a national of another member state the right to enter and to exercise the legal profession solely on the ground that he maintains chambers simultaneously in another member state.

Citations:

C-107/83

Cited by:

Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Lists of cited by and citing cases may be incomplete.

European, Legal Professions

Updated: 11 April 2022; Ref: scu.133652