HJ Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry: ECJ 20 Sep 2001

Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – State aid – Article 4(b) and (c) of the Treaty – Decision No 3632/93/ECSC – Code on aid to the coal industry – Direct effect – Respective powers of the Commission and the national courts.
C-390/98, [2001] EUECJ C-390/98
CitedCoal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher ComC 20-Dec-1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal . .
First ReferenceH 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 . .

Cited by:
At ECJH J Banks and Co Ltd v Coal Authority and Another CA 13-Jun-2002
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Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2021; Ref: scu.166200