Jean-E Humblet v Belgian State: ECJ 16 Dec 1960

ECJ Judgment – Interpretation – provisions establishing guarantees for the protection of rights – interpretation in favour of the individual concerned.
Procedure – interpretation or application of the protocol on the privileges and immunities of the ECSC – jurisdiction of the court in relation to member states – limits. (ECSC Treaty, articles 31 and 43; protocol on the privileges and immunities of the ECSC, article 16)
Procedure – interpretation or application of the protocol on the privileges and immunities of the ECSC – infringement of that protocol by a member state – right of action of a community official who has been prejudiced – prior exhaustion of other community procedures (protocol on the privileges and immunities of the ecsc, article 16)
Procedure – interpretation or application of the protocol on the privileges and immunities of the ecsc – exclusive nature of the court’s jurisdiction – right of action – prior exhaustion of rights of recourse to national courts. (Protocol on the privileges and immunities of the ecsc, article 16)
Officials of the ECSC – privileges and immunities – exemption from taxation – individual right (protocol on the privileges and immunities of the ECSC, articles 11 and 13).
Officials of the ecsc – privileges and immunities – exemption from taxation – scope – determination of the rate applicable to other income – assessment on the joint income of an official of the ecsc and of his spouse (protocol on the privileges and immunities of the ecsc, article 11)
Obligations of the member states – measure by a member state contrary to the treaty – ruling by the court – consequences (ecsc treaty, article 86).

Citations:

C-6/60, [1960] EUECJ C-6/60

Links:

Bailii

European

Updated: 20 May 2022; Ref: scu.131627