swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Commercial - From: 1990 To: 1990
This page lists 2 cases, and was prepared on 20 May 2019.
Gestetner Holdings v Council and Commission; ECJ 14-Mar-1990 - C-156/87; [1990] EUECJ C-156/87
Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment) Case C-347/88; C-347/88; [1990] EUECJ C-347/88
13 Dec 1990
ECJ
European, Commercial
Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion - Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings - Statement of complaints and submissions - Mere reference to the letter giving formal notice and to the reasoned opinion - Not sufficient (EEC Treaty, Art. 169) 3. Action against a Member State for failure to fulfil its obligations -Examination by the Court to determine whether the action is well founded -Situation to be taken into consideration - Situation upon the expiry of the time-limit set by the reasoned opinion (EEC Treaty, Art. 169) 4. State monopolies of a commercial character - Rules requiring companies engaged in the distribution of petroleum products to obtain a proportion of their supplies from public-sector refineries - Not permissible -Discrimination against exporters established in other Member States -Infringement of Article 30 of the Treaty (EEC Treaty, Arts 30 and 37(1)) 5. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Rules enabling the public authorities to interfere with the procurement programmes of companies engaged in the distribution of petroleum products and establishing a system of marketing quotas (EEC Treaty, Art. 30)
EEC Treaty 30 37(1) 169
[ Bailii ]
