ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003
ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003
The claimant sought a declaration that the Treaty of Nice should not be ratified unless and until the consent of the people had been sought in a referendum. Silber J had refused permission to apply for judicial review. Held: The appeal was dismissed. The declarations sought were ‘unsuitable to be the subject of a court … Continue reading Regina on the Application of Southall and Another v Secretary of State for Foreign and Commonwealth Affairs: CA 14 Jul 2003
ECJ Failure of a Member State to fulfil its obligations – Directive 91/439/CEE. The directive required member states to introduce a system to recognise community driving licences. The Netherlands had instituted a system which made difficult the continued use of a community licence. Held: The system set down in Netherlands conflicted with the directive in … Continue reading Commission v Netherlands: ECJ 10 Jul 2003
An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses. Held: The court did not hold that since the fundamental right of assembly was in issue it followed … Continue reading Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003
ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003
Europa Reference for a preliminary ruling: House of Lords – United Kingdom. Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification … Continue reading Consorzio del Prosciutto di Parma and Salumificio S Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd: ECJ 20 May 2003
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012
1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002
ECJ Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Limited duration of the contested measure (EC Treaty, Art. 185; Rules of Procedure of the Court of First Instance, Art. 104(2))In the context of the examination of the urgency of … Continue reading Antillean Rice Mills v Council: ECFI 21 Mar 1997
ECJ 1 In so far as a Member State confirms the accuracy of the facts and accounts in final payment claims in respect of a grant of financial assistance from the European Social Fund (ESF), it is responsible to the Commission for the certifications which it submits. Furthermore, given that Member States are under an … Continue reading Partex v Commission T-182/96: ECFI 16 Sep 1999
ECJ Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation concerning the registration of geographical indications and designations of origin under the procedure provided for in Article 17 of Regulation No 2081/92 – Action brought by producers of `tourons’ – Inadmissible (EC Treaty, Arts 173, … Continue reading Biscuiterie confiserie LOR and Confiserie du Tech v Commission: ECFI 26 Mar 1999
ECJ 1 Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter forming part of the first stage of the procedure laid down in Article 5 of Commission Decision 94/810 – Preparatory act (EC Treaty, Art. 173; Commission Decision 94/810, Art. 5) 2 Procedure – Action contesting a preparatory … Continue reading Peugeot v Commission: ECFI 2 May 1997
ECJ 1 Non-contractual liability – Conditions – Lawful or unlawful act – Damage – Causal link – Burden of proof (EC Treaty, Art. 215) 2 Non-contractual liability – Conditions – Regulation imposing a trade embargo against a non-member country – Damage resulting from retaliatory measures taken by the government of that country – Causal link … Continue reading Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998
ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-133/95: ECFI 16 Sep 1998
ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-110/95: ECFI 16 Sep 1998
ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain and speculative risk – Exclusion – Balance of convenience – (EC Treaty, Art. 185; Rules of Procedure of the Court of First … Continue reading SNCF and British Railways v Commission: ECFI 12 May 1995
ECJ 1 Common commercial policy – Protection against dumping – Anti-dumping procedure – Right to a fair hearing of the undertaking alleged to have engaged in dumping – Institutions’ duty to provide information – Scope(Council Regulation No 2423/88, Art. 7(4))2 Actions for annulment – Pleas in law – Actions against a Council regulation imposing definitive … Continue reading Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997
1. The Community’s liability for losses resulting from the application of Regulation No 857/84, which fixes the reference quantity to be allocated under the scheme for additional levies on milk to each producer on the basis of production delivered during a reference year, cannot be incurred with respect to losses sustained after the date of … Continue reading Schulte v Council and Commission: ECFI 7 Feb 2002
1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Allocation of reference quantities exempt from levy – Producers who suspended deliveries pursuant to the non-marketing or conversion premium schemes and were therefore refused a reference quantity – Offer of flat-rate compensation under Regulation No 2187/93 … Continue reading Hartmann v Council and Commission: ECFI 16 Apr 1997
ECFI (Judgment) 1. When the Commission receives a complaint lodged under Article 3 of Regulation No 17, it is at liberty to determine the priority to be given to that complaint in the light of the Community interest and to decide to initiate and pursue the investigation of the case on the basis of the … Continue reading Ladbroke Racing v Commission: ECFI 18 Sep 1995
ECFI 1. The statement of reasons in decisions adopted by the Community institutions must be such as to enable the Community judicature to exercise its power of review of the legality of the decision and to enable the person concerned to ascertain the matters justifying the measure adopted, so that he can defend his rights … Continue reading Tierce Ladbroke v Commission: ECFI 18 Sep 1995
ECFI 1. The Community judicature manifestly has no jurisdiction to issue directions to the Community institutions, to the Member States or to natural or legal persons or to give a ruling, on the initiative of a natural or legal person, on the compatibility of a Member State’ s or a natural or legal person’ s … Continue reading Koelman v Commission: ECFI 9 Jan 1996
Operations as between parent and subsidiary company are not ‘in concert’ Citations: Times 31-Jan-1995, T-102/92, [1995] EUECJ T-102/92 Links: Bailii Statutes: EEC Treaty 85(1) European, Company Updated: 06 June 2022; Ref: scu.172618
ECJ Competition – Statement of objections – Access to the file – Admissibility. Actions for annulment of measures Actionable measures Definition Measures producing binding legal effects Administrative procedure implementing the competition rules. Refusal to notify the full statement of objections to an undertaking concerned and to give it access to the entire file. Preparatory measure … Continue reading Cimenteries CBR SA, Blue Circle Industries plc, Syndicat Nationale des Fabricants de Ciments et de Chaux and Federation de l’Industrie Cimentiere asbl v Commission of the European Communities: ECFI 18 Dec 1992
Europa Social security for migrant workers – Article 48 and Article 51 of the EC Treaty (now, after amendment, Article 39 and Article 42 EC) – Article 9a and 94 of Regulation (EEC) No 1408/71 – Accident at work occurring in another Member State before the entry into force of the regulation in the worker’s … Continue reading Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
(Judgment) Failure to fulfill obligations – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 to 143 EC) – Directives 75/117 / EEC and 79/7 / EEC – Equal pay for men and women – family and marriage allowances – old-age pensions – Calculation … Continue reading Commission v Greece: ECJ 28 Oct 1999
ECJ (Judgment) 1 Member States – Obligations – Failure to fulfil obligations – Retention of a national provision incompatible with Community law – Justification on the basis of administrative practices ensuring that the Treaty is applied – Not permissible 2 Acts of the institutions – Directives – Implementation by the Member States – Directive intended … Continue reading Commission v France: ECJ 13 Mar 1997
Opinion – ‘the Court has once again been asked to assess the compatibility with the Treaty rules on the free movement of goods and services and on competition of the Italian legislation governing ports. The reference concerns companies having exclusive rights at two of Italy’s leading Mediterranean ports, where shipping companies are obliged to avail … Continue reading Corsica Ferries France v Gruppo Antichi Ormeggiatori del porto di Genova and others: ECJ 22 Jan 1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based outside EU. United Kingdom legislation restricting fiscal reliefs or advantages to cases where the relevant … Continue reading Imperial Chemical Industries v Colmer: ECJ 16 Jul 1998
(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998
An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998
ECJ Directive 75/442 on waste, as amended by Directive 91/156, and Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community cannot be interpreted as meaning that the principles of self-sufficiency and proximity are applicable to shipments of waste for recovery. That follows from the … Continue reading Chemische Afvalstoffen Dusseldorp and others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998
(Judgment) 1 Appeals – Pleas in law – Only pleas in law supported by legal argument admissible (EC Treaty, Art. 168a; EC Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) 2 Appeals – Pleas in law – Inadequate reasoning – Principle of sound management – … Continue reading de Rijk v Commission: ECJ 29 May 1997
ECJ Order – 1. It is open to the Court hearing an application for interim relief to order the suspension of the operation of an act, or other interim measures, if it is established that such an order is justified, prima facie, in fact and in law and that it is urgent in so far … Continue reading United Kingdom v Commission: ECJ 5 May 1998
(Judgment) Failure of a Member State to fulfil its obligations – Freedom of movement for workers – Article 48 of the EC Treaty – Article 7 of Regulation (EEC) No 1612/68 – Person working in the public service of a Member State – Mutual recognition of periods of employment in the public service of another … Continue reading Commission v Greece: ECJ 12 Mar 1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998
It follows from Articles 205 and 209 of the Treaty and the second subparagraph of Article 22(1) of the Financial Regulation, read together with paragraph 3(c) of Section IV of the Joint Declaration of 30 June 1982 by the European Parliament, the Council and the Commission, that implementation of Community expenditure relating to any significant … Continue reading United Kingdom v Commission (Judgment): ECJ 12 May 1998
ECJ Article 177 of the EC Treaty – Jurisdiction – Court of one of the Member States – Extraordinary petition to the President of the Italian Republic – Compulsory opinion of the Consiglio di Stato – Directives 86/457/EEC and 93/16/EEC – Specific training in general medical practice – Rights acquired before 1 January 1995 Citations: … Continue reading Garofalo and others v Ministero della Sanita and USL no 58 di Palermo: ECJ 16 Oct 1997
ECJ (Order) A natural or legal person who has not sought or been granted leave to intervene before the national court is not entitled to apply for leave to intervene in preliminary ruling proceedings before the Court of Justice in order to submit observations on the question raised by the national court. Article 37 of … Continue reading Biogen v Smithkline Beecham Biologicals: ECJ 26 Feb 1996
ECJ Judgment – Free movement of goods – Articles 30 and 36 of the EC Treaty – Reimbursement of medical expenses incurred in another Member State – Prior authorisation of the competent institution – Purchase of spectacles Citations: C-120/95, [1998] EUECJ C-120/95, [1998] ECR I-1831, ECLI:EU:C:1998:167 Links: Bailii European Updated: 03 June 2022; Ref: scu.161566
(Judgment) 1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the latter to define the factual and legislative context of the questions submitted or, at the very least, explain the factual circumstances on which those questions are based. The information provided … Continue reading Criminal proceedings against Gallotti and others: ECJ 12 Sep 1996
ECJ 1. Since, under the common organization of the markets in sheepmeat and goatmeat, the purpose of charging clawback is to avoid disruption of intra-Community trade arising from the application of the variable slaughter premium, it must be charged in such a way that it neutralizes the effect of the premium on departure from the … Continue reading FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996
ECJ 1. Although a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against him, the national court which applies national law and is required to interpret it must as far as possible do so, whether the provisions in question were adopted before or after the … Continue reading MPA Pharma v Rhone-Poulenc Pharma GmbH: ECJ 11 Jul 1996
1. Under the procedure provided for by Article 177 of the Treaty, it is for the national court to assess the scope of national provisions and the manner in which they are to be applied. Since the national court is best placed to assess, in view of the particularities of the case, the need for … Continue reading CIA Security International v Signalson and Securitel: ECJ 30 Apr 1996
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996
ECJ (Judgment) 1. Pursuant to the division of judicial functions between national courts and the Court of Justice provided for by Article 177 of the Treaty, the Court gives preliminary rulings where the questions referred concern the interpretation of a provision of Community law without, in principle, having to look into the circumstances in which … Continue reading Associazione Italiana per il WWF and others C-118/94: ECJ 7 Mar 1996
ECJ 1. Although a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against him, the national court which applies national law and is required to interpret it must as far as possible do so, whether the provisions in question were adopted before or after the … Continue reading Eurim-Pharm Arzneimittel v Beiersdorf and others: ECJ 11 Jul 1996
A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure. LMA Measures appear initially to have derived from policies of job creation and increased employment. John Major’s government saw the initiatives (together with other provisions as part of Social Chapter) as measures which … Continue reading United Kingdom v Council of the European Union: ECJ 12 Nov 1996
ECJ 1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Temporary suspension of a percentage of the reference quantities exempt from the levy – Conversion into definitive reduction without compensation – Principle of protection of legitimate expectations – Right to property – Principle of proportionality … Continue reading Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997
Europa In exercising its powers under Articles 155 and 169 of the Treaty, the Commission, when bringing an action for failure to comply with obligations under the Treaty, does not have to show that there is a specific interest in bringing the action. Article 169 is not intended to protect the Commission’ s own rights. … Continue reading Commission v Germany: ECJ 11 Aug 1995
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994
Europa Failure to fulfil obligations – Directives concerning breeding animals of the porcine species, sheep and goats – Failure to transpose. Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting proper fulfilment of the obligations incumbent on the … Continue reading Commission of the European Communities v Ireland (Rec 1993,p I-7055) (Judgment): ECJ 22 Dec 1993
ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action. That being so, the fact that no action was taken … Continue reading Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994
(Rec 1993,p I-2239) (SV93-181) (Judgment) 1. Freedom to provide services – Provisions of the Treaty – Field of application – Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States – Inclusion (EEC Treaty, Art. 59 et seq.) 2. Freedom to provide services – Restrictions – … Continue reading Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993
ECJ Article 76 of the Treaty, which is intended by means of a standstill clause to prevent the introduction by the Council of a common transport policy from being rendered more difficult, or from being obstructed, by the adoption, without the Council’ s agreement, of national measures the direct or indirect effect of which is … Continue reading Oorburg and van Messem v Wasser- und Schiffahrtsdirektion: ECJ 31 Mar 1993
1. Privileges and immunities of the European Communities – Attachment order issued against an institution – Need for lifting of immunity by the Court or waiver by the institution concerned (Protocol on the Privileges and Immunities of the European Communities, Art. 1) 2. Non-contractual liability – Conditions – Non-compliance with an attachment order under national … Continue reading Forafrique Burkinabe v Commission: ECJ 29 Apr 1993
ECJ (Judgment) 1. Pursuant to Regulation No 3972/86 on food-aid policy and food-aid management, such aid is supplied on the basis of contractual undertakings between the Commission and the successful tenderers. The relationship between successful tenderers and the Commission cannot be held to be governed entirely by regulatory provisions, particularly in view of the fact … Continue reading Cebag v Commission: ECJ 11 Feb 1993
Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision reducing the assistance granted by the European Social Fund to a vocational training programme (EEC Treaty, Art. 190) Whilst in the context of the original application for assistance from the European Social Fund, a summary statement of the reasons for … Continue reading Cipeke v Commission: ECJ 4 Jun 1992
Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990
A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, constitutes a charge having an effect equivalent to customs … Continue reading Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992
ECJ Article 14 of Directive 79/112 on labelling and presentation of foodstuffs, which requires Member States to prohibit the sale of such products within their territories if certain particulars ‘do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed’, requires only the … Continue reading Piageme v Peeters: ECJ 18 Jun 1991
Judgment – A Member State is in breach of its obligations under Article 95 of the EEC Treaty if, in connection with value added tax, it applies to spirits a system of differentiated rates arranged so that all products produced domestically fall within the most favourable tax category, whereas imported products, in respect of which … Continue reading Commission v Greece: ECJ 18 Apr 1991
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the construction and public works sector in another Member State may move with its labour force which it brings from … Continue reading Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990
Europa 1. It follows from the very wording of Article 235 of the Treaty that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question. 2. Article 128 of the Treaty must be … Continue reading United Kingdom of Great Britain and Northern Ireland, French Republic and the Federal Republic of Germany v Council of the European Communities (Judgment): ECJ 11 Jun 1991
Europa 1. Agriculture – Common organization of the markets – Milk and milk products – Butter in public storage – Purchase of butter intended for storage – Storage test period – Testing of the keeping quality of the butter – Testing to be carried out at the end of the test period (Regulation No 685/69 … Continue reading Kingdom of the Netherlands v Commission of the European Communities (Rec 1990,p I-4799) (Judgment): ECJ 13 Dec 1990
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS. Held: The appeals failed. The Bahamas was a member of the Organisation of American States, but the rules of that organisation had not been incorporated into its law. The planned execution … Continue reading Higgs and Mitchell v The Minister of National Security and others: PC 14 Dec 1999
A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that member state for the individuals adversely affected. Judges: Lord Slynn of Hadley, Lord Nicholls of Birkenhead, … Continue reading Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999
Municipal courts have not and cannot have the competence to adjudicate upon or to enforce the rights arising out of transactions entered into by independent sovereign states between themselves on the plane of international law.(Cape of Good Hope) Judges: Lord Halsbury LC Citations: [1899] AC 572, [1899] UKPC 61 Links: Bailii Jurisdiction: England and Wales … Continue reading Thomas Cook and James Charles Cook v Sir James Gordon Sprigg: PC 1 Aug 1899
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. Held: The court had jurisdiction. An Order in Council banishing British citizens from their home island was unlawful. … Continue reading Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000
An ‘offence under the Act’ does not include a conspiracy to commit that offence for purposes of extradition proceedings. The court rejected an argument that the effect of the Act of 1989 was to free the Treaty from the constraints imposed by the schedule to the Act of 1870. Citations: Times 04-Jul-1997, [1997] EWHC Admin … Continue reading Regina v Secretary of State for Home Department ex parte Gilmore and Ogun: Admn 6 Jun 1997
The section imposed the conduct test as set out in Nielsen, not the narrower approach adopted in Aronson. Citations: [1997] EWHC Admin 208, [1999] QB 886 Links: Bailii Statutes: Extradition Act 1989 11 Citing: Cited – Government of Canada v Aronson; Director of Public Prosecutions v Aronson HL 20-Jul-1989 The Canadian Government asked for the … Continue reading Regina v Secretary of State for Home Department ex Parte: Admn 3 Mar 1997
ECJ 1. The systematic dispatching by a supplier to his customers of invoices bearing the words ‘Export prohibited’ constitutes an agreement prohibited by Article 85(1 ) of the Treaty, and not unilateral conduct, when it forms part of a set of continuous business relations governed by a general agreement drawn up in advance, based on … Continue reading Sandoz Prodotti Farmaceutici v Commission: ECJ 11 Jan 1990
1. Although the powers conferred on the Commission by Article 90(3) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that does not prevent the ‘directives’ and ‘decisions’ referred to in that provision from falling within the general category of directives … Continue reading Commission v Greece: ECJ 30 Jun 1988
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
Europa An action by the Commission pursuant to Article 169 of the Treaty against a Member State for failure to fulfil its obligations, the bringing of which is a matter for the Commission in its entire discretion, is objective in nature. In the context of the balance of powers between the institutions laid down in … Continue reading Commission v United Kingdom: ECJ 21 Jun 1988
ECJ 1. The purpose of the pre-litigation procedure provided for by article 169 of the Treaty, which forms part of the general supervisory tasks entrusted to the commission by the first indent of article 155, is to give the member state concerned an opportunity either to justify its position or, if it so wishes, to … Continue reading Commission v Belgium: ECJ 18 Mar 1986
1. Article 215 of the Treaty does not prevent the court from being asked to declare the community liable for imminent damage foreseeable with sufficient certainty even if the damage cannot yet be precisely assessed.2. The lawfulness of Regulations nos 855/84 and 2677/84 cannot be called in question with regard to article 39 (1) of … Continue reading Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
1. Article 152 of the EAEC Treaty, which gives the court of justice jurisdiction ‘in any dispute between the community and its servants within the limits and under the conditions laid down in the staff regulations or the conditions of employment’, must be interpreted as meaning that it applies not only to persons who have … Continue reading Ainsworth v Commission and Council: ECJ 15 Jan 1987
The general scheme and content of Directive 75/117, whose essential purpose is to implement the principle of equal pay for men and women, indicate that it is the responsibility of the member states to guarantee the right to receive equal pay for work of equal value even in the absence of a system of job … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 6 Jul 1982
Europa In connection with the task entrusted to it by article 177 of the EEC treaty the court has no jurisdiction to review the application of the provisions of community law to a given case or to criticize the way in which a national court applies community law. However, the need to arrive at a … Continue reading Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980
The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be identified solely with the aid of the criteria of equal work and equal … Continue reading Macarthys Ltd v Smith: ECJ 27 Mar 1980
Europa It is essential that each member state should implement directives in a way which fully meets the requirements of clarity and certainty in legal situations which directives seek for the benefit of traders established in other member states. Mere administrative practices, which by their nature can be changed as and when the authorities please … Continue reading Commission of the European Communities v Kingdom of Belgium: ECJ 6 May 1980
LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host state) to take up work without being discriminated against as regards employment, remuneration and other … Continue reading Van Duyn v Home Office: ECJ 4 Dec 1974
ECJ 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – reference to the court by a national court or tribunal – applicability of the provision referred for interpretation – express statement not obligatory (EEC treaty, article 177) 3. Quantitative restrictions – abolition … Continue reading SpA Salgoil v Italian Ministry of Foreign Trade: ECJ 19 Dec 1968
Europa It would be incompatible with the binding effect attributed to decisions by article 189 to exclude in principle the possibility that persons affected may invoke the obligation imposed by a decision. Particularly in cases where, for example, the community authorities have by means of a decision imposed an obligation in a member state or … Continue reading Franz Grad v Finanzamt Traunstein. (Measures Adopted By An Institution ): ECJ 6 Oct 1970
Europa 1. Procedure – proceedings in matters arising from non-contractual liability for reparation for the same damage brought both against the EEC and a member state – necessity for a decision of the national court before a decision by the court of justice 2. Non-contractual liability – damage resulting from an act illegal under community … Continue reading Firma Kurt A Becher v Commission of the European Communities (Judgment): ECJ 30 Nov 1967
ECJ Free movement of persons – migrant workers – insurance – benefits – aggregation and proportional calculation – calculation of a benefit payable under the legislation of a single member state by means of aggregation and proportional calculation – not permissible (EEC treaty, article 51; regulation no 3, articles 27 and 28). Free movement of … Continue reading Ciechelski v Caisse Regionale de securite sociale du Centre d’Orleans etc: ECJ 5 Jul 1967
ECJ 1. Measures adopted by an institution – decisions of the high authority – statement of reasons – preparatory inquiries – irrelevant objections – uncertainties due to applicant’s own conduct (ECSC treaty, article 15) 2. Assessment to contribution – estimated assessment – powers of the high authority (decision no 13/58 of the high authority of … Continue reading Fonderie Acciaierie Mandelli v ECSC High Authority Fonderie Acciaierie Giovanni Mandelli v Commission of the European Communities: ECJ 8 Feb 1968
ECJ 1. Free movement of persons – workers – social security – periods assimilated to insurance periods – reference to national law (regulation no 3, article 1(r)) 2. Free movement of persons – workers – old-age and death (pensions) insurance – application of German legislation – taking into account of ‘ substitute periods ‘ within … Continue reading Landesversicherungsanstalt Rheinland-Pfalz v Joseph Welchner: ECJ 5 Dec 1967
ECJ 1. Policy of the EEC- competition – agreements between undertakings – prohibition in article 85(1) – consideration of the economic and legal context 2. Policy of the EEC – competition – agreements which may effect trade between member states – concept (EEC treaty, article 85) 3. Policy of the EEC – competition – brewery … Continue reading S A Brasserie de Haecht v Consorts Wilkin-Janssen: ECJ 12 Dec 1967
ECJ The restrictive nature of article 85(1) is incompatible with any extension of the prohibition for which it provides beyond the three categories of agreement exclusively enumerated therein. The existence of the rights granted by a member state to the holder of a patent is not affected by the prohibitions contained in articles 85(1) and … Continue reading Parke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm: ECJ 29 Feb 1968
Europa 1. ECSC treaty – economic and social provisions – prices – discriminatory practices – comparable transactions – concept (ECSC treaty, article 60(1)) 2. ECSC treaty – economic and social provisions – prices – discriminatory practices – identical final price applied to comparable transactions – possibility of discrimination not excluded by this fact alone (ECSC … Continue reading De Wendel and Cie SA v Commission of the European Communities (Judgment): ECJ 11 Jun 1968
Europa Measures adopted by an institution – proceedings instituted by individuals – regulation – possibility of measures of individual concern contained in a regulation (EEC treaty, article 173, second paragraph, article 189, second paragraph) 2. Measures adopted by an institution – proceedings instituted by individuals – provisions of regional significance, not of individual concern to … Continue reading Industria Molitoria Imolese and others v Council of the European Communities (Judgment): ECJ 13 Mar 1968
Europa Measures adopted by an institution – regulation – concept (EEC treaty, article 189). A measure which is applicable to objectively determined situations and which involves legal consequences for categories of persons viewed in a general and abstract manner constitutes a regulation. Cf. Paragraph 3, summary, joined cases 16 and 17/62, (1962) ECR 471. A … Continue reading Zuckerfabrik Watenstedt GmbH v Council of the European Communities (Judgment): ECJ 11 Jul 1968
ECJ 1. Obligations of member states – failure to fulfil – action by the commission before the court of justice – bringing the action – timing – discretion of the commission (EEC treaty, article 169) 2. Free movement of goods – goods – concept – article possessing artistic or historic value (EEC treaty, article 9) … Continue reading Commission of the European Communities v Italian Republic: ECJ 10 Dec 1968
Europa 1. Transport – special internal rates and conditions – purpose of such special rates and conditions – authorization justified (ECSC treaty, article 70) 2. Transport – special internal rates and conditions – unforeseeable circumstances justifying authorization of special rates and conditions – modifications in the infrastructure of transport 3. ECSC treaty – general objectives … Continue reading Kingdom of the Netherlands v Commission of the European Communities: ECJ 8 Feb 1968
