ECFI In order to establish whether, in the course of assessing whether an export aid in the book sector may be regarded as compatible with the common market, competition is affected to an extent that is contrary to the common interest for the purposes of Article 92(3)(d)of the Treaty (now, after amendment, Article 87(3)(d)EC), it … Continue reading SIDE v Commission: ECFI 28 Feb 2002
ECJ Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter from the Commission informing the applicant of the continuation of a procedure for cancelling a contribution and recovering the amount already paid (EC Treaty, Art. 173; Council Regulation No 4028/86) Any measure which produces binding legal effects such … Continue reading Ca’Pasta v Commission: ECFI 16 Jul 1998
ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999
Article 86 of the EC Treaty (now Article 82 EC) – Dominant position and joint dominant position – Abuse – Fine. Citations: [1999] ECR II-2969, [1999] EUECJ T-228/97 Links: Bailii Jurisdiction: European Cited by: Cited – Attheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005 The claimants relayed horse racing events … Continue reading Irish Sugar v Commission T-228/97: ECFI 7 Oct 1999
ECJ 1. Since aid concerns an indeterminate group of persons, the sole purpose of the requirement that aid authorisation under Article 93(3)of the Treaty (now Article 88(3)EC)be notified is to oblige the Commission to ensure that all persons who may be concerned are alerted. Publication of an authorisation notice in the Official Journal is an … Continue reading Weyl Beef Products and others v Commission: ECFI 31 Jan 2001
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 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
ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002
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
ECJ Competition – Article 85(1) of the EC Treaty – Liability for the infringement- Fine – Statement of reasons – Mitigating circumstances. Citations: T-308/94, [1998] EUECJ T-308/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172923
ECJ Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons. Citations: T-295/94, [1998] EUECJ T-295/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172915
ECJ Competition – Article 85(1) of the EC Treaty – Proof of participation in collusion – Fine – Turnover – Determination of the amount – Mitigating circumstances. Citations: T-304/94, [1998] EUECJ T-304/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172921
ECJ 1. The fact that it is possible to determine the number or even the identity of the persons to whom a measure applies at any given time is not sufficient to call into question the legislative nature of the measure, as long as it is established that it applies to them by virtue of … Continue reading FRSEA and FNSEA v Council: ECFI 28 Oct 1993
ECJ ECSC Treaty – Competition – Agreements between undertakings – System for the exchange of information – Fine – Responsibility for the infringement. Citations: T-134/94, [1999] EUECJ T-134/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172825
ECJ ECSC Treaty – Competition – Decisions by associations of undertakings – System for the exchange of information. Citations: T-136/94, [1999] EUECJ T-136/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172828
ECFI 1. Any measure, regardless of the form in which it is cast, the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or a decision against which an action for annulment may be brought.That … Continue reading Pevasa and Inpesca v Commission: ECFI 28 Apr 1994
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
1. The fact that a letter has been sent by a Community institution to a person in response to a request by that person is not sufficient for it to be regarded as a decision within the meaning of Article 173 of the Treaty, thereby opening the way for an action for annulment. Only measures … Continue reading Zunis Holding and others v Commission: ECFI 28 Oct 1993
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
BNFL sought permission to operate a plant manufacturing MOX fuel from nuclear waste. The applicants sought judicial review of the respondent’s permission. The Act provided no way of challenging a plant before its construction. When permission was sought, it was on the basis that the construction costs, of andpound;300 million, having already been incurred no … Continue reading Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001
(Judgment) Failure of a Member State to fulfil its obligations – Infringement of Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – National legislation concerning rubber materials and rubber articles entering into contact with foodstuffs, food products and beverages – Mutual recognition – No proper letter of formal notice – Action … Continue reading Commission v France C-230/99: ECJ 15 Feb 2001
The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. Neste acquired the supplier and after the 10-year period had expired the operator stopped … Continue reading Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000
ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001
(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
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999
ECJ Articles 30 and 52 of the EC Treaty (after amendment, Articles 28 EC and 43 EC) – Industrial and commercial property – Trade name. Citations: C-255/97, [1999] EUECJ C-255/97 Links: Bailii European, Intellectual Property Updated: 04 June 2022; Ref: scu.162177
(Judgment) Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (EC Treaty, Art. 169) Citations: C-282/96, [1997] EUECJ C-282/96 Links: Bailii Jurisdiction: European Consumer, Environment Updated: 03 June 2022; Ref: scu.161933
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
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
ECJ Judgment – 1 Freedom to provide services – Television broadcasting – Directive 89/552 – Television broadcaster coming under the jurisdiction of a Member State – Determining criterion – Establishment – Effects of the origin of broadcast programmes on a Member State’s jurisdiction – None (Council Directive 89/552, Art. 2(1)) 2 Freedom to provide services … Continue reading Criminal proceedings against Denuit: ECJ 29 May 1997
ECJ Preliminary rulings – Reference to the Court – National court or tribunal within the meaning of Article 177 of the Treaty – Definition – Body competent to hear appeals concerning the award of public contracts. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Provision requiring Member … Continue reading Dorsch Consult Ingenieursgesellschaft v Bundesbaugesellschaft Berlin mbH: ECJ 17 Sep 1997
ECJ (Order) 1. Under Article 168a of the Treaty, an appeal is confined to points of law and this limitation is further embodied in the first paragraph of Article 51 of the Statute of the Court of Justice. Thus, an appeal may rely only on grounds relating to infringements of rules of law, to the … Continue reading Odigitria v Council and Commission: ECJ 28 Nov 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) Articles 59 and 60 of the Treaty preclude a Member State from requiring an undertaking in the construction industry established in another Member State and temporarily carrying out works in the first-mentioned Member State to pay employer’ s contributions in respect of loyalty stamps and bad-weather stamps with respect to workers assigned to carry … Continue reading Criminal proceedings against Guiot: ECJ 28 Mar 1996
ECJ (Order) 1. Neither the declaration of the European Council on the entry into force of the Treaty on European Union nor the Treaty on European Union is an act whose legality is subject to review under Article 173 of the Treaty. 2. Where all the other pleas in law relied upon in an appeal … Continue reading Roujansky v Council: ECJ 13 Jan 1995
Europa Articles 73b(1) and 73d(1)(b) of the Treaty, which prohibit restrictions on movements of capital between Member States and between Member States and non-member countries, on the one hand, and authorizing Member States to take all requisite measures to prevent infringements of national law and regulations, on the other, preclude national rules which make the … Continue reading Criminal proceedings against Sanz de Lera and others: ECJ 14 Dec 1995
Article 3 of the Protocol on the Privileges and Immunities of the Communities, which provides for the Communities to be exempt from all direct taxes and for the remission or refund by the Member States of indirect taxes or sales taxes included in the price of substantial purchases made by the Communities for their official … Continue reading AGF Belgium SA v European Economic Community, Institut National d’Assurance Maladie-Invalidite (INAMI) (Judgment): ECJ 28 Mar 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
The different pension ages for men and women, and to entitlement to associated invalidity benefits not discriminatory. Community law was not contravened by invalidity benefit being added to a pension. Citations: Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-92/94, [1995] EUECJ C-92/94 Links: Bailii Statutes: EC Treaty Article 177, Directive 79/7/EEC Article 7(1)(a) Benefits, Discrimination, European Updated: … Continue reading Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 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 the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995
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
ECJ Since the Treaty provisions on the freedom of movement for persons cannot be applied to activities which are confined in all respects within a single Member State, and Directive 82/489 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing does not aim to … Continue reading Criminal proceedings against Aubertin and others: ECJ 16 Feb 1995
ECJ 1. Under the procedure laid down in Article 177 of the Treaty, it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organization of the courts and their procedure. The Court must abide by … Continue reading SFEI and others v La Poste and others: ECJ 11 Jul 1996
Europa Bananas – Common organization of the markets – Import regime. In the procedure for the adoption of a regulation by the Council, the fact that the proposal from the Commission, amended in accordance with a political agreement accepted by the competent member on behalf of the Commission at a Council session and approved by … Continue reading Federal Republic of Germany v Council of the European Union: ECJ 5 Oct 1994
ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-289/93, [1994] EUECJ C-289/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161133
Europa Under the procedure for a preliminary ruling provided for in 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 … Continue reading BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 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
ECJ The suspension of customs duties pursuant to Regulation No 3563/84 applying generalized tariff preferences for 1985 to textile products originating in developing countries is dependent upon the Nimexe code corresponding to the imported product being referred to in one of the two annexes to the regulation. Men’ s linen windcheaters imported from China and … Continue reading Lloyd-Textil v Hauptzollamt Bremen-Freihafen: ECJ 22 Dec 1993
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 ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised … Continue reading H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994
Europa 1. An action for annulment is available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects. This applies to a Commission communication which sets out to specify the manner of application of Article 5(2) of Directive 80/723 on the transparency of … Continue reading French Republic v Commission of the European Communities (Rec 1993,p I-3283) (Judgment): ECJ 16 Jun 1993
ECJ 1. In order for an action to be admissible under the first paragraph of Article 173 of the Treaty, the contested act must be an act of an institution which produces legal effects. Since it is apparent from the actual wording of an agreement concluded by the Commission with a non-member country that that … Continue reading France v Commission: ECJ 9 Aug 1994
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
Europa Legislation of a Member State which makes the deductibility of pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of the applicable tax system. That need … Continue reading Commission v Belgium: ECJ 28 Jan 1992
Europa Legislation of a Member State which makes the deductibility of sickness and invalidity insurance contributions or pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of … Continue reading Bachmann v Belgian State: ECJ 28 Jan 1992
(Judgment) (Rec 1991,p I-5799) 1. Article 13(2)(a) of Regulation No 1408/71, which is designed to resolve conflicts of legislation which may arise where, over the same period, the place of residence and the place of employment are not situated in the same Member State, does not apply in the case of an employed person who, … Continue reading Commission v Netherlands C-198/90: ECJ 28 Nov 1991
ECJ 1. The first subparagraph of Article 5(2) of Council Regulation No 1697/79 provides that the competent authorities may refrain from taking action for the post-clearance recovery of import or export duties which have not been collected as a result of an error made by the competent authorities themselves which could not reasonably have been … Continue reading Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991
ECJ 1. In the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution’s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those factors include in particular the … Continue reading Commission v Council: ECJ 11 Jun 1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991
ECJ Tax provisions – Domestic taxation – System of taxation of beer – Levying of excise duty on the hot wort, regardless of wastage incurred in preparing the finished product – Flat-rate adjustment of excise duty on imports and refunds on exports – Compatibility with the first paragraph of Article 95 and Article 96 of … Continue reading Commission v Luxembourg: ECJ 26 Jun 1991
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
CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action in the event of non-compliance by Iraq with its terms. CND said that the purpose of its … Continue reading Campaign for Nuclear Disarmament (CND) v Prime Minister and others: Admn 17 Dec 2002
The claimants intended to seek a judicial review requesting an interpretation of a resolution of the United Nations Security Council. They sought first, an order pre-emptively to limit their liability for costs. Held: To make such a protective costs order, the court must be satisfied that the issues raised were truly of great public and … Continue reading The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom,The Secretary of State for Foreign and Commonwealth Affairs, The Secretary of State for Defence (2): Admn 5 Dec 2002
The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply. Held: A review was granted, but the court then declined to allow itself jurisdiction … Continue reading The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others: QBD 17 Dec 2002
‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976
The UK is free to maintain continued cross border passport checks under European law. Citations: Independent 10-Mar-1995 Statutes: European Community Treaty 1992 7(a) Jurisdiction: England and Wales Immigration Updated: 26 May 2022; Ref: scu.87745
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
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 … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990
Europa The need for a complete and consistent review of legality requires the first paragraph of Article 173 to be construed as not depriving the Court of jurisdiction to consider, in proceedings for the annulment of a measure based on a provision of the EEC Treaty, a submission concerning the infringement of a rule of … Continue reading Greece v Council: ECJ 29 Mar 1990
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 Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even … Continue reading Basset v Sacem (Rec 1987,P 1747) (Judgment): ECJ 9 Apr 1987
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
Europa 1. Non-contractual liability – importation at low prices of new potatoes from Greece – failure to act on the part of the commission (EEC treaty, art. 46 and art. 215, second para. Act of accession of the Hellenic Republic, arts 130 (2) and 131; council regulation no 17, art. 3, and council regulation no … Continue reading Gaarm – Groupement Des Associations Agricoles Pour L’organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Legumes De La Region Malouine And Others v Commission of The European Communities: ECJ 13 Dec 1984
Europa Aid granted by states – commission decision declaring aid incompatible with the common market – obligation of the member state concerned (EEC treaty, arts 92 and 93) Where a formal decision has been adopted by the commission declaring aid granted by a state to be incompatible with the common market, the member state concerned … Continue reading Commission v Italy (Rec 1984,P 2849) (Judgment): ECJ 11 Jul 1984
ECJ 1. In connection with state aid and for the purposes of the application of article 92 of the eec treaty. A pre-existing company and three companies newly constituted. Under the restructuring plan financed by the aid in question. To operate the first company’s plant. May be regarded as a single group. Where it is … Continue reading Intermills v Commission: ECJ 14 Nov 1984
The freedom to provide services includes the freedom, for the recipients of services, to go to another member state in order to receive a service there, without being obstructed by restrictions, even in relation to payments. Tourists, persons receiving medical treatment and persons travelling for the purposes of education or business are to be regarded … Continue reading Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro: ECJ 31 Jan 1984
The provisions of the Treaty relating to the free movement of goods and to agriculture and the rules on the common organization of the market in fruit and vegetables do not prevent a member state from adopting or maintaining measures (i) establishing a development council for fruit production, composed of members appointed by the minister … Continue reading Apple and Pear Development Council v K J Lewis Ltd and others: ECJ 13 Dec 1983
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
1. The consultation provided for by article 24 of the merger treaty, which in particular enables the parliament effectively to participate in the community’s legislative process, is an essential feature of the institutional balance which the treaties seek to achieve. Regular consultation with the parliament before the adoption of a regulation amending the staff regulations … Continue reading Adam v Commission: ECJ 4 Feb 1982
ECJ (Judgment) A measure carried out by means of discriminatory taxation, which may be considered at the same time as forming part of an aid within the meaning of article 92 of the EEC treaty, is governed both by the provisions of the first paragraph of article 95 and by those applicable to aids granted … Continue reading Commission v Italy C-73/79: ECJ 21 May 1980
ECJ 1. The prohibition of charges having an effect equivalent to customs duties covers any charge exacted at the time of or on account of importation which, being borne specifically by an imported product to the exclusion of the similar domestic product, has the result of altering the cost price of the imported product thereby … Continue reading Commission v France (Rec 1981,P 283) (Judgment): ECJ 3 Feb 1981
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
Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council) 1. The … Continue reading Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980
Europa The rule on equal treatment with nationals is one of the fundamental legal provisions of the community. As a reference to a set of legislative provisions effectively applied by the country of establishment to its own nationals, this rule is, by its essence, capable of being directly invoked by nationals of all the other … Continue reading Jean Reyners v Belgian State: ECJ 21 Jun 1974
Europa 1. The expression ‘subject to limitations justified on grounds of public policy’ in article 48 concerns not only the legislative provisions adopted by each member state to limit within its territory freedom of movement and residence for nationals of other member states but concerns also individual decisions taken in application of such legislative provisions. … Continue reading Rutili v Ministre De L’Interieur: ECJ 28 Oct 1975
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. 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
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
ECJ 1. Decision no 22/55, adopted within the context of a special system provided for in relation to Belgium for the duration of the transitional period by article 26 of the convention which applies in accordance with specific rules, however detailed and varied they may be, to all undertakings and transactions governed by that system, … Continue reading Societe Des Charbonnages De Beeringen v ECSC High Authority: ECJ 29 Nov 1956
ECJ Several related decisions may be contested in a single application. Nowhere does the Treaty prescribe that any infringement of the rules governing price publication amounts in itself to one of the practices prohibited under article 60 (1). The absence of any precise definition by the high authority of the meaning of exceptional transactions and … Continue reading Italy v ECSC High Authority: ECJ 21 Dec 1954
ECJ Application for annulment – general decision of the high authority – applicant undertakings and associations of undertakings – admissibility (Treaty, art. 33) For an application by an undertaking or by an association of undertakings against a general decision of the high authority to be admissible it is enough for the applicant formally to allege … Continue reading Associazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955
It was possible for the Royal Marine unit to exclude the employment of a woman as a chef. The requirement not to discriminate was overriding save where the nature of the work makes the sex of the worker a determining factor. The nature and rules of a marine unit, required interoperability, in that any member … Continue reading Sirdar v Army Board and Another: ECFI 27 Oct 1999
Provided there was sufficient correspondence between the offence alleged to have taken place in Ireland and a serious offence in England, it was proper to order his return to Ireland under an Irish warrant. There is no extradition treaty between the two countries, but the system was properly recorded in the 1965 Act. There was … Continue reading Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999
The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999
Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits. ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of … Continue reading Hermes International v FHT Marketing: ECJ 9 Sep 1998
