ECJ The aim of the pre-litigation procedure provided for in Article 169 of the Treaty is to give the Member State concerned an opportunity to justify its position or, as the case may be, to comply of its own accord with the requirements of the Treaty. If that attempt to reach a settlement proves unsuccessful, … Continue reading Commission v Netherlands (Judgment): ECJ 19 May 1998

ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by it, a Member State imposes a condition which is likely to be more easily fulfilled by the children of its own nationals than … Continue reading Commission v Belgium: ECJ 12 Sep 1996

ECJ (Judgment) 1 Development cooperation – Conclusion by the Community of international agreements – EC-India Cooperation Agreement – Provision concerning respect for human rights – Legal basis – Article 130y of the Treaty – Whether permissible (EC Treaty, Arts 130u(2), 130y and 235; EC-India Cooperation Agreement, Art. 1(1); Council Decision 94/578) 2 Development cooperation – … Continue reading Portugal v Council: ECJ 3 Dec 1996

ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another … Continue reading Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996

ECJ 1. Preliminary rulings – Jurisdiction of the Court – Limits – Jurisdiction of the national court – Determination and assessment of the facts of the dispute – Need for a preliminary ruling and relevance of the questions raised -Assessment by the national court(EEC Treaty, Art. 177)2. Common commercial policy – Protection against dumping – … Continue reading AC-ATEL Electronics v Hauptzollamt Munchen-Mitte: ECJ 2 Jun 1994

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 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

1. Procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force. 2. The statement of reasons required by Article 190 of the Treaty must disclose clearly and unequivocally the … Continue reading CT Control (Rotterdam) and JCT Benelux v Commission: ECJ 6 Jul 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

There is nothing in the Treaty to preclude a Member State which uses the Roman alphabet from transcribing a Greek name in Roman characters in its registers of civil status. Where it undertakes such transcription, it is for that State to adopt legislative or administrative measures laying down the detailed rules for such transcription, in … Continue reading Konstantinidis v Stadt Altensteig and Landratsamt Calw (Judgment): ECJ 30 Mar 1993

Europa Articles 52 and 57 of the Treaty must be interpreted as meaning that: – in the absence of a directive on the mutual recognition of diplomas, certificates or other evidence of formal qualifications relating to the profession of estate agent, the authorities of a Member State, in response to a request for permission to … Continue reading Criminal proceedings against Aguirre Borrell and others (Rec 1992,p I-3003) (Judgment): ECJ 7 May 1992

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 1. In the context of the common agricultural policy the Community has power under Article 40(3) of the Treaty to provide for penalties such as exclusions from the scheme of subsidies established by Article 6(6) of Regulation No 3007/84 and by Article 13(3)(c) of Regulation No 3813/89. In fact, exclusions which do not differ … Continue reading Germany v Commission: ECJ 27 Oct 1992

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 1. Article 5(4)(b) and (7) of Directive 79/373 on the marketing of compound feedingstuffs must be interpreted as meaning that it does not preclude a Member State from introducing into its legislation an obligation to indicate the ingredients used, in descending order of their proportion, in those feedingstuffs, even if no such obligation existed … Continue reading Denkavit Futtermittel v Land Baden-Wurttemberg: ECJ 20 Jun 1991

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

Europa Free movement of goods – Industrial and commercial property – Trade mark – Similar products protected in different Member States by identical marks or marks liable to be confused belonging to two entirely separate undertakings – Opposition of the proprietor of the mark in one Member State to the importation of products marketed by … Continue reading CNL-SUCAL v HAG (HAG 2): ECJ 17 Oct 1990

Europa Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement. The introduction by a Member State in the pharmaceutical products sector … Continue reading Commission v Belgium: ECJ 19 Mar 1991

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

1. Having regard to the rules laid down in Article 195 of the Treaty concerning the composition of the Economic and Social Committee, a trade union which, at national level, represents merely one of the constituent elements of one of the categories of economic and social activity referred to in Article 193 and not the … Continue reading Cida v Council: ECJ 30 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

ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves effectively before the Commission adopts a final decision, must be couched in terms that, albeit succinct, are sufficiently clear to enable … Continue reading A Ahlstrom Osakeyhtio and others v Commission: ECJ 31 Mar 1993

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

Europa A regulation introducing an anti-dumping duty constitutes a decision of direct and individual concern, within the meaning of the second paragraph of article 173 of the EEC Treaty, to an undertaking if it is established that the objections of that undertaking, being the only manufacturer of the product in question in one member state … Continue reading Timex v Council and Commission: ECJ 20 Mar 1985

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

ECJ 1. In the absence of notification in accordance with the requirements of regulation no 17 and regulation no 1133/68, an agreement may not have exemption under article 85(3) of the eec treaty, even if the text of the agreement was communicated to the commission subsequent to a request for information made by the latter. … Continue reading Distillers v Commission: ECJ 10 Jul 1980

ECJ 1. Since it is a provision relating specifically to state monopolies of a commercial character, article 37 of the EEC Treaty is irrelevant with regard to national provisions which do not concern the exercise by a public monopoly of its specific function – namely, its exclusive right – but apply in a general manner … Continue reading Rewe-Zentral Ag v Bundesmonopolverwaltung Fuer Branntwein: ECJ 20 Feb 1979

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. 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

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 1. Information – checking – checks carried out by private inspectors – selection of inspectors – method of selection – free discretion of high authority – judicial review limited to the results of the checking (ECSC treaty, article 47) 2. Common financial arrangements – statements of account – provisional nature (ECSC treaty, article 53) … Continue reading Macchiorlati Dalmas and Figli SAS v High Authority of the ECSC (Judgment): ECJ 15 Mar 1966

ECJ In the case of an action under the second paragraph of article 169 of the EEC Treaty, it is for the court to say whether the failure has occurred, without having to examine whether, subsequent to the bringing of the action, the state in question took the measures necessary to bring the infringement to … Continue reading Commission EEC v Italy: ECJ 19 Dec 1961

ECJ Application for annulment. Decisions of the high authority – statement of reasons – reference to opinions obtained. 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 that there has been a … Continue reading Industrie Siderurgiche Associate v High Authority Of The European Coal And Steel Community: ECJ 11 Feb 1955