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 1. In the framework of the procedure for cooperation between the Court of Justice and the courts of the Member States provided for by Article 177 of the Treaty, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, having regard to the … Continue reading Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992

Europa The provisions of Community law concerning freedom of establishment preclude a Member State from withholding that freedom from a national of another Member State who at the same time possesses the nationality of a non-member country, on the ground that the legislation of the host State deems him to be a national of the … Continue reading Micheletti and others v Delegacion del Gobierno en Cantabria (Rec 1992,p I-4239) (Judgment): ECJ 7 Jul 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 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

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

Europa A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into … Continue reading The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991

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 1. An action for annulment brought by the Parliament against an act of the Council or Commission is admissible provided that the action seeks only to safeguard the Parliament’ s prerogatives and is founded only on submissions alleging their infringement, since those prerogatives include, in particular, participation in the drafting of legislative measures. 2. … Continue reading Parliament v Council (Rec 1992,p I-4593) (Judgment): ECJ 16 Jul 1992

Europa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5159) (Judgment): ECJ 13 Oct 1992

Europa 1. The requirement of relative stability of the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5175) (Judgment): ECJ 13 Oct 1992

Eiropa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5191) (Judgment): ECJ 13 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

The application of differential rates of insurance premium tax, in order to prevent price shifting between products sold together, was against European law and void. Citations: Times 08-Apr-1998, [1998] EWHC Admin 391 Links: Bailii Statutes: EC Treaty Art 92(1), Finance Act 1997 Jurisdiction: England and Wales European Updated: 27 May 2022; Ref: scu.138512

‘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

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

Europa 1 By an application lodged at the Court Registry on 16 March 1990, Mr Y . Blot, a Member of the European Parliament belonging to the Group of the European Right, and the Front national, a non-profit-making association governed by the French Law of 18 July 1901, represented by its chairman Mr Le Pen, … Continue reading Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990

ECJ For the purposes of the prohibition of measures having an effect equivalent to a quantitative restriction it is sufficient that such measures are likely to hinder, directly or indirectly, actually or potentially, imports between member states. A fixed minimum price which, although applicable without distinction to domestic products and imported products, is capable of … Continue reading Ministere public du Kingdom of the Netherlands v Jacobus Philippus van Tiggele: ECJ 24 Jan 1978

Europa 1. Member states of the European communities – exclusive powers – exercise derogating from the provisions of the treaties – conditions imposed by the treaties 2. Member states of the EEC – failure to fulfil an obligation arising from the treaty – finding by the commission – allegation that the commission has intervened in … Continue reading Commission of the European Communities v French Republic (Judgment): ECJ 10 Dec 1969

(Judgment) 1. State aid – Definition – Preferential natural gas tariff favouring a particular category of undertakings justified on commercial grounds – Not included (EC Treaty, Art. 92(1)) 2. State aid – Commission decision finding a national measure to be compatible with Article 92(1) of the Treaty – Complex economic appraisal – Review by the … Continue reading Belgium v Commission C-56/93: ECJ 29 Feb 1996

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Excess of authority … Continue reading Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

ECJ (Judgment) In an action for annulment the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission. The … Continue reading Commission v France: ECJ 14 Oct 2004

ECJ State aid Aid scheme to support local radio stations – Financed by a parafiscal charge on advertising companies – Favourable decision by the Commission at the conclusion of the preliminary stage of the review procedure under Article 93(3) of the EC Treaty (now Article 88(3) EC) Aid that may be compatible with the common … Continue reading Regie Networks v Direction de Controle Fiscal Rhone-Alpes Bourgogne: ECJ 22 Dec 2008

ECJ 1. The aim of article 92 is to prevent trade between member states from being affected by benefits granted by the public authorities which, in various forms, distort or threaten to distort competition by favouring certain undertakings or the production of certain goods. That article does not therefore distinguish between the measures of state … Continue reading Deufil v Commission: ECJ 24 Feb 1987