Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-80/03, [2007] EUECJ T-80/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261347
ECJ Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-97/03, [2007] EUECJ T-97/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261348
ECJ (Freedom Of Establishment) Failure of a Member State to fulfil obligations Freedom of movement for persons Freedom of movement for workers Freedom to provide services Freedom of establishment Free movement of capital Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area Directive 2002/83/EC Tax legislation providing for less favourable … Continue reading Commission v Belgium C-522/04: ECJ 5 Jul 2007
The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18. Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art … Continue reading Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019
ECJ Capital movements – Article 73B(1) of the EC Treaty (now Article 56(1) EC) – Inheritance tax – Legal fiction that a national of a Member State who dies within ten years of ceasing to reside in that Member State is deemed to have been resident there at the time of his death – Non-member … Continue reading Van Hilten-Van Der Heijden v Inspecteur van de Belastingdienst/Particulieren/Ondernemingen buitenland te Heerlen: ECJ 23 Feb 2006
Europa Freedom of establishment – Article 52 of the EC Treaty (now, after amendment, Article 43 EC) – Non-resident taxpayer carrying out a self-employed activity – Setting of minimum tax bases applicable only to non-resident taxpayers – Justified by requirements of general interest – Effectiveness of fiscal supervision – Not justified. Citations: C-383/05, [2007] EUECJ … Continue reading Raffaele Talotta v Etat belge: ECJ 22 Mar 2007
The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The magistrates, and divisional court rejected the argument saying his claim was an abuse of … Continue reading Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991
ECJ Agreements, decisions and concerted practices – Producers of reinforcing bars – Decision establishing an infringement of Article 65 CS – Decision based on the ECSC Treaty after expiry of that treaty – Lack of competence of the Commission Judges: M. Vilaras, P Citations: [2007] EUECJ T-46/03, T-46/03 Links: Bailii Jurisdiction: European Citing: Order – … Continue reading Leali v Commission: ECFI 25 Oct 2007
Europa Social policy – Male and female workers – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Directive 75/117/EEC – Equal pay – Directive 76/207/EEC – Equal treatment – Temporary part-time posts – Exclusion from appointment as an … Continue reading Nikoloudi v Organismos Tilepikinonion Ellados AE, (Social Policy): ECJ 10 Mar 2005
Appeals – Competition – Agreements, decisions and concerted practices – Community market in steel beams – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Powers of the Commission – Attributability of the unlawful conduct – Res judicata – Rights … Continue reading Arcelormittal Luxembourg v Commission: ECJ 29 Mar 2011
Appeals – Competition – Agreements on the market for beams – Annulment of a Commission decision – Adoption of a new decision after the expiry of the ECSC Treaty – Jurisdiction of the Commission – Choice of legal basis – Application of the Article 65 CA after the expiry date of the ECSC Treaty on … Continue reading Arcelormittal Luxembourg v Commission C-216/09: ECJ 26 Oct 2010
Appeals – Competition – Agreements on the market for beams – Annulment of a Commission decision – Adoption of a new decision after the expiry of the ECSC Treaty – Jurisdiction of the Commission – Choice of legal basis – Application of the Article 65 CA after the expiry date of the ECSC Treaty on … Continue reading Arcelormittal Luxembourg v Commission C-201/09: ECJ 26 Oct 2010
Appeals – Competition – Agreements, decisions and concerted practices – Community market in steel beams – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Powers of the Commission – Attributability of the unlawful conduct – Res judicata – Rights … Continue reading Arcelormittal Luxembourg v Commission C-201/09: ECJ 29 Mar 2011
Europa The limit-date of 1 August for fixing the intervention price and derived intervention prices in Article 3(4) and (5) of Regulation No 1785/81 on the common organisation of the markets in the sugar sector is not strict. Therefore, failure to observe that date cannot have the effect of rendering invalid Regulations No 1580/96 and … Continue reading Italy v Council C-340/98: ECJ 14 Mar 2002
The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land. Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that … Continue reading Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city. Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. … Continue reading Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007
The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close … Continue reading Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
Judgment – Article 95 of the Treaty – Differential tax on motor vehicles Citations: C-284/96, [1997] EUECJ C-284/96 Links: Bailii Jurisdiction: European Taxes – Other Updated: 05 July 2022; Ref: scu.161934
ECJ Directive 69/335 – Indirect taxes on the raising of capital – National rules taxing a (subsidiary) company by way of capital duty in respect of a contribution made by its parent company (the grandparent company) in favour of its subsidiary (a sub-subsidiary company) – Capital duty – Increase of capital – Payment ‘to the … Continue reading Senior Engineering Investments BV v Staatssecretaris van Financien: ECJ 12 Jan 2006
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may make.’Lord Kingsdown said: ‘The transactions of independent states between each other are governed by other … Continue reading Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859
ECJ Competition – Article 81 EC – Cartels – contract of agency agreement – Distribution of motor vehicles – Economic unit – Measures designed to hinder parallel trade in motor vehicles – Price fixing – Regulation (EC) No 1475/95 – Fine Citations: T-325/01, [2005] EUECJ T-325/01 Links: Bailii Statutes: Regulation (EC) No 1475/95, EC Treaty … Continue reading Daimlerchrysler AG v Commission (Competition): ECFI 15 Sep 2005
ECJ Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Telecommunications services – Directive 90/388/EEC – Article 3c – Lifting of all restrictions – Communal taxes on pylons, masts and transmission antennae for GSM. Citations: C-544/03, [2005] EUECJ C-544/03 Links: Bailii Statutes: EC Treaty 59 European, Media Updated: 03 July 2022; … Continue reading Mobistar v Commune De Fleron (Freedom To Provide Services): ECJ 8 Sep 2005
ECJ Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Telecommunications services – Directive 90/388/EEC – Article 3c – Lifting of all restrictions – Communal taxes on pylons, masts and transmission antennae for GSM. Citations: C-545/03, [2005] EUECJ C-545/03 Links: Bailii Statutes: Directive 90/388/EEC European, Media Updated: 03 July 2022; Ref: … Continue reading Belgacom Mobile Sa v Commune De Schaerbeek (Freedom To Provide Services): ECJ 8 Sep 2005
The taxpayer had converted a former residentional boarding school into a substantial private residence. He had sought to claim over andpound;300,000 VAT inputs. The Commissioners appealed the finding that he was so entitled. Held: ‘works constitute a residential conversion to the. extent only that they consist in the conversion of a non-residential (part of a) … Continue reading Revenue and Customs v Jacobs: CA 22 Jul 2005
The court was asked whether it was contrary to Community law – specifically, the provisions then contained in article 52 of the EC Treaty (now renumbered as article 43) – for the domestic tax law in the United Kingdom to differentiate, in the treatment of advance corporation tax on dividends paid by a subsidiary company … Continue reading Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
ECJ Free Movement of Goods – Failure of a Member State to fulfil obligations – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Foodstuffs to which vitamins or mineral salts have been added – National legislation making their marketing subject to there being a nutritional … Continue reading Commission v Netherlands C-41/02: ECJ 2 Dec 2004
The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community. Held: The scheme did infringe the right of free movement of goods, but the court … Continue reading Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Finlande C-469/98: ECJ 5 Nov 2002
ECFI Action for annulment – State aid – ECSC Treaty – Fifth Aid Code steel – Status of regular production within the meaning of Article 4, paragraph 2, of the Code fifth Steel Aid Citations: T-166/96, [1999] EUECJ T-166/96 Links: Bailii European Updated: 21 June 2022; Ref: scu.215839
ECJ The procedure provided for in Article 177 of the Treaty is an instrument of cooperation between the Court of Justice and the national courts, whereby the former supplies the latter with the information on the interpretation of Community law which is necessary in order to enable them to settle disputes which are brought before … Continue reading Falciola Angelo Spa v Comune Di Pavia: ECJ 26 Jan 1990
ECJ (Free Movement Of Goods) 1. Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers … Continue reading The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989
ECJ 1. An action for the annulment of a decision which merely confirms a previous decision which was not contested within the time-limit for bringing proceedings is inadmissible. 2. Article 175 of the Treaty refers to failure to act in the sense of failure to take a decision or to define a position, and not … Continue reading Irish Cement Limited v Commission of The European Communities (Action For A Declaration That A Measure Is Void ): ECJ 15 Dec 1988
Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal Article 6 of Council Regulation No 1009/86 establishing … Continue reading Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989
ECJ Preliminary Questions – Freedom of establishment – Prior authorisation for the operation of a retail outlet. 1. Although the court has no jurisdiction under article 177 of the treaty to apply a rule of community law to a particular case and thus to judge a provision of national law by reference to such a … Continue reading Ministere Public v Andre Gauchard: ECJ 8 Dec 1987
ECJ 1. Freedom of movement for persons, freedom of establishment and freedom to provide services, which are fundamental in the community system, would not be fully realized if a member state were entitled to refuse to grant the benefit of the provisions of community law to those of its nationals who are established in another … Continue reading Gullung v Conseil De L’Ordre Des Avocats Du Barreau De Colmar Et De Saverne: ECJ 19 Jan 1988
European Communities’ Own Resources – 1. Article 232(1) of the EEC Treaty must be interpreted as meaning that in so far as matters are not the subject of provisions in the ecsc treaty or rules adopted on the basis thereof, the eec treaty and the provisions adopted for its implementation can apply to products covered … Continue reading Deutsche Babcock Handel Gmbh v Hauptzollamt Luebeck-Ost: ECJ 15 Dec 1987
A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled only to equal treatment in regard to access to employment in accordance with … Continue reading Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987
The tribunal de police de Paris sought a preliminary ruling in criminal proceedings against the executives of airlines and travel agencies, who were charged with infringing the French Civil Aviation Code when selling air tickets by applying tariffs that were different from the approved tariffs. According to the French Code, all airlines had to submit … Continue reading Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986
1. Article 10(1) of regulation no 1612/68 cannot be interpreted as meaning that the companion, in a stable relationship, of a worker who is a national of a member state and is employed in the territory of another member state must in certain circumstances be treated as his ‘spouse’ for the purposes of that provision. … Continue reading State of The Netherlands v Reed: ECJ 17 Apr 1986
ECJ Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984
ECJ 1. Although it is essential that national courts explain the reasons why they consider that a reply to their questions is necessary for their decision in the main proceedings, and define the legal context of the request for interpretation, where questions are couched in imprecise terms it is for the court to extract from … Continue reading Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984
ECJ Although article 41 of the EEC Treaty, which is based on a clear separation of functions between the national courts and the Court of Justice, does not permit the court either to assess the facts of the case or to review the grounds on which the question submitted for a preliminary ruling is based, … Continue reading Celestri and Co Spa v Ministry of Finance.: ECJ 21 Mar 1985
ECJ 1. The purpose of the preliminary administrative procedure is to prepare the way for the commission’s decision concerning the infringement of the competition rules although that procedure also provides the undertakings concerned with an opportunity to bring the practices complained of into line with the rules of the treaty. 2. The fact that the … Continue reading Nv Iaz International Belgium And Others v Commission Of The European Communities.: ECJ 8 Nov 1983
ECJ The protection of designs comes under the protection of industrial and commercial property within the meaning of article 36 inasmuch as its aim to define exclusive rights which are characteristic of that property. In the absence of community standardization or a harmonization of laws the determination of the conditions and procedures under which protection … Continue reading Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982
ECJ It follows from article 30 in conjunction with article 36 of the EEC Treaty that a member state is not prohibited from requiring plant protection products to be subject to prior approval , even if those products have already been approved in another member state. The authorities of the importing state are however not … Continue reading Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981
ECJ 1 The applications in cases 60/81R and 190/81R have the same subject-matter; it is therefore appropriate to join them and to give the decision regarding them in a single order.2 according to article 185 of the treaty, actions brought before the court of justice do not have suspensory effect. The court may, however, if … Continue reading International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981
ECJ 1. In its present stage of development community law does not restrict the freedom of each member state to lay down tax arrangements which differentiate between certain products on the basis of objective criteria, such as the nature of the raw materials used or the production processes employed. Such differentiation is compatible with community … Continue reading Spa Vinal v Spa Orbat: ECJ 14 Jan 1981
ECJ Whilst the treaty does not exclude, in principle, a difference in the taxation of various alcoholic products, such a distinction may not be used for the purposes of tax discrimination or in such a manner as to afford protection, even indirect, to domestic production. A system which consists in conferring a tax advantage on … Continue reading Just I/S v Danish Ministry For Fiscal Affairs: ECJ 27 Feb 1980
ECJ 1. Within the framework of the task given it by article 177 of the EEC Treaty, the court of justice has no jurisdiction to decide the application of the treaty to a given case but the need to reach a useful interpretation of community law enables it to extract from the facts of the … Continue reading Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980
ECJ 1. An administrative letter despatched without publication as laid down in regulation no 17 informing the undertaking concerned of the commission’s opinion that there is no need for it to take action in respect of the agreements in question and that the file on the case may therefore be closed constitutes neither a decision … Continue reading Sa Lancome And Cosparfrance Nederland Bv v Etos Bv And Albert Heyn Supermart Bv.: ECJ 10 Jul 1980
ECJ 1. Even though the statement of the reasons on which a regulation is based may be laconic, it must nevertheless be examined and assessed in the context of the whole of the rules of which the regulation in question forms an integral part. 2. The prohibition of discrimination laid down in the second subparagraph … Continue reading Royal Scholten-Honig (Holdings) Limited v Intervention Board For Agricultural Produce ; Tunnel Refineries Limited v Intervention Board For Agricultural Produce.: ECJ 25 Oct 1978
ECJ 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty the national court, which is alone in having a direct knowledge of the facts of the case and of the arguments put forward by the parties, and which has to give judgment in … Continue reading Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the convention must be regarded as having their own independent meaning and as being thus common to all the contracting … Continue reading Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978
ECJ 1. Council decision no 66/532 of 26 July 1966 concerning the abolition of customs duties, the prohibition of quantitative restrictions as between member states and the application of the common customs tariff duties for products other than those set out in annex ii to the treaty did not bring forward the date of expiry … Continue reading Aamministrazione Delle Finanze Dello Stato v The Rasham Undertaking: ECJ 3 Oct 1978
ECJ The direct application of a community regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure adopting it into national law. By reason of the obligations imposed on them by the treaty member states must not impede the direct effect … Continue reading Fratelli Zerbone Snc v Amministrazione Delle Finanze Dello Stato: ECJ 31 Jan 1978
ECJ 1. Article 177 is based on a distinct separation of functions between national courts and tribunals on the one hand and the court of justice on the other, and it does not give the court jurisdiction to take cognizance of the facts of the case, or to criticize the reasons for the reference. Therefore, … Continue reading Tedeschi v Denkavit Commerciale SRL: ECJ 5 Oct 1977
ECJ 1. Freedom of establishment, subject to observance of professional rules justified by the general good, is one of the objectives of the treaty. In so far as community law makes no special provision, these objectives may be attained by measures enacted, pursuant to article 5 of the treaty, by the member states. If freedom … Continue reading Thieffry v Conseil De L’Ordre Des Avocats A La Cour De Paris: ECJ 28 Apr 1977
ECJ 1. Whenever community law has created for the institutions of the community powers within its internal system for the purpose of attaining a specific objective, the community has authority to enter into the international commitments necessary for the attainment of that objective even in the absence of an express provision in that connexion. This … Continue reading Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977
ECJ 1. Articles 48 to 66 of the treaty and the measures adopted by the community in application thereof implement a fundamental principle of the treaty, confer on persons whom they concern individual rights which the national courts must protect and take precedence over any national rule which might conflict with them. 2. National regulations … Continue reading Watson v Belmann: ECJ 7 Jul 1976
ECJ 1. Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right … Continue reading EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976
ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976
ECJ 1. Agriculture – common organization of the market – sugar – sale – maximum prices – unilateral fixing by a member state – prohibition (regulation no 1009/67 of the council) 2. Quantitative restrictions – measures having equivalent effect – concept (EEC treaty, article 30) 3. Agriculture – common organization of the market – sugar … Continue reading Riccardo Tasca: ECJ 26 Feb 1976
ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, especially articles 48, 52 and 59 or where appropriate, by the provisions adopted.For its implementation, independently of … Continue reading Royer v Belgium: ECJ 8 Apr 1976
ECJ 1. National rules or practices which result in imports being channelled in such a way that only certain traders can effect these imports, whereas others are prevented from doing so, constitute a measure having an effect equivalent to a quantitative re- striction within the meaning of article 30 of the treaty. 2. National rules … Continue reading Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976
1. All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions. 2. In the absence of a community system guaranteeing for consumers the authenticity of a product’s designation or origin, member states … Continue reading Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974
Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974
ECJ 1. The authority for regulation no 803/68/EEC of the council of 27 june 1968, on the value of goods for customs purposes is to be found in article 235 of the treaty and reveals no factor calculated to affect its validity. 2. Article 11(2)(b) (second branch of the alternative) of regulation no 803/68 of … Continue reading Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973
ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973
ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in the sphere of economic activities which have the character of gainful employment or remunerated service covers all work … Continue reading B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974
ECJ (Preliminary Questions) 1. The court does not have jurisdiction under article 177 to settle a dispute relating to the interpretation of a national law. 2. The prohibition of discrimination as laid down by Article 95 relates not only to the rate but also to the basis of taxation. Article 95 of the Treaty must … Continue reading Fonderie Officine Riunite ‘FOR’ v Vereinigte Kammgarn-Spinnereien ‘VKS’: ECJ 20 Feb 1973
ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972
1. The validity of measures adopted by the institutions of the community can only be judged in the light of community law. The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as … Continue reading Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970
It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970
ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971
ECJ Under article 177 of the court, when giving a preliminary ruling, is entitled only to pronounce on the interpretation of the treaty and of acts of the institutions of the community or on their validity but may not, on the basis of that article, give judgment on the interpretation of a provision of national … Continue reading Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971
1. Article 226 constitutes an exceptional provision only as regards the nature and the extent of derogation from the treaty and not as regards the detailed rules laid down by the commission in order to achieve the protection sought. In this respect, the commission, which is bound to give priority to such measures as will … Continue reading Nv Internationale Crediet En Handelsvereniging ‘Rotterdam’ And De Cooperatieve Suikerfabriek En Raffinaderij GA ‘Puttershoek’ v Netherlands Minister Of Agriculture and Fisheries: ECJ 18 Feb 1964
1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request (EEC Treaty, article 177) 2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national court – form not laid down in the treaty (EEC treaty, article 177) 3. Procedure – … Continue reading Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962
ECJ 1. The court has jurisdiction over the legality of decisions taken by the high authority, but it is not the function of the court to ensure respect for national law in force in a member state, and this is true even of constitutional laws. Therefore the court may neither interpret nor apply national law. … Continue reading Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960
ECJ 1. Article 37 of the ecsc treaty, which is in direct relation to the second paragraph of article 2, assigns to the high authority, subject to review by the court, an exceptional power enabling it to deal with the consequences arising from the application of clauses of the treaty which do not specifically refer … Continue reading Niederrheinische Bergwerks Aktiengesellschaft And Unternehmensverband Des Aachener Steinkohlenbergbaues v High Authority Of The European Coal And Steel Community: ECJ 13 Jul 1961
1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course … Continue reading Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Denmark C-467/98: ECJ 5 Nov 2002
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is fully complied with by refraining from applying any conflicting provision of national legislation, unless … Continue reading Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment): ECJ 2 Aug 1993
Although the Member States are not required to have the same systems of penalties for offences relating to value added tax payable on importation and for offences relating to the same tax in connection with transactions within the country, since the two categories of offence cannot be equally easily detected, the degree of difficulty in … Continue reading Commission v France (Rec 1993,p I-4413) (Judgment): ECJ 2 Aug 1993
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Suede: ECJ 5 Nov 2002
The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. Held: The EC Treaty provided that any such arrangement had to be abolished, insofar as it … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener: ECJ 5 Nov 2002
Europa Competition Cartels Community market for beams Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 Jurisdiction of the Commission Imputability of the infringing behavior Limitation Rights of defense Citations: T-405/06, [2009] EUECJ T-405/06 Links: Bailii Jurisdiction: European Coimmercial Updated: 19 June … Continue reading Arcelormittal Luxembourg and Others v Commission: ECFI 31 Mar 2009
Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991
Reference for a preliminary ruling – Social policy – Equal treatment for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC – French civil and military retirement pension scheme – Entitlement … Continue reading Mouflin: ECJ 13 Dec 2001
