Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 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

When an action is brought against decisions of the national authorities adopted in implementation of community rules which the applicant regards as unlawful, the question of the legality of such implementing measures adopted in pursuance of community law is a matter for the competent national courts or tribunals to decide, using the procedures laid down … Continue reading IBC v Commission: ECJ 27 Jan 1976

ECJ 1. The provisional character conferred by article 9(3) of Regulation no 17 on steps taken by national authorities in connexion with the implementation of article 85 of the EEC Treaty cannot call in question the Commission’s exercise to the full of its powers within the framework of the common market. 2. In order to … Continue reading ACF Chemiefarma v Commission: ECJ 15 Jul 1970

ECJ Free movement of persons – workers – equality of treatment – national law affording protection against disadvantages resulting from fulfilment of obligations for military service – application to the nationals of other member states. (EEC treaty, article 48; regulation no 38/64/EEC of the council, article (9)1; regulation (EEC) no 1612/68 of the council, article … Continue reading Wurttembergische Milchverwertung-Sudmilch AG v Salvatore Ugliola: ECJ 15 Oct 1969

Europa Officials – recruitment – rationalization of the administration following the merger treaty – voluntary transfer to a post corresponding to career bracket immediately below that applicable to grade – nature – priority right of the official concerned to be transferred to any post corresponding to his grade – guarantees – suitability of candidates having … Continue reading Gustav Wonnerth v Commission of the European Communities (Judgment): ECJ 10 Dec 1969

ECJ 1. Policy of the EEC- competition – agreements between undertakings – prohibition in article 85(1) – consideration of the economic and legal context 2. Policy of the EEC – competition – agreements which may effect trade between member states – concept (EEC treaty, article 85) 3. Policy of the EEC – competition – brewery … Continue reading S A Brasserie de Haecht v Consorts Wilkin-Janssen: ECJ 12 Dec 1967

ECJ 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to them is authentic. 2. During administrative proceedings before the commission concerning the application of article 85 of the eec treaty the parties concerned must be informed of the facts upon which the … Continue reading Grundig v Commission EEC: ECJ 16 Jun 1965

In an appeal against a pecuniary sanction or a periodic penalty payment a legal argument cannot be dismissed for the sole reason that it was not presented at the time of the administrative proceedings. To exclude an argument on this basis which is in any event incompatible with the purely preliminary nature of the procedure … Continue reading Acciaiere Ferriere E Fonderie Di Modena v ECSC High Authority: ECJ 12 Jul 1962

ECJ The grounds of a decision limited to stressing the objectives to be attained by the high authority to ensure compliance with the treaty but expressly refraining from laying down precise rules which will have to be settled in the future, do not constitute a decision but simply a notice not binding the high authority … Continue reading “Geitling” Ruhrkohlen-Verkaufsgesellschaft mbH, “Mausegatt” Ruhrkohlen-Verkaufsgesellschaft mbH “Prasident” Ruhrkohlen-Verkaufsgesellschaft mbH and associated companies v High Authority of the European Coal and Steel Community: ECJ 12 Feb 1960

ECJ Order – 1. The suspension of the operation of a decision constituting a refusal of authorization is not equivalent to the grant of the authorization refused. That authorization may be granted only by the administration, over which the court has no power of direction. The ‘other . . Interim measures’ referred to in the … Continue reading Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 12 May 1959

ECJ 1. The jurisdiction of the court derives from article 42 of the treaty in conjunction with the arbitration clause in the contract of employment and the provisions of the relevant staff regulations. 2. Since there is no provision for time-limits either in respect of applications through official channels or of applications to the court, … Continue reading Mirossevich v ECSC High Authority: ECJ 12 Dec 1956

ECJ 1. The adoption of an administrative measure creates a presumption as to its validity. The illegality of an individual administrative measure entails its complete nullity only in exceptional cases. In principle, such an administrative measure can be set aside only by means of annulment or withdrawal, in so far as those measures are lawful.2. … Continue reading Algera and Others v Common Assembly: ECJ 12 Jul 1957

An association of undertakings has capacity to institute proceedings before the court of justice against a general decision if that decision is capable of affecting certain interests, even though perhaps divergent, which have been entrusted to it (treaty, second paragraph of article 33, articles 48 and 80). Proceedings instituted by an association of undertakings are … Continue reading Syndicat De La Siderurgie Du Centre-Midi v ECSC High Authority (Judgment): ECJ 26 Jun 1958

ECJ Article 34 of the treaty is no bar to the admissibility of an application for annulment against an isolated provision of a decision as a whole, because an annulling judgment does not anticipate the measures which the high authority may be required to adopt in order to amend its decision, having regard to the … Continue reading Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 20 Mar 1957

ECJ The High Authority is obliged to mention in the reasons for its decision the essential elements of the findings of fact on which the legal justification for the measure depends. On the other hand the treaty does not require that it should state, and still less that it should refute, the opinions expressed in … Continue reading Netherlands v ECSC High Authority: ECJ 21 Mar 1955

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

Citations: (1988) ECR 3205, C-197/86 Cited by: Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001 ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC … Continue reading Brown v Secretary Of State For Scotland (Rec 1988,P 3205) (Sv88-489 Fi88-489) (Judgment): ECJ 21 Jun 1988

Europa 1. Measures adopted by an institution – decision addressed to all member states – interpretation – criteria – consideration of different language versions of the measure in question (EEC treaty, article 189) 2. Community law – general principles – fundamental human rights included – respect for these ensured by the court. 1. When a … Continue reading Erich Stauder v City of Ulm – Sozialamt (Judgment): ECJ 12 Nov 1969

Europa 1. EEC officials – privileges and immunities – exemption from national taxes and levying of a community tax – complementary nature of the provisions relating thereto – scope of the exemption from national taxes (protocol on privileges and immunities of the EEC, article 12) 2. EEC officials – privileges and immunities – charge or … Continue reading I G F Van Leeuwen v City of Rotterdam (Judgment): ECJ 8 Feb 1968

Europa 1. Free movement of persons – migrant workers – old-age and death (pensions) insurance – calculation of benefits – application of the system provided for by articles 27 and 28 of regulation no 3 – the beneficiary’s objective situation to be considered 2. Free movement of persons – migrant workers – old-age and death … Continue reading Jules Guissart v Belgian State (Judgment): ECJ 13 Dec 1967

Europa Member states of the EEC – absolute obligation under the treaty – concept – rights of individuals – protection of such rights by national courts Policy of the EEC – common rules – tax provisions – internal taxation of one member state imposed on the products of other member states – prohibition of discrimination … Continue reading Alfons Lutticke GmbH v Hauptzollamt Sarrelouis (Judgment): ECJ 16 Jun 1966

Actions for annulment – Pleas in law – Error of fact underlying a decision applying the competition rules – Annulment of the decision – (EC Treaty, Art. 85; Council Regulation No 1017/68, Art. 5)A decision which applies the competition rules to an agreement between undertakings in the rail transport sector must be annulled if the … Continue reading SNCF and British Railways v Commission: ECFI 22 Oct 1996