Search Results for: EC Treaty Article 5

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Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

Commission v France C-262/02: ECJ 13 Jul 2004

The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of certain sporting events. This was said to infringe the freedom to provide services contrary to Article 59 (now 49) of the … Continue reading Commission v France C-262/02: ECJ 13 Jul 2004

Bacardi-Martini SAS v Television Francaise 1 SA (TF1) and others: ECJ 13 Jul 2004

ECJ Grand Chamber – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Directive 89/552/CEE – Television without frontiers – Television broadcasting – Advertising – National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen … Continue reading Bacardi-Martini SAS v Television Francaise 1 SA (TF1) and others: ECJ 13 Jul 2004

Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK. Held: The claim failed. The Crown was not single and indivisible but separate … Continue reading Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

British Sugar v Commission: ECJ 29 Apr 2004

Europa For an agreement between undertakings or a concerted practice to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability and on the basis of objective factors of law or fact that it may have an influence, direct or indirect, actual or potential, on … Continue reading British Sugar v Commission: ECJ 29 Apr 2004

Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded to a partner. Held: The effect of the law was discriminatory. … Continue reading KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004

Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Europa Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical products. Citations: C-2/01, [2004] EUECJ C-2/01P Links: Bailii Jurisdiction: European Citing: Appeal from – Bayer AG v Commission (Rec … Continue reading Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

ECJ (Judgment) Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article … Continue reading Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

ECJ Judgment – Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of … Continue reading The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

Leali v Commission: ECFI 20 Oct 2003

Order – Application for interim measures – Competition. Citations: T-46/03, [2003] EUECJ T-46/03 Links: Bailii Jurisdiction: European Cited by: Order – Leali v Commission ECFI 25-Oct-2007 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 … Continue reading Leali v Commission: ECFI 20 Oct 2003

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

Bown v Secretary of State for Transport: CA 31 Jul 2003

The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003

Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service … Continue reading Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

Linhart v Hans Biffl: ECJ 24 Oct 2002

ECJ Approximation of laws – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Directive 76/768/EEC relating to cosmetic products – Directive 84/450/EEC concerning misleading advertising – National legislation laying down restrictions on advertising. Judges: J-P. Puissochet, P Citations: C-99/01, [2002] EUECJ C-99/01 Links: Bailii European, … Continue reading Linhart v Hans Biffl: ECJ 24 Oct 2002

Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Regina v The Secretary of State for The Home Department, ex parte Bhurosah: CA 1968

In Mauritius the Queen is the Queen of Mauritius and the issuing of passports by the Government of Mauritius, although a matter of foreign affairs and therefore under the control of the UK Government, was an act carried out in the name of the Queen in the right of Mauritius, and not the Queen in … Continue reading Regina v The Secretary of State for The Home Department, ex parte Bhurosah: CA 1968

Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Europa Failure by a Member State to fulfil its obligations – Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) – Rights attaching to the ‘golden share held by the French Republic in Societe Nationale Elf-Aquitaine. Citations: [2002] EUECJ C-483/99 Links: Bailii … Continue reading Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Ventouris Enterprises v Commission: ECFI 20 Jul 1999

ECJ Competition – Regulation (EEC)No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1)of the EC Treaty (now Article 81(1)EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances. … Continue reading Ventouris Enterprises v Commission: ECFI 20 Jul 1999

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

H and R Ecroyd v Commission: ECFI 20 May 1999

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

Irish Sugar v Commission T-228/97: ECFI 7 Oct 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

Broome and Wellington v Commission: ECFI 25 May 1998

ECJ Measures whose legal effects are binding and are capable of affecting the applicants’ interests by clearly altering their legal position constitute acts which may be the subject of an action for annulment under Article 173 of the Treaty. In the case of acts adopted by a procedure involving several stages, in principle only measures … Continue reading Broome and Wellington v Commission: ECFI 25 May 1998

Buchel v Council and Commission: ECFI 26 Sep 2000

1. A declaration of annulment limited solely to the provision of a regulation concerning the extension of an anti-dumping duty would make the regulation extending the definitive anti-dumping duty to importers of similar products or parts of those products a dead letter. The remainder of the operative part of that regulation concerns only the implementation … Continue reading Buchel v Council and Commission: ECFI 26 Sep 2000

Weyl Beef Products and others v Commission: ECFI 31 Jan 2001

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

Antilles Neerlandaises v Council and Commission: ECFI 16 Nov 1998

ECFI Procedure – Division of jurisdiction between the Court of Justice and the Court of First Instance – Action, pending before the Court of First Instance, brought by a natural or legal person under Article 173, fourth paragraph, and Article 178 of the Treaty, concerning the introduction, in the first case by the Commission and … Continue reading Antilles Neerlandaises v Council and Commission: ECFI 16 Nov 1998

Partex v Commission T-182/96: ECFI 16 Sep 1999

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

Peugeot v Commission: ECFI 2 May 1997

ECJ 1 Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter forming part of the first stage of the procedure laid down in Article 5 of Commission Decision 94/810 – Preparatory act (EC Treaty, Art. 173; Commission Decision 94/810, Art. 5) 2 Procedure – Action contesting a preparatory … Continue reading Peugeot v Commission: ECFI 2 May 1997

Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998

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

Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

ECFI Nuclear tests conducted by a Member State – Application for interim relief -Article 34 of the EAEC Treaty – Application for suspension of the operation of a Commission decision regarding nuclear tests. In principle, the issue of the admissibility of the main action should not be examined in proceedings relating to an application for … Continue reading Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

ECJ Competition – Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty – Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment – Article 176 of the Treaty – Request for … Continue reading AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

IECC v Commission T-133/95: ECFI 16 Sep 1998

ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-133/95: ECFI 16 Sep 1998

IECC v Commission T-110/95: ECFI 16 Sep 1998

ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-110/95: ECFI 16 Sep 1998

Corman v Commission: ECFI 30 Jan 1997

ECFI 1 Agriculture – Common organization of the markets – Milk and milk products – Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs – Conditions for granting aid – Intermediate products – Definition – Obligation to add tracers(Commission Regulation No 570/88, Art. 9a)2 Agriculture … Continue reading Corman v Commission: ECFI 30 Jan 1997

Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Competition – Payment of a fine – Bank guarantee – Procedure for interim relief – Suspension of operation.It is only in exceptional circumstances that the judge hearing an application for interim measures should order the suspension of the applicant undertaking’ s obligation to provide a bank guarantee securing payment of a fine imposed on it.The … Continue reading Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

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

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

SNCF and British Railways v Commission: ECFI 12 May 1995

ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain and speculative risk – Exclusion – Balance of convenience – (EC Treaty, Art. 185; Rules of Procedure of the Court of First … Continue reading SNCF and British Railways v Commission: ECFI 12 May 1995

Efisol v Commission: ECFI 16 Oct 1996

ECJ 1 Non-contractual liability – Conditions – Illegality – Damage – Causal link (EC Treaty, Art. 215, second para.) 2 Community law – Principles – Protection of legitimate expectations – Conditions 3 Acts of the institutions – Adoption foreseeable by a prudent and discriminating trader – Principle of the protection of legitimate expectations – Not … Continue reading Efisol v Commission: ECFI 16 Oct 1996

Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997

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

Schulte v Council and Commission: ECFI 7 Feb 2002

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

Cascades v Commission: ECFI 14 May 1998

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

Sarrio v Commission: ECFI 14 May 1998

Competition – Article 85(1) of the EC-Treaty – Concept of single infringement – Information exchange – Order to desist – Fine – Determination of the amount – Method of calculation – Statement of reasons – Mitigating circumstances. Citations: T-334/94, [1998] EUECJ T-334/94 Links: Bailii European, Commercial Updated: 06 June 2022; Ref: scu.172938

Buchmann v Commission: ECFI 14 May 1998

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

Gruber + Weber v Commission: ECFI 14 May 1998

Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons – Products to which the infringement relates. Citations: T-310/94, [1998] EUECJ T-310/94 Links: Bailii European Updated: 06 June 2022; Ref: scu.172927

Europa Carton v Commission: ECFI 14 May 1998

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

Greenpeace and others v Commission: ECFI 9 Aug 1995

ECJ 1. Persons other than the addressees may claim that a decision is of individual concern to them only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of factual circumstances which differentiate them from all other persons and thereby distinguish them individually in the same … Continue reading Greenpeace and others v Commission: ECFI 9 Aug 1995

Hartmann v Council and Commission: ECFI 16 Apr 1997

1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Allocation of reference quantities exempt from levy – Producers who suspended deliveries pursuant to the non-marketing or conversion premium schemes and were therefore refused a reference quantity – Offer of flat-rate compensation under Regulation No 2187/93 … Continue reading Hartmann v Council and Commission: ECFI 16 Apr 1997

Lefebvre and others v Commission: ECFI 14 Sep 1995

ECFI 1. The Community does not incur non-contractual liability on account of damage caused by legislative measures adopted by its institutions unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred. In a legislative field which is characterized by the exercise of a wide discretion, such … Continue reading Lefebvre and others v Commission: ECFI 14 Sep 1995

Lisrestal and others v Commission: ECFI 6 Dec 1994

1. The delegation of authority to sign within an institution is a measure relating to the internal organization of the Community’ s administrative departments. It is in accordance with Article 27 of the Commission’ s Rules of Procedure and is the normal means by which the Commission exercises its powers. Officials may therefore be empowered … Continue reading Lisrestal and others v Commission: ECFI 6 Dec 1994

Guna v Council: ECFI 29 Oct 1993

ECFI Articles 7 and 9 of Directive 92/73 widening the scope of Directives 65/65 and 75/319 on pharmaceutical products and laying down additional provisions on homeopathic medicinal products are not of direct and individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to manufacturers and importers of homeopathic medicinal … Continue reading Guna v Council: ECFI 29 Oct 1993

PTT Nederland and others v Commission: ECFI 21 Jun 1991

ECFI Procedure – Allocation of jurisdiction between the Court of Justice and the Court of First Instance – Proceedings instituted by a natural or legal person on the basis of the second paragraph of Article 173 of the Treaty concerning the implementation of the competition rules applicable to undertakings and pending before the Court of … Continue reading PTT Nederland and others v Commission: ECFI 21 Jun 1991

Cimenteries CBR SA, Blue Circle Industries plc, Syndicat Nationale des Fabricants de Ciments et de Chaux and Federation de l’Industrie Cimentiere asbl v Commission of the European Communities: ECFI 18 Dec 1992

ECJ Competition – Statement of objections – Access to the file – Admissibility. Actions for annulment of measures Actionable measures Definition Measures producing binding legal effects Administrative procedure implementing the competition rules. Refusal to notify the full statement of objections to an undertaking concerned and to give it access to the entire file. Preparatory measure … Continue reading Cimenteries CBR SA, Blue Circle Industries plc, Syndicat Nationale des Fabricants de Ciments et de Chaux and Federation de l’Industrie Cimentiere asbl v Commission of the European Communities: ECFI 18 Dec 1992

Langnese-Iglo and Scholler Lebensmittel v Commission: ECFI 8 May 1992

ECJ Where both granting a suspension of operation of a Commission decision prescribing interim measures relating to competition and refusing to grant such suspension would in practice have the effect of depriving the final decision of the Court of First Instance of any effects in so far as such a decision could not in all … Continue reading Langnese-Iglo and Scholler Lebensmittel v Commission: ECFI 8 May 1992

Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

ECJ 1. The Commission is under an obligation, by virtue of Article 34 of the ECSC Treaty, when a judgment is delivered annulling a decision whose effect was limited to a clearly defined period of time, first, to take the measures required to comply with that judgment, not only as regards the annulled measure but … Continue reading Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002

Europa Social security for migrant workers – Article 48 and Article 51 of the EC Treaty (now, after amendment, Article 39 and Article 42 EC) – Article 9a and 94 of Regulation (EEC) No 1408/71 – Accident at work occurring in another Member State before the entry into force of the regulation in the worker’s … Continue reading Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002

Commission v Italy C-145/99: ECJ 7 Mar 2002

Failure by a Member State to fulfil its obligations – Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Directive 89/48/EEC – Access to and practice of the profession of lawyer Citations: [2002] EUECJ C-145/99 Links: Bailii Jurisdiction: European Legal Professions Updated: 05 June 2022; Ref: … Continue reading Commission v Italy C-145/99: ECJ 7 Mar 2002

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Citations: C-298/99, [2002] EUECJ C-298/99 Links: Bailii Statutes: Directive 85/384/EEC Jurisdiction: England and Wales … Continue reading Commission v Italy – C-298/99: ECJ 21 Mar 2002

J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC Treaty (now Article 81 EC) – Association of undertakings – Restriction of competition – Justification – Article 86 of the … Continue reading J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 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

Commission v Italy: ECJ 15 Jan 2002

ECJ Failure to fulfil obligations – Infringement of Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Retention of certain national and regional rules regarding trade fairs, markets and exhibitions Citations: C-439/99, [2002] EUECJ C-439/99 Links: Bailii Jurisdiction: European European Updated: 05 June 2022; Ref: scu.167454

Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001

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

Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc: ECJ 25 Oct 2001

ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid leave for posted workers on a business in the construction industry established in another Member State which provides services … Continue reading Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc: ECJ 25 Oct 2001

Khalil, Chabaan, Osseili v Bundesantalt fir Arbeit: ECJ 11 Oct 2001

(Social security for migrant workers) Social security – Article 51 of the EEC Treaty (later Article 51 of the EC Treaty and now, after amendment, Article 42 EC) – Article 2(1) of Regulation (EEC) No 1408/71 – Stateless persons – Refugees Citations: [2001] ECR I-7413, [2001] EUECJ C-95/99, C-95/99, [2001] 3 CMLR 50 Links: Bailii … Continue reading Khalil, Chabaan, Osseili v Bundesantalt fir Arbeit: ECJ 11 Oct 2001

Commission v France C-230/99: ECJ 15 Feb 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

Gascogne Limousin viandes SA v Office National Interprofessionnel des Viandes de l’Elevage et de l’Aviculture: ECJ 11 May 2000

ECJ Beef and veal – Premium for early marketing of calves – Grant dependent on average carcase weight of calves slaughtered in each Member State during 1995 – Validity under Article 40(3) of the EC Treaty (now, after amendment, Article 34(2) EC) Judges: J.C. Moitinho de Almeida, P Citations: C-56/99, [2000] EUECJ C-56/99 Links: Bailii … Continue reading Gascogne Limousin viandes SA v Office National Interprofessionnel des Viandes de l’Elevage et de l’Aviculture: ECJ 11 May 2000

Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

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

Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

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

Autriche v Commission C-99/98: ECJ 15 Feb 2001

(Judgment) Action for annulment – Plan to grant State aid in the field of power semiconductors – Notification of the Commission – Content of the notification and of supplementary questions put by the Commission – Nature and duration of the investigation – Commission’s right of objection – Article 93(3) of the EC Treaty (now Article … Continue reading Autriche v Commission C-99/98: ECJ 15 Feb 2001

Osterreichischer Gewerkschaftsbund: ECJ 30 Nov 2000

ECJ Article 177 of the EC Treaty (now Article 234 EC) – Definition of ‘court or tribunal of a Member State – Freedom of movement for persons – Equal treatment – Seniority – Part of career spent abroad Citations: C-195/98, [2000] EUECJ C-195/98 Links: Bailii European Updated: 04 June 2022; Ref: scu.162401

Commission v Belgium C-203/98: ECJ 8 Jul 1999

(Judgment) Failure by a Member State to fulfil its obligations – Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) – Air traffic – Registration of aircraft Citations: C-203/98, [1999] EUECJ C-203/98 Links: Bailii Statutes: EC Treaty 6 52 European Updated: 04 June 2022; Ref: scu.162406

Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 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

Spain v Council: ECJ 30 Jan 2001

ECJ Legal basis – Environment – Council decision approving the Convention on cooperation for the protection and sustainable use of the river Danube – Article 130s(1) and (2) of the EC Treaty (now, after amendment, Article 175(1) and (2) EC) – Concept of ‘management of water resources. Citations: [2001] EUECJ C-36/98, C-36/98, [2001] ECR I-779 … Continue reading Spain v Council: ECJ 30 Jan 2001

Nijhuis v Bestuur van het Landelijk Instituut Sociale Verzekeringen: ECJ 20 Apr 1999

(Judgment) (Rec 1999,p I-1919) Social security – Incapacity for work – Special scheme for civil servants – Point 4(a) of Section J of Annex VI to Regulation (EEC) No 1408/71 – Articles 48 and 51 of the EC Treaty Citations: C-360/97, [1999] EUECJ C-360/97 Links: Bailii Jurisdiction: European Benefits Updated: 04 June 2022; Ref: scu.162252

Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.‘Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning … Continue reading Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Commission v France: ECJ 13 Mar 1997

ECJ (Judgment) 1 Member States – Obligations – Failure to fulfil obligations – Retention of a national provision incompatible with Community law – Justification on the basis of administrative practices ensuring that the Treaty is applied – Not permissible 2 Acts of the institutions – Directives – Implementation by the Member States – Directive intended … Continue reading Commission v France: ECJ 13 Mar 1997

Imperial Chemical Industries v Colmer: ECJ 16 Jul 1998

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

Cabour and Nord Distribution Automobile v Arnor ‘SOCO’: ECJ 30 Apr 1998

ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905

United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

Chemische Afvalstoffen Dusseldorp and others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998

ECJ Directive 75/442 on waste, as amended by Directive 91/156, and Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community cannot be interpreted as meaning that the principles of self-sufficiency and proximity are applicable to shipments of waste for recovery. That follows from the … Continue reading Chemische Afvalstoffen Dusseldorp and others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998