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Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria. Citations: C-199/07, [2009] EUECJ C-199/07 Links: Bailii Jurisdiction: European Citing: See Also – Commission v Greece (Law Relating To Undertakings) ECJ 9-Jul-2009 Europa Treaty infringement … Continue reading Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

ECFI Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Europa Compensation paid to a worker on termination of the employment relationship is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from … Continue reading Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Abdirahman v Secretary of State for Work and Pensions: CA 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

Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

‘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

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-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

Belgacom Mobile Sa v Commune De Schaerbeek (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

Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002

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

Ministere Public v Tournier: ECJ 13 Jul 1989

1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility (EEC Treaty, Art 30) 2 … Continue reading Ministere Public v Tournier: ECJ 13 Jul 1989

State of The Netherlands v Reed: ECJ 17 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

Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 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

Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 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

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 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

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. 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

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

Criminal proceedings against Denuit: ECJ 29 May 1997

ECJ Judgment – 1 Freedom to provide services – Television broadcasting – Directive 89/552 – Television broadcaster coming under the jurisdiction of a Member State – Determining criterion – Establishment – Effects of the origin of broadcast programmes on a Member State’s jurisdiction – None (Council Directive 89/552, Art. 2(1)) 2 Freedom to provide services … Continue reading Criminal proceedings against Denuit: ECJ 29 May 1997

Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

ECJ Freedom of movement for persons – Workers – Equal treatment – Promotion on grounds of seniority – Collective agreement applicable to public sector employees taking into account only periods of employment completed in the national public service but not periods of comparable employment completed in the public service of another Member State – Discrimination … Continue reading Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

Commission and France v Ladbroke Racing: ECJ 11 Nov 1997

ECJ (Judgment) Competition – Articles 85, 86 and 90 of the EC Treaty – Rejection of a complaint concerning both State measures and private conduct – Applicability of Articles 85 and 86 to undertakings complying with national legislation) Citations: C-359/95, [1997] EUECJ C-359/95P Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161724

Commission v France: ECJ 9 Dec 1997

ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC Treaty. There had been for more than a decade violent acts committed by individuals and by protest movements of French farmers … Continue reading Commission v France: ECJ 9 Dec 1997

Commission v Germany: ECJ 12 Dec 1996

ECJ (Judgment) 1 Approximation of laws – Quality of fresh waters needing protection or improvement in order to support fish life and quality required of shellfish waters – Directives 78/659 and 79/923 – Need for exact transposition by the Member States (Council Directives 78/659 and 79/923) 2 Member States – Obligations – Implementation of directives … Continue reading Commission v Germany: ECJ 12 Dec 1996

An Taisce and WWF UK v Commission of the European Communities.: ECJ 11 Jul 1996

ECJ (Order) 1. The purpose of the procedure in respect of failure to fulfil obligations provided for by Article 169 of the Treaty is to have the Court declare a Member State to be in breach of Community law and require its conduct to be brought to an end, whereas the procedure provided for by … Continue reading An Taisce and WWF UK v Commission of the European Communities.: ECJ 11 Jul 1996

Reiseburo Broede v Sandker: ECJ 12 Dec 1996

ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions (EC Treaty, Art. 59) 2 Freedom to provide services – Judicial recovery of debts – Restrictions – Obligation to use the services of a lawyer – Justification on grounds of the general interest – Protection of recipients of services and proper … Continue reading Reiseburo Broede v Sandker: ECJ 12 Dec 1996

Criminal proceedings against Guiot: ECJ 28 Mar 1996

(Judgment) Articles 59 and 60 of the Treaty preclude a Member State from requiring an undertaking in the construction industry established in another Member State and temporarily carrying out works in the first-mentioned Member State to pay employer’ s contributions in respect of loyalty stamps and bad-weather stamps with respect to workers assigned to carry … Continue reading Criminal proceedings against Guiot: ECJ 28 Mar 1996

Binder v Hauptzollamt Stuttgart-West: ECJ 13 Jun 1996

ECJ 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulations establishing protective measures applicable to imports of products covered by the common organization of the market in products processed from fruit and vegetables 2. Agriculture – Common organization of the markets – Products processed from fruit and vegetables – … Continue reading Binder v Hauptzollamt Stuttgart-West: ECJ 13 Jun 1996

Buralux and others: ECJ 15 Feb 1996

ECJ Judgment – Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation on the supervision and control of waste shipments – Action brought by undertakings specializing in waste shipment – Inadmissibility – Legal protection available from the national courts through an action challenging measures taken … Continue reading Buralux and others: ECJ 15 Feb 1996

Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995

Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995

Etablissements Armand Mondiet SA v Armement Islais SARL: ECJ 24 Nov 1993

Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying or in which it is registered. It has, in particular, competence to adopt, for vessels flying the flag of a Member … Continue reading Etablissements Armand Mondiet SA v Armement Islais SARL: ECJ 24 Nov 1993

Her Majesty’s Customs and Excise v Gerhart Schindler and Jorg Schindler: ECJ 24 Mar 1994

Europa The importation of lottery advertisements and tickets into a Member State with a view to the participation by residents of that State in a lottery conducted in another Member State relates to a ‘service’ within the meaning of Article 60 of the Treaty and accordingly falls within the scope of Article 59 of the … Continue reading Her Majesty’s Customs and Excise v Gerhart Schindler and Jorg Schindler: ECJ 24 Mar 1994

Stephan Max Wirth v Landeshauptstadt Hannover Hannover: ECJ 7 Dec 1993

Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential … Continue reading Stephan Max Wirth v Landeshauptstadt Hannover Hannover: ECJ 7 Dec 1993

Office National des Pensions v Raffaele Levatino (Judgment): ECJ 22 Apr 1993

Europa 1. As regards an employed person or assimilated worker who has completed periods of employment in a Member State, resides in that State and is entitled to a pension there, legislative provisions in that State giving all elderly residents a legally protected right to a minimum pension come within the field of social security … Continue reading Office National des Pensions v Raffaele Levatino (Judgment): ECJ 22 Apr 1993

Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

(Rec 1993,p I-2239) (SV93-181) (Judgment) 1. Freedom to provide services – Provisions of the Treaty – Field of application – Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States – Inclusion (EEC Treaty, Art. 59 et seq.) 2. Freedom to provide services – Restrictions – … Continue reading Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

French Republic v Commission of the European Communities (Rec 1993,p I-3283) (Judgment): ECJ 16 Jun 1993

Europa 1. An action for annulment is available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects. This applies to a Commission communication which sets out to specify the manner of application of Article 5(2) of Directive 80/723 on the transparency of … Continue reading French Republic v Commission of the European Communities (Rec 1993,p I-3283) (Judgment): ECJ 16 Jun 1993

Commission v Belgium C-211/91: ECJ 16 Dec 1992

ECJ (Judgment) 1. By prohibiting cable television companies from broadcasting on their networks programmes from radio or television broadcasting stations in other Member States, where the programmes are not transmitted in the language or one of the languages of the Member State in which the station is established, a Member State is in breach of … Continue reading Commission v Belgium C-211/91: ECJ 16 Dec 1992

Criminal proceedings against Claeys: ECJ 16 Dec 1992

ECJ (Judgment) 1. A compulsory contribution constituting a parafiscal charge, applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the burden borne by those products, constitutes a … Continue reading Criminal proceedings against Claeys: ECJ 16 Dec 1992

Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992

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

Bachmann v Belgian State: ECJ 28 Jan 1992

Europa Legislation of a Member State which makes the deductibility of sickness and invalidity insurance contributions or pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of … Continue reading Bachmann v Belgian State: ECJ 28 Jan 1992

The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others: ECJ 4 Oct 1991

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

Parliament v Council (Rec 1992,p I-4593) (Judgment): ECJ 16 Jul 1992

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

Spain v Council (Rec 1992,p I-5159) (Judgment): ECJ 13 Oct 1992

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

Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Manfred Sager v Dennemeyer and Co Ltd: ECJ 25 Jul 1991

Europa 1. Article 59 of the Treaty requires not only the elimination of all discrimination against a person providing services on the grounds of his nationality, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, when it is liable … Continue reading Manfred Sager v Dennemeyer and Co Ltd: ECJ 25 Jul 1991

Hofner and Elser v Macrotron (Judgment): ECJ 23 Apr 1991

Europa A public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules since, in the context of competition law, that classification applies to every entity engaged in an economic activity, regardless of its legal status and the way in which … Continue reading Hofner and Elser v Macrotron (Judgment): ECJ 23 Apr 1991

Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990

ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the construction and public works sector in another Member State may move with its labour force which it brings from … Continue reading Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990

Corsica Ferries France v Direction generale des douanes (Judgment): ECJ 13 Dec 1989

Europa Before the entry into force of Regulation No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, adopted by the Council on the basis of Article 84(2 ) of the Treaty, the EEC Treaty, in particular Articles … Continue reading Corsica Ferries France v Direction generale des douanes (Judgment): ECJ 13 Dec 1989

Higgs and Mitchell v The Minister of National Security and others: PC 14 Dec 1999

(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS. Held: The appeals failed. The Bahamas was a member of the Organisation of American States, but the rules of that organisation had not been incorporated into its law. The planned execution … Continue reading Higgs and Mitchell v The Minister of National Security and others: PC 14 Dec 1999

Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that member state for the individuals adversely affected. Judges: Lord Slynn of Hadley, Lord Nicholls of Birkenhead, … Continue reading Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000

The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. Held: The court had jurisdiction. An Order in Council banishing British citizens from their home island was unlawful. … Continue reading Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000

The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others: QBD 17 Dec 2002

The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply. Held: A review was granted, but the court then declined to allow itself jurisdiction … Continue reading The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others: QBD 17 Dec 2002

Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

Hoffman-La Roche v Centrafarm: ECJ 23 May 1978

ECJ (Judgement) 1. It is clear from article 36 of the EEC treaty, in particular its second sentence, as well as from the context, that whilst the treaty does not affect the existence of rights recognized by the laws of a member state in matters of industrial and commercial property, yet the exercise of those … Continue reading Hoffman-La Roche v Centrafarm: ECJ 23 May 1978

Giulio Pasetti-Bombardella v Commission of the European Communities supported by the Council of the European Communitiesl (Judgment): ECJ 2 Jul 1969

Europa 1. Officials – administrative measure adopted at the request of an official – illegality of the measure – remedy of the person concerned – admissibility 2. Officials – rationalization of departments following the merger treaty – scheme for removal of officials – such scheme cannot be equated with the other methods of termination of … Continue reading Giulio Pasetti-Bombardella v Commission of the European Communities supported by the Council of the European Communitiesl (Judgment): ECJ 2 Jul 1969

Gustav Wonnerth v Commission of the European Communities (Judgment): ECJ 10 Dec 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

Netherlands v Commission C-59/70: ECJ 6 Jul 1971

ECJ 1. It follows from the common purpose of articles 33 and 35 that the requirements of legal certainty and of the continuity of community action underlying the time-limits for bringing proceedings laid down in article 33 must also be taken into account – having regard to the special difficulties which the silence of the … Continue reading Netherlands v Commission C-59/70: ECJ 6 Jul 1971

Industria Molitoria Imolese and others v Council of the European Communities (Judgment): ECJ 13 Mar 1968

Europa Measures adopted by an institution – proceedings instituted by individuals – regulation – possibility of measures of individual concern contained in a regulation (EEC treaty, article 173, second paragraph, article 189, second paragraph) 2. Measures adopted by an institution – proceedings instituted by individuals – provisions of regional significance, not of individual concern to … Continue reading Industria Molitoria Imolese and others v Council of the European Communities (Judgment): ECJ 13 Mar 1968

Zuckerfabrik Watenstedt GmbH v Council of the European Communities (Judgment): ECJ 11 Jul 1968

Europa Measures adopted by an institution – regulation – concept (EEC treaty, article 189). A measure which is applicable to objectively determined situations and which involves legal consequences for categories of persons viewed in a general and abstract manner constitutes a regulation. Cf. Paragraph 3, summary, joined cases 16 and 17/62, (1962) ECR 471. A … Continue reading Zuckerfabrik Watenstedt GmbH v Council of the European Communities (Judgment): ECJ 11 Jul 1968

Acciaierie e Ferriere di Solbiate SpA v High Authority of the ECSC: ECJ 16 Jun 1966

Europa 1. Common financial arrangements – equalization of ferrous scrap – own resources of scrap – concept (ECSC treaty, article 53) 2. Common financial arrangements – undertakings liable to pay contributions – concept (ECSC treaty, articles 53, 80) 3. Common financial arrangements – equalization of ferrous scrap – bought scrap added to stock – system … Continue reading Acciaierie e Ferriere di Solbiate SpA v High Authority of the ECSC: ECJ 16 Jun 1966

Hamborner Bergbau Ag and Others v ECSC High Authority: ECJ 16 Dec 1960

ECJ Judgment – Procedure – action for failure to act – amendment of legal basis of an application – inadmissibility (ECSC treaty, article 35 ) when the matter was raised with the high authority within the meaning of article 35 it was asked to take a decision concerning the applicant’s request on the basis of … Continue reading Hamborner Bergbau Ag and Others v ECSC High Authority: ECJ 16 Dec 1960

Fiddelaar v Commission EEC: ECJ 16 Dec 1960

EAT Judgment – Procedure – proceedings in which the court has unlimited jurisdiction – irregular conclusions – judgment of its own motion against defendant Officials – on contract – period prior to promulgation of staff regulations – conditions applicable – disputes – jurisdiction of the court (EEC treaty, articles 173, 179) Officials – on contract … Continue reading Fiddelaar v Commission EEC: ECJ 16 Dec 1960

Italy v ECSC High Authority: ECJ 15 Jul 1960

Europa Although for the publication of price-lists and conditions of sale applied within the common market the treaty has expressly given the high authority a legislative power, providing even for review by the consultative committee, the absence of any provision in this respect in article 70 shows that in the transport sector the treaty denies … Continue reading Italy v ECSC High Authority: ECJ 15 Jul 1960

Netherlands v ECSC High Authority: ECJ 19 Feb 1960

Europa Although for the publication of price-lists and conditions of sale applied within the common market the treaty has expressly given the high authority a legislative power, providing even for review by the consultative committee, the absence of any provision in this respect in article 70 shows that in the transport sector the treaty denies … Continue reading Netherlands v ECSC High Authority: ECJ 19 Feb 1960

“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 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

Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 12 May 1959

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