EU case-law crib-sheet

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Agonese 2000

Whether requirement to present certificate of bilingualism in breach of Art. 39 Yes -- Art. 39 creates obligations on individual employers

Antonissen 1989

Whether Art. 39 extends to people seeking work, as well as those employed Yes, under a somewhat purposive interpretation of Art. 39

Arsenal vreed 2002

Case Facts : The purpose of a trademark is assure the origin of goods, and the owner of a trademark is entitled to control the way goods are sold to give effect to that assurance

Bosman 1993

Whether transfer fee between football clubs in breach of Art. 39 Yes -- Art. 39 has

direct effect

against any organization that creates rules of employment, and football players are 'workers' in the scope of Art. 39Case Facts : Bresciani (1976) Whether fees for vetinary inspection amount to 'duties or charges having equivalent effect' The 'exchange' exception to the principle that no fees of any kind are allowed only applies if domestic traders suffer the same fees as importersCase Facts : Broekmueler Whether Belgian doctor could practice in Netherlands ECJ takes a broad view of which bodies can refer under the

preliminary reference procedure

The medical certification body at issue was not a court of law, but did have an effective compulsory jurisdiciation and adversarial proceedings

Brown vsecretary of state for scotland 1988

Whether a non-UK national entitled to student grant on the basis of earlier period of employment In this case no -- although the student had been a 'worker' in the terms of the EC Treaty, his work was merely ancilliary to his course of study

The 'Buy Irish' case (1982)

Whether a campaign to encourage consumption of domestic products was a measure having equivalent effect to a quota Since the campaign was a coordinated effort to replace imported products with domestic ones, it had to be considered a restriction on importation

bulmer vbollinger 1923

When court should make an Art. 234 reference Where the question of EC law if determinative of the matter, and the answer is not already clear, and all the facts of the case have been established. Cost, and the wishes of the parties, should be considered

Cassis de dijon 1979

Whether law regulating sale of low-alchohol liqueurs could be a barrier to importation and contravene Art. 28 Yes, if that was its practical effect, even if the measure did not mention country of origin

Centrafarm vwinthrop 1973

One a product is put onto the market, intellectual property rights are exhausted within the EC. The manufacturer cannot prevent the 'grey' importation of its products in other states

Cilfit 1982

Whether tarrifs imposed on textile manufacturer in breach of Regulation National courts need not refer to the ECJ if the question of EC law is so obvious to allow of only one reasonable interpretation, or if it has already been decided, or if the answer is irrelevant to the outcomeCase Facts : Commission v Germany (1988) Whether charges levied on importers to comply with the state's obligations under EC law amounted to unlawful duties In general, any charge levied on imports is questionable; however, where the fee genuinely funds an obligation under EC law, it might be acceptableCase Facts : Commission v Greece (1988) Whether taxation unlawful if it discriminated indirectly against imports, in pursuit of valid policy objectives Humblot notwithstanding, an indirectly-discriminatory tax may be acceptable provided it is not protectionistCase Facts : Commission v Italy (1968) Whether charge levied on importers for collection of statical information amounts to a 'duty or charge having equivalent effect In principl

e, a service rendered to the importer by the state might escape classification as a duty; however, it must be a genuine business transaction, not a sham

Conegate Ltd V Customs and Excise Commissioners (1986)

Whether restriction on importation could be justified under the 'public morality' exception in Art. 30 of the EC Treaty In principle, yes; however, in this case the goods to be imported were already lawfully sold in the member state, so the restriction did not really protect public morality

costa venel1964

Whether a utility company was properly constituted according to EC law According to ECJ, national courts much give priority to EC law, even when it is in clear conflict with a fundamental principle of national law

Procureur de Roi v Dassonville (1974)

Whether requirement to supply a certificate of origin was a barrier to trade The important issue is the effect on trade of a national measure, not its purpose

Defrenne ii

Whether Art. 141 (non-discrimination) has

direct effect

Yes, but only with respect to direct and overt discriminationCase Facts : ERT (1989) Whether national monopoly on broadcasting contravenes a general principle of EC law The ECJ is prepared to give effect to the ECHR in its decisions (Art. 10 in this case)

dekker vstiching 1991

Whether discrimination on the basis of pregnancy amounted to gender discrimination Yes, on the basis that pregnancy was something that could only happen to women

duke vgecreliance 1988

Whether Directive that has been successfully employed against the state could be employed by a private individual against a private company No -- since the Directive does not have horizontal direct effect, the UK does not have an obligation to give effect to it in national courts (but see Marleasing)

Factortame i1989

Whether an injunction available to suspend an Act of Parliament The principle of 'effectiveness' of remedies under EC law dictates that an effect remedy be granted, even where to do so would contravene fundamental principles of national law

Foglio vnovello 1982

Whether validity of French import tax could be challenged under Art. 234, in a case contrived between parties who would not have standing under Art. 230 No -- this was an abuse of process

Francovitch 1991

Whether non-implementation of Directive on protection of employees upon employer's insolvency gave rise to cause of action Yes, and damages is the appropriate remedy

Garland vbrel1981

Whether reduced-price rail travel constitutes 'pay' for the purposes of Art. 141 Yes -- 'pay' is given an expansive interpretation by the ECJ

germany vcommission 1987

Scope of Commission's powers to issue legally-binding Decisions Where the


creates a duty, it is implied it creates the powers necessary to carry out that duty

grant vsouth west trains 1996

Whether Art. 141 on non-discrimination creates an obligation to treat homosexual partners as married partners No -- sexual orientation is not a gender issue

Greenpeace 1995

Whether Greenpeace had standing under Art. 230 to challenge Regulation providing for the construction of power stations No, the Plaumann test still applied, although the ECJ recognized, in principle, that different considerations could apply when the concern to the petitioner was not economic

gravier vcity of liege (1985)

Whether college could impose fees on non-nationals of the member state that would not be imposed on nationals No -- as being concerned with 'access to training', the imposition of a fee would have to satisfy the principle of non-discrimination in Art. 12

Grzlczyk 2001

Whether citizenship rights under Art. 17 entitled non-national student to rececive maintenance award Yes, to the extent that exercising a right of free movement engages non-discrimination under Art. 12

Haegeman vbelgium 1974

Whether Art. 234 could be used to question the interpretation of a treaty between the EC and Greece Yes, the treaty was an 'Act of the Council', and Acts of EC institutions were referrable

henn and darby v DPP 1981

Whether ban on importation of pornography could be justified under Art. 30 Yes, in this case, because the material was of a meta that could not lawfully be sold in the UK (see also Conegate)Case Facts : Humblot (1985) Whether a tax was unlawful if, on its face it applied equally to domestic products and imports, but had the practical effect of discriminating against imports A taxation scheme will only be lawful if it excludes all possibility of discrimination against importsCase Facts : Kremzov v Austria (1995) Whether false imprisonment is a breach of EC legislation on free movement The ECJ did not award damages against the state, because the applicant's original offence was not within the scope of EC law

internationale handelsgesellschaft (1970)

Whether EC legislation could be set aside on the basis of disproportionality The ECJ is prepared to use constitutional traditions of member states as a source of law

International fruit company (1972)

Case Facts : For the purposes of Art. 230, a Regulation is of direct and individual concern if it applies only to a fixed, closed class of individualsCase Facts : Italian art case (1968) Whether charges imposed on the export of art treasures amounted to 'duties or charges having equivalent effect' It is the substance of the charge which is important, not its form

Lawrie blum (1985)

Whether trainee teacher was a 'worker' for the purposes or Art. 39 Yes -- the amount of the renumeration was not relevant: anyone engaged in genuine economic activity for pay is a worker

Marleasing 1989

Whether private company could rely on Directive against another company Directives do not have horizontal

direct effect

but they may have an indirect effect owing to the action of Art. 10

Marshall i1986

Whether Directive on non-discrimination could be relied on by employee against employer Directives do not have

horizontal direct effect

but if the employer is an agency of the state, there may be Vertical DirectEffect

Marshall ii1993

Whether compensation awarded by UK tribunal adequate in EC law The principles of effectiveness of remedies might require a greater level of compensation than national law provides

Mc arthys vsmith 1980

Whether Art. 141, on non-discrimination, requires 'pay' to be assessed contemporaneously No, the crucial factor is the nature of the services, not when they were provided

netherlands vreed 1986

Whether an unmarried partner is a member of the 'family' of a person exercising a right to FreeMovementOfWorkers No, but such a person may obtain a right of residence on the basis that such a right is a 'social advantage' for the worker

Newstead vdepartment of transport (1985)

Whether institutional pension constitutes 'pay' for the purposes of Art. 141 No, but this decision has been eroded by many later decisions and legislationCase Facts : Nold (1973)Case Facts : The ECJ recognizes a general principle of equal treatment; ECHR can be used as a source of 'inspiration' for ECJ decisions

Plaumann 1962

Whether individual could use Art. 230 procedure against regulation which had the potential to cause loss No, 'individual concern' was limited to measures which applied to an individual because of some unique feature or circumstance

Ratti 1978

Whether Directive concerning product packaging could be relied on as defence in national court Directives do have vertical direct effect, but only once the implementation date has passedCase Facts : Regenerated oil case Whether tax on imported oil unlawful Since the tax was applies to all imports, but only some domestic production, it was not lawfulCase Facts : Rewe-Zentralfinanz (1976) Whether ECJ would stipulate a refund with interest of charges levied by the state in breach of Treaty Provided that the remedy offered is equivalent to that available for an action under national law, the ECJ will not mandate a remedy

Rhinner khun 1988

Whether sick pay consituted 'pay' for the purposes of Art. 141 Despite Newstead (pensions are not pay), sick pay was 'pay'

rv secretary of state for social security ex parte sutton 1997

Whether interest payable on unlawfully-withheld social security benfits Despite Marshall II, the ECJ would not compel national courts to pay interest on compensationCase Facts : Sagulo (1977) Whether ECJ would overrule penalty imposed by national court for breach of EC legislation Penalties imposed by national courts must be proportionate to the offenceCase Facts : SanGiorgio (1982)Case Facts : National courts must provide for the refund by the state of charges levied in breach of EC law

Spijker vcommission 1983

For the purposes of Art. 230, a Regulation should not be treated as a Decision just because the persons to whom it applies can be ascertained, if the class of affected persons is open

silhouette international 1996

Case Facts : Intellectual property rights are no 'exhausted' when goods are imported from outside the EC, so manufacturers can control whom the non-EU seller suppliesCase Facts : Stauder (1969) Whether EC legislation could be set aside as being an affront to human dignity Maybe; but there was no need in this case -- the legislation could be read down

sotgui vdeutsches bundesport 1974

'Public service' exception in Art. 39 only applies to public posts which involve exercise of discretion in matters of national importance; 'public service' is a community concept, irrespective of any meaning it might have in national lawCase Facts : Stork (1957) Whether Decision took priority over fundamental principle of German constitutional law Yes; in addition, community law recognized no general principles of law, only the Treaties

tobacco advertising case

Whether the EU had competence under Art. 95 to legislate to ban tobacco advertising EU competence is wide but not unlimited; Art. 95 is only for harmonization of laws to achieve an internal market

union de pequenos 2002

Case Facts : The ECJ does not have the powers to widen the test for standing under Art. 230. Plaumann is still the correct approach

van gend en loos 1963

Whether private company could rely on EC law on abolition of customs tarrifs Treaty provisions have DirectEffect if certain conditions are met

van duyn 1974

Whether UK government could prevent entry of worker on political grounds Individual could rely on Directive against the state -- there was implied VerticalDirectEffectCase Facts : Von Colson (1984) Whether a victim of discrimination in breach of EC Directive entitled to compensation The remedy granted by the national court must be sufficient to ensure the effectiveness of the DirectiveWalloonWasteCase1992 Whether restriction on importation of waste for disposal could be justified on environmental grounds as an exception to Art. 28 It could be justified on the basis that the measure did not discriminate against imports, but not because environmental protection was an exception to Art. 28

webb vemoair cargo 1992

Whether ECJ ruling that dismissing a pregnant woman was a breach of the Equal Treatment Directive could be applied by the UK courts in the face of conflicting statutory provision Yes, but the reasoning is tortuous

wine beer case

Whether wine and beer were in competition to the extent that they must have equivalent taxation Goods can still be regarded as 'substitutable' despite member states' artificial manipulation of consumer preferences by differential taxation

working time directive case

Whether the EU had competence under Art. 137 to regulate working time Art. 137, allowing for measures to improve health and safety, is to be interpreted broadly; working time is a health issue

EU Law