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CILFIT V Ministry Of Health
''Srl CILFIT v Ministry of Health'' (1982Case 283/81is an EU law case, concerning preliminary references to the Court of Justice of the European Union. Facts CILFIT, a wool importer, contested the amount it had paid by way of fixed health inspection levy. Appeals by CILFIT were denied, and the case reached the Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th .... In the Court of Cassation, the Ministry of Health argued that the factual circumstances of the case were so obvious as to rule out any other possible interpretation, so there would not be a need for a preliminary ruling. The Court of Cassation then referred the case to Court of Justice. Judgment The Court of Justice held that a national court of last instance is under no obligation to refer when the iss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary References
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have ''locus standi'' to litigate in the Luxembourg court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016 it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vaca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
