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Marleasing V La Comercial Internacional De Alimentacion
''Marleasing SA v La Comercial Internacional de Alimentación SA'' (1990C-106/89was a decision of the European Court of Justice concerning the indirect effect of European Community law, now European Union law. It established that the courts of European Union member states have a duty to interpret national legislation in the light of unimplemented European Union directives. Facts Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)". Spanish law at the time, Articles 1261 and 1275 of the Spanish Civil Code, stated that "contracts without cause or whose cause is unlawful have no legal effect". La Comercial argued that the action should be dismissed in its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Ruling
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] |