Schmidberger V Austria
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Schmidberger V Austria
''Eugen Schmidberger, Internationale Transporte und Planzüge v Austria'' (2003) C-112/00 is an EU law case, concerning the free movement of goods in the European Union. Facts Schmidberger, who ran a trucking company, claimed damages for loss caused by a protest group that had prevented it taking goods to Austria by lorry. Transitforum Austria Tirol organised a demonstration to block the Brenner Autobahn, A13, a transit between Northern Europe and Italy. It did so for 30 hours, in protest against the environment and health problems from the increase in movement of heavy goods on the motorway. Judgment The Court of Justice held that Austria's failure to ban the demonstration infringed article 34 and 35 TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ..., and TEU art 4(3 ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national c ...
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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 d ...
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Transitforum Austria Tirol
The Transitforum Austria Tirol is an Austrian all-party non-governmental organization, which advocates for a reduction of international through traffic on Austrian roads, for environmental, economic, and medical reasons. The initiative is primarily targeted at truck transport. The organization was founded in Tyrol, which is significantly affected by international through traffic, but later teamed up with similar groups across Austria. It is well known for its use of nonviolent direct action in campaigns, e.g. blocking motorways. A blocking of the Brenner Pass lead to the Court of Justice case ''Schmidberger v Austria.'' The Transitforum Austria Tirol and its chairman Fritz Gurgiser also voice their concerns, and often harsh criticism on politicians regularly in regional media, especially in Tyrol Tyrol (; historically the Tyrole; de-AT, Tirol ; it, Tirolo) is a historical region in the Alps - in Northern Italy and western Austria. The area was historically the core o ...
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Brenner Autobahn
The Brenner Autobahn ( it, Autostrada del Brennero or it, AutoBrennero, en, Brenner motorway) refers to a major European truck route that connects Innsbruck in Austria to Verona in northern Italy. Numbered as the A13 in the Austrian section, the motorway is relatively short and entirely located within the state of Tyrol. Upon reaching the Italy-Austria border at the Brenner Pass (), the motorway becomes A22 in Italy and runs to Verona and then to Modena, where it connects to the A1 motorway between Milan and Rome. It is part of the major European route E45. The historic Brenner Pass is the one of the lowest among the Central Eastern Alps; this favourable location was therefore suitable for building the first motorway crossing among the Alpine main chains. Unlike other higher passes across the Alps, the Brenner Pass remains open all year round. Construction of the motorway began in 1959 and the ''Brenner Autobahn'', including the Bridge of Europe (Europe's highest motorway br ...
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Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union". F ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ...
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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 di ...
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European Union Goods Case Law
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing *The European (1953 magazine), ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 *The European (newspaper), ''The European'' (newspaper), a British weekly newspaper published 1990–1998 *The European (2009 magazine), ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans ...
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2003 In Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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2003 In Austria
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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