Société Anonyme Cimenteries CBR Cementsbedrijven NV V Commission
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Société Anonyme Cimenteries CBR Cementsbedrijven NV V Commission
''Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission'' (1967Case 8/66is an EU law case, concerning judicial review in the European Union. Facts Under (what is now) TFEU article 101, the Council adopted Regulation 17, imposing fines on cartels, with exemptions for agreements that appeared economically beneficial. A restrictive agreement had to be notified to the commission, to decide if it was anti-competitive or exempt. Because this procedure took time, article 15(5) said undertakings had immunity from fines when the agreement was notified until the commission's decision. But under article 15(6) the immunity would not apply after the Commission informed undertakings of their preliminary examination. The Noordwijk Cement companies got a letter under article 15(6) saying their immunity ceased, and it brought an action to quash the decision. The Commission argued their decision was not an ‘act’ that could be quashed, and was a mere opinion. Judgment The Court of J ...
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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 court ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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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 disc ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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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 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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Noordwijk
Noordwijk () is a town and municipality in the west of the Netherlands, in the province of South Holland. The municipality covers an area of of which is water and had a population of in . On 1 January 2019, the former municipality of Noordwijkerhout became part of Noordwijk. Besides its beaches, Noordwijk is also known for its bulb flower fields. It is located in an area called the "Dune and Bulb Region" (Duin- en Bollenstreek). Noordwijk is also the location of the headquarters for the European Space Research and Technology Centre (ESTEC), part of the European Space Agency (ESA). ESA's visitors' centre Space Expo is a permanent space exhibition. Noordwijk facts * coast line * from Amsterdam * from Schiphol airport * from The Hague * from Rotterdam Airport * 14 camp sites in the region * ± 1 million overnight stays per year * Number of hotels/B&B beds: ± 3,400 * No. 2 congress destination in the Netherlands * ± 251 international congresses per year * Home to the ESA ...
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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 discu ...
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