Unión De Pequeños Agricultores
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Unión De Pequeños Agricultores
''Unión de Pequeños Agricultores v Council of the European Union'' (2002) C-50/00 P is an EU law case, concerning a judicial review of a regulation adopted by the European Union. In this case, the European Court of Justice declined to accept the preliminary opinion of the Advocate General, Francis Jacobs. Facts The ''Unión de Pequeños Agricultores'' (UPA), representing small Spanish agricultural businesses, challenged Council Regulation 1638/98, which withdrew subsidies from olive oil producers. UPA admitted the measure was a true regulation, and the applicants lacked individual concern, but argued that because it did not require implementation at national level, there was no way to challenge the action before national courts, and it would be denied effective judicial protection unless it could bring a direct action. The Court of First Instance had held that UPA had no ''locus standi Locus (plural loci) is Latin for "place". It may refer to: Entertainment * Locus (com ...
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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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Simmenthal V Commission
The Simmental ( en, Simme Valley) is an alpine valley in the Bernese Oberland of Switzerland. It expands from Lenk to Boltigen, in a more or less south-north direction (Obersimmental), and from there to the valley exit at Wimmis near Spiez it takes a west-east orientation (Niedersimmental). It comprises the municipalities of Lenk, St. Stephan, Zweisimmen, Boltigen, Oberwil, Därstetten, Erlenbach, Diemtigen and Wimmis. The Simme flows through the valley. Some villages play a role in the winter tourism of the region of Bern, such as Lenk or Zweisimmen. From Zweisimmen the resorts of Gstaad and Château-d'Œx can be reached. Further up is the Jaun Pass, which is crossed to go from Bulle to Fribourg, as well as the Hahnenmoos, which links Lenk with Adelboden , neighboring_municipalities= Diemtigen, Frutigen, Kandersteg, Lenk im Simmental, Leukerbad (VS), Sankt Stephan , twintowns= } Adelboden is a mountain village and a municipality in Switzerland, located in the Frutigen- ...
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Van Der Kooy V Commission
A van is a type of road vehicle used for transporting goods or people. Depending on the type of van, it can be bigger or smaller than a pickup truck and SUV, and bigger than a common car. There is some varying in the scope of the word across the different English-speaking countries. The smallest vans, microvans, are used for transporting either goods or people in tiny quantities. Mini MPVs, compact MPVs, and MPVs are all small vans usually used for transporting people in small quantities. Larger vans with passenger seats are used for institutional purposes, such as transporting students. Larger vans with only front seats are often used for business purposes, to carry goods and equipment. Specially-equipped vans are used by television stations as mobile studios. Postal services and courier companies use large step vans to deliver packages. Word origin and usage Van meaning a type of vehicle arose as a contraction of the word caravan. The earliest records of a van as a vehicle i ...
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Commission V Austria
''Commission v Austria '' (2005) C-147/03 is an EU law case, concerning the free movement of citizens European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ... in the European Union. Facts Austria gave access to higher education for holders of Austrian school certificates, but had higher requirements for non-Austrians. Austria said it sought to preserve the ‘homogeneity of the Austrian higher or university education system.’ It could otherwise expect many German students to attempt to enter Austria, causing ‘structural, staffing and financial problems’ (relying on '' Kohll'' (1998) C-158/96). Judgment The Court of Justice held that there was little evidence of an actual problem, and a justification based on preserving Austrian homogeneity was not valid. If there was excessive dem ...
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Johnston V Chief Constable Of The Royal Ulster Constabulary
''Johnston v Chief Constable of the Royal Ulster Constabulary'' (1986Case 222/84is a UK labour law and EU labour law case concerning sex discrimination and genuine occupational requirements. Facts Ms Johnston was made redundant when her fixed term contract was not renewed. Women were prohibited from carrying firearms. But many police duties involved carrying firearms. The Royal Ulster Constabulary argued the ban was justified because (1) they may be more frequent assassination targets (2) their guns could end in enemy hands (3) the public would object to it (4) it would hinder their jobs in social, family and children related work. Judgment The European Court of Justice held it was up to the Industrial Tribunal to determine whether art 2(2) (now art 14) applied ‘having regard to the specific duties which s Johnstonis required to carry out’ Referring to 'article 2(2) of the Directive, it should be observed that that provision, being a derogation from an individual right laid ...
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Nederlandse Antillen V Council
Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People Ethnic groups * Germanic peoples, the original meaning of the term ''Dutch'' in English ** Pennsylvania Dutch, a group of early Germanic immigrants to Pennsylvania *Dutch people, the Germanic group native to the Netherlands Specific people * Dutch (nickname), a list of people * Johnny Dutch (born 1989), American hurdler * Dutch Schultz (1902–1935), American mobster born Arthur Simon Flegenheimer * Dutch Mantel, ring name of American retired professional wrestler Wayne Maurice Keown (born 1949) * Dutch Savage, ring name of professional wrestler and promoter Frank Stewart (1935–2013) Arts, entertainment, and media Fictional characters * Dutch (''Black Lagoon''), an African-American character from the Japanese manga and anime ''Black L ...
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Plaumann & Co V Commission
''Plaumann & Co v Commission'' (1963Case 25/62is an EU law case, concerning judicial review in the European Union. Facts Plaumann & Co imported clementines. The German authorities wished to suspend custom duties on imports, but the European Commission refused permission. Mr Plaumann sought judicial review of the Commission decision. Judgment The Court of Justice held that Plaumann & Co had no standing for judicial review of the Commission decision because the firm was not "individually concerned". See also *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 valu ... Notes References * {{DEFAULTSORT:Plaumann and Co v Commission Court of Justice of the European Union case law ...
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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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