List of European Court of Justice rulings
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The following is a list of notable judgments of the
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 Un ...
.


Principles of Union Law


Direct effect


Treaties, Regulations and Decisions

*
Van Gend en Loos Van Gend & Loos was a Dutch distribution company. It was established in 1809, and was purchased by DHL in 2003. History Van Gend & Loos was established by the Antwerp-based innkeeper and carriage driver Jan-Baptist van Gend. He had marrie ...
26/62
963 Year 963 ( CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably of poison admini ...
ECR 1 "The uropean EconomicCommunity constitutes a new legal order of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
for the benefit of which the
ember An ember, also called a hot coal, is a hot lump of smouldering solid fuel, typically glowing, composed of greatly heated wood, coal, or other carbon-based material. Embers (hot coals) can exist within, remain after, or sometimes precede, a ...
States have limited their sovereign rights". "The Court ... has the jurisdiction to answer ... questions referred that ... relate to the interpretation of the treaty." * Franz Grad 9/70
970 Year 970 ( CMLXX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar, the 970th year of the Common Era (CE) and ''Anno Domini'' designations, the 970th year of the 1st millennium, the 70th yea ...
ECR-825 * Commission v Italy 39/72
973 Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – The Byzantine army, led by General Melias (Domestic of the S ...
ECR 101 * Reyners 2/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 631 * Defrenne II
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after re ...
ECR 455 * Amsterdam Bulb 50/76
977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...
ECR 137 States can provide in national legislation for appropriate sanctions which are not provided for in the regulation, and can continue to regulate various related issues which are not covered in the regulation * Zaera 126/86 987ECR 3697 * Azienda Agricola C-403/98 001ECR I-103 *Steinberg T-17/10
012 012 may refer to: * Tyrrell 012, a Formula One racing car * The dialing code for Pretoria Pretoria () is South Africa's administrative capital, serving as the seat of the executive branch of government, and as the host to all foreign embassie ...
625 *Sharif University T-181/13 014607


Directives

*
Van Duyn v Home Office ''Van Duyn v Home Office'' (1974) C-41/74 was a case of the European Court of Justice concerning the free movement of workers between member states. Facts Van Duyn, a Dutch national, claimed the British Government, through the Home Secreta ...
41/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 1337 * Ratti 148/78
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
ECR 1629 Member States are precluded by their failure to implement a directive properly from refusing to recognise its binding effect in cases where it is pleaded against them, thus they cannot rely on their failure to implement the directive in time. * Becker 8/81
982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tara ...
ECR 53 * von Colson 14/83
984 Year 984 ( CMLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – German boy-king Otto III (4-years old) is seized by the deposed Henry II ...
ECR 1891 * Kolpinghuis Nijmegen 80/86 987ECR 3969 There is no obligation of harmonious interpretation where the national measure, interpreted in the light of the directive, would impose
criminal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agenci ...
. * Fratelli Costanzo 103/88 989ECR 1839 * Foster C-188/89 990ECR I-3313 * Marshall v Southampton and South-West Hampshire Area Health Authority Case 152/84
986 Year 986 ( CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byz ...
ECR I-4367 * Faccini Dori C-91/92
994 Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
ECR I-3325 * CIA Security C-194/94
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ECR I-2201 * Arcaro C-168/95
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ECR I-4705 Notwithstanding the Kolpinghuis ruling, the creation of any other kind of legal disadvantage of detriment, save for criminal liability, is very well possible. * Unilever Italia C-443/98
000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
ECR I-7535 *Commission v Spain, case C-417/99, 13 September 2001: failure to designate the competent authorities and bodies responsible for implementing Directive 96/62/EC on ambient
air quality Air pollution is the contamination of air due to the presence of substances in the atmosphere that are harmful to the health of humans and other living beings, or cause damage to the climate or to materials. There are many different types ...
. Directives are to be transposed into national law "with precision, clarity and transparency".


Primacy

*
Costa v ENEL ''Flaminio Costa v ENEL'' (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member states.Hilf, Meinhard (2012). Costa v. ...
6/64 964ECR 585 Community law takes precedence over the Member States' own domestic law. * Simmenthal II 106/77
978 Year 978 ( CMLXXVIII) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated ...
ECR 629 Duty to set aside provisions of national law which are incompatible with Community law. The Court ruled that: * Marleasing C-106/89 ECR I-7321 National law must be interpreted and applied, insofar as possible, so as to avoid a conflict with a Community rule. * Factortame I C-213/89 990ECR I-2433 Duty on national courts to secure the full effectiveness of Community law, even where it is necessary to create a national remedy where none had previously existed.


Rejection of the reciprocity principles of general international law

* Commission v. Luxembourg and Belgium, joined cases 90 and 91/63 964ECR 625 " he defendants'view, … international law allows a party, injured by the failure of another party to perform its obligations, to withhold performance of its own … However, this relationship between the obligations of parties cannot be recognized under Community law ... The treaty is not limited to creating reciprocal obligations ... but establishes a new legal order ... e basic concept of the treaty requires that the Member States not take the law into their own hands."


Fundamental rights

*Stauder 29/69
969 Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
ECR 419 "Fundamental rights reenshrined in the general principles of Community law and protected by the Court." * Internationale Handelsgesellschaft 11/70
970 Year 970 ( CMLXX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar, the 970th year of the Common Era (CE) and ''Anno Domini'' designations, the 970th year of the 1st millennium, the 70th yea ...
ECR 1125 Fundamental rights are an integral part of the general principles of law the observance of which the Court ensures. * Nold 4/73
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 491, §13 When protecting fundamental rights, "the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognised and protected by the Constitutions of those States." The Court can also draw on international human rights treaties to which Member States have collaborated or are signatories. * Carpenter C-60/00
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
ECR I-6279 Fundamental rights affect the scope and application of Community law. In Carpenter, the Court weaved principles of respect for family and private life from Article 8 of the European Convention on Human Rights into its analysis of the rights of Union citizens. It concluded that the right of a minor child to reside in a Member State under Community law brought with it a corollary right for his mother to reside there as well. *
Test Achats vs Council of Ministers ''Association belge des Consommateurs Test-Achats ASBL v Conseil des ministres'' (2011C-236/09is a decision of the European Court of Justice which invalidated a provision of Directive 2004/113/EC of the European Union which permitted the continen ...
The legislative organs of the union cannot make laws which allow private sector organisations to discriminate on the grounds of gender even if such discrimination is based on ''relevant and accurate actuarial and statistical data''. *Minister voor Immigratie en Asiel C-199/12 013720


Law of the institutions


Acts

*Mandelli 3/67
968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
ECR 25 Acts of the European institutions must be supported by sufficient reasoning, the validity of which shall be examined by the Court.


Legislative process

* Variola 34/73
973 Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – The Byzantine army, led by General Melias (Domestic of the S ...
ECR 981 * Roquette Frères v Council 138/79 980ECR 3333 * Germany v Commission 24/62
963 Year 963 ( CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably of poison admini ...
ECR 131 * Tariff Preferences case 45/86 987ECR 1493 * Beus 5/67
968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
ECR 83 * Tobacco Advertising case C-376/98
000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
ECR I-8419 * Opinion 2/94
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ECR I-1759 The European Community does not have the power under the treaties to accede to the
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 t ...
. * Parliament v Council C-65/93
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...
ECR I-643


Liability

* Plaumann v Commission 25/62
963 Year 963 ( CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably of poison admini ...
ECR 199 The Plaumann test sets out the criteria for non-privileged applicants to prove individual concern: 'Applicants must show that the decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed.' * Codorníu v Council C-309/89
994 Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
ECR I-1853 In this case the court took a more liberal approach than the restrictive Plaumann test for establishing individual concern, which was, however, not followed in judgements thereafter.


Interim orders

Article 186 of the Treaty of Rome stated that the Court "may, in any cases referred to it, make any necessary interim order". Article 39 of the
Treaty of Nice The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty (or the Treaty on European Union) and the Treaty of Rome (or the Treaty establishing the European Co ...
's ''Protocol on the Statute of the Court of Justice'' (2001) states that "the President of the Court may, by way of summary procedure ... prescribe interim measures in pursuance of Article 243 of the EC Treaty or Article 158 of the EAEC Treaty". In ''Commission of the European Communities v Kingdom of Belgium'' (1994), the president dismissed an application for interim measures submitted by the commission on 11 March 1994 because the commission had "not displayed the diligence to be expected". The commission had been aware of an alleged breach of the procurement directives in October 1993, and had referred on 8 February 1994 to its "intention" to seek the suspension of a public supplies contract, but did not apply for an interim order until 11 March 1994.


Competition

Leading cases on competition law include '' Consten & Grundig v Commission'' and '' United Brands v Commission''. *Case C-231/03: Coname v Comune di Cingia de' Botti in Italy (competition and free movement of persons). The court established that transparency obligations apply to the award of a concession for the management of the public
gas Gas is one of the four fundamental states of matter (the others being solid, liquid, and plasma). A pure gas may be made up of individual atoms (e.g. a noble gas like neon), elemental molecules made from one type of atom (e.g. oxygen), or ...
distribution service. *Case C-501/06 P: GlaxoSmithKline Services and Others v Commission and Others, joined with cases C-513/06 P, C-515/06 P and C‑519/06 P: four appeals brought under Article 56 of the Statute of the Court of Justice, 2006, regarding Article 81 of the Treaty of Rome. *Simba Toys T-450/09 014983 *Anti-competitive behaviour and concerted practices in the international
air freight Air cargo is any property carried or to be carried in an aircraft. Air cargo comprises air freight, air express and airmail. Aircraft types Different cargo can be transported by passenger, cargo or combi aircraft: * Passenger aircraft use the ...
forwarding services market: **Case C-261/16: P Kuhne + Nagel International and others v European Commission, regarding a
cartel A cartel is a group of independent market participants who collude with each other in order to improve their profits and dominate the market. Cartels are usually associations in the same sphere of business, and thus an alliance of rivals. Mos ...
agreeing surcharges on
export An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an ...
declarations, referred to as the "new export system" cartel **Case C-263/16: P Schenker v Commission **Case C-264/16: P
Deutsche Bahn The (; abbreviated as DB or DB AG) is the national railway company of Germany. Headquartered in the Bahntower in Berlin, it is a joint-stock company ( AG). The Federal Republic of Germany is its single shareholder. describes itself as the se ...
and others v Commission **Case C-271/16: P Panalpina World Transport (Holding) and others v Commission ::- judgments issued collectively on 1 February 2018. The other cartels referred to in the judgment were those known as the "advanced manifest system" cartel, the "peak season surcharge" cartel and the "currency adjustment factor" cartel.


Data protection

*Case C-362/14 – Maximillian Schrems v
Data Protection Commissioner The Office of the Data Protection Commissioner (Irish: An Coimisinéir Cosanta Sonraí) (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to ...
, reference for a preliminary ruling from the
High Court of Ireland The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judg ...
made on 25 July 2014, published 6 October 2015.


Employment

*Case C-186/83: Arie Botzen and others v Rotterdamsche Droogdok Maatschappij BV, leading case on the meaning of "assignment" in relation to the part of an undertaking or business to which mployeesare "assigned" to carry out
heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officiall ...
duties for purposes of the
TUPE The Transfer of Undertakings (Protection of Employment) Regulations 2006 known colloquially as TUPE and pronounced , are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK la ...
directive. *Case C-24/85,
Spijkers v Gebroeders Benedik Abattoir CV ''Spijkers v Gebroeders Benedik Abattoir CV'' (1986) C-24/85 is a Dutch and EU labour law case concerning transfers of undertakings, and the job security rights of employees. Facts Mr Spijkers worked for a slaughterhouse owned by Colaris in Ubac ...


External relations

* Commission v Council relating to the European Road Transport Agreement (ERTA),
971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...
ECR 263


External trade

*Portugal v Council, case C-149/96: application made by the
government of Portugal The Government of Portugal is one of the four sovereignty bodies of the Portuguese Republic, together with the President of Portugal, President of the Republic, the Assembly of the Republic (Portugal), Assembly of the Republic and Judiciary of Port ...
for the annulment of Council Decision 96/386/EC of 26 February 1996 concerning the conclusion of Memoranda of Understanding between the European Community and the
Islamic Republic of Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
(signed 31 December 1994) and between the European Community and the
Republic of India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
(signed 15 October 1994) on arrangements in the area of
market access In international trade, market access is a company's ability to enter a foreign market by selling its goods and services in another country. Market access is not the same as free trade, because market access is normally subject to conditions or req ...
for
textile Textile is an umbrella term that includes various fiber-based materials, including fibers, yarns, filaments, threads, different fabric types, etc. At first, the word "textiles" only referred to woven fabrics. However, weaving is not the ...
products. Among other concerns, the Portuguese government argued that the principle of transparency had been breached,Prechal, S. and de Leeuw, M. (2007)
"Dimensions of Transparency: The Building Blocks for a New Legal Principle?"
''Review of European and Administrative Law'', Vol. 0, No. 1, pp. 51-61
because the contested decision approved Memoranda of Understanding which were "not adequately structured and are drafted in obscure terms which prevent a normal reader from immediately grasping all their implications, in particular as regards their retroactive application".European Court of Justice
Case C-149/96 Portugal v Council
accessed 10 June 2021
In support of this plea, Portugal relied on a European Council resolution of 8 June 1993 on the quality of drafting of Community legislation. In this respect, the Court ruled that the 1993 resolution had no binding effect and that in any case, "the decision appears to be clear in every aspect".


Intellectual property rights

*Joined cases C-446/09 and C-495/09 concerned the interpretation of EU legislation governing action by customs authorities against possible infringements of
intellectual property rights Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
when suspected goods were within the EU for "external transit" purposes. *In
SAS Institute Inc v World Programming Ltd The SAS Institute, creators of the SAS System filed a lawsuit against World Programming Limited, creators of World Programming System (WPS) in November 2009. The dispute was whether World Programming had infringed copyrights on SAS Institute Pr ...
. (C-406/10), the court ruled that
copyright protection A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
does not extend to
software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists ...
functionality, the programming language used, or the format of the data files used by a software program.


Internal market


Free movement of goods


Definition of "goods"

* Commission v Italy ("Italian Art") 7/68
968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
ECR 423 'Goods' are "products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions". * Commission v Belgium C-2/90
992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...
ECR I-4431 "Waste, whether recyclable or not, is to be regarded as 'goods'."


Customs duties and equivalent charges

Articles 23 and 25 EC prohibit as between Member States all "customs duties on imports and exports and of all charges having equivalent effect". The prohibition in Article 25 also applies to customs duties of a fiscal nature. * Commission v Italy ('Italian statistical data') 24/68
969 Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
ECR 193 Customs charges are prohibited because "any pecuniary charge, however small, imposed on goods by reason of the fact that they cross a frontier constitutes an obstacle to the movement of such goods." * Diamantarbeiders 2/69 and 3/69
969 Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
ECR 211 A charge having equivalent effect to a customs duty is "any pecuniary charge however small and whatever its designation and mode of application which is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier and which is not a customs duty in the strict sense." This is the case "even if it is not imposed for the benefit of the State ndis not discriminatory or protective in effect, or if the product on which the charge is imposed is not in competition with any domestic product." * Bresciani 87/75
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after re ...
ECR 129 Charges imposed for a public health inspection carried out on the entry of goods to a Member State can be a charge having equivalent effect to a customs duty. It was not important that the charges were proportionate to the costs of the inspection, nor that such inspections were in the public interest. * Commission v Germany 18/87 988ECR 5427 A charge for a service will not be regarded as a customs duty where it: (a) does not exceed the cost of the service, (b) that service is obligatory and applied uniformly for all the goods concerned, (c) the service fulfills obligations prescribed by Community law, and (d) the service promotes the free movement of goods in particular by neutralising obstacles which may arise from unilateral measures of inspection.


Indirect taxation

Article 110 EC prevents any Member State from imposing, "directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products". This prohibition also extends to "internal taxation of such a nature as to afford indirect protection to other products". * Humblot 112/84
985 Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...
ECR 1367


Quantitative restrictions

Article 34 EC bans "quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States", the same provision in respect of exports is found in Article 35 EC. * Geddo v Ente 2/73
973 Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – The Byzantine army, led by General Melias (Domestic of the S ...
ECR 865 Quantitative restrictions are "measures which amount to a total or partial restraint of, according to the circumstances, imports, exports or goods in transit."


=Measures having Equivalent effect to a Quantitative Restriction (MEQRs)

= * Procureur du Roi v Dassonville 8/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 837 The following are prohibited as Measures having Equivalent effect to a Quantitative Restriction (MEQRs): "all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade." * Commission v Ireland 249/81
982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tara ...
ECR 4005 * Commission v UK 207/83
985 Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...
ECR 1201


= Justification

= Article 36 EC exempts quantitative restrictions which are justified on grounds of "public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property". The restrictions must not, in any case, "constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States". *
Cassis de Dijon Cassis (; Occitan: ''Cassís'') is a commune situated east of Marseille in the department of Bouches-du-Rhône in the Provence-Alpes-Côte d'Azur region, whose coastline is known in English as the French Riviera, in Southern France. In 2016, ...
120/78
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
ECR 649 * Henn and Darby 34/79
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
ECR 3795 *Keck and Mithouard C-267/91 and C-268/91
993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
ECR I-6097 * Torfaen Borough Council C-145/88 989ECR 3851


Free movement of persons


Workers

* Hoekstra 75/63 964ECR 347 * Sotgiu 152/73
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 153 * Van Duyn 41/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 1337 * Levin 53/81
982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tara ...
ECR 1035 * Lawrie-Blum 66/85
986 Year 986 ( CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byz ...
ECR 2121 * Bettray 344/87 989ECR 1621 * Trojani C-456/02 004ECR I-07573 * Groener C-379/87 989ECR 3967 * Antonissen C-292/89
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...
ECR I-745 * Bosman C-415/93
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...
ECR I-4921 * Angonese C-281/98
000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
ECR I-4139


Citizenship

* Grzelczyk C-184/99 001ECR I-6193 * Garcia Avello C-148/02
003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...
ECR I-11613 * Collins C-138/02 004ECR I-2703 * Zhu and Chen C-200/02 004ECR I-9925 * Metock and Others C-127/08
008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...
ECR I-6241 *Libert ''et al'' v Gouvernement flamand (
Flemish Government The Flemish Government ( nl, Vlaamse regering ) is the executive branch of the Flemish Community and the Flemish Region of Belgium. It consists of a government cabinet, headed by the Minister-President and accountable to the Flemish Parliament, a ...
), Case C-197/11, found that a decree of the
Flemish Region The Flemish Region ( nl, Vlaams Gewest, ),; german: Flämische Region usually simply referred to as Flanders ( nl, link=no, Vlaanderen ) ; german: link=no, Flandern is one of the three regions of Belgium—alongside the Walloon Region and t ...
dated 27 March 2009 on land and real estate, which restricted transfer of certain land to persons with a "sufficient connection" with the local community, breached the
Citizens' Rights Directive The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) a ...
, 2004/38/EC. The case was joined with case C-203/11.


Freedom of establishment and to provide services


Establishment

* Reyners 2/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 631 * Thieffry 71/76
977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...
ECR 765 * Factortame II C-221/89
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...
ECR I-3905 * Vlassopoulou 340/89
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...
ECR 2357 *Centros C-212/97
999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...
ECR I-1459 *Überseering C-208/00
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
ECR I-9919 * Joined cases C-186/11 and C-209/11 Stanleybet et al. v. Organismos prognostikon agonon podosfairou AE (
OPAP OPAP – Greek Organisation of Football Prognostics S.A. ( el, ΟΠΑΠ – Οργανισμός Προγνωστικών Αγώνων Ποδοσφαίρου Α.Ε.) is a Greek company organizing and conducting games of chance. It is headquarter ...
) regarding OPAP's monopoly betting licence under Greek national law.


Services

* van Binsbergen 33/74
974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
ECR 1299 * Cowan 186/87 989ECR 195 *Rush Portuguesa C-113/89 990ECR I-1417 * Gebhard C-55/94
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...
ECR I-4165 * '' Bosman'' C-415/93
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...
ECR I-4921 *Case C-393/05, Commission v Austria, concerning the Austrian requirement that every inspection body in the field of
organic agriculture Organic farming, also known as ecological farming or biological farming,Labelling, article 30 o''Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and re ...
with a registered office outside Austria must also maintain an office inside Austria. The Court held that this requirement was a disproportionate restriction on freedom to provide services. *Case C-434/15, Asociación Profesional Elite Taxi v Uber Systems Spain SL: the service provided by Uber connecting individuals with vehicle drivers is to be classified as a service in the field of transport.


Jurisdiction and the recognition and enforcement of judgments

*Marco Gambazzi v DaimlerChrysler Canada Inc. and CIBC Mellon Trust Company, Case C–394/07, concerned implementation of the public policy clause of the
Brussels Convention Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
(now the Brussels I Regulation). In this case, the court ruled that the Italian courts (and potentially other courts of member states) could decline to enforce a
default judgment Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear ...
entered against Mr Gambazzi in the UK courts if, following a "comprehensive assessment of the proceedings", the court considered that the default judgment in the absence of the defendant "constituted a manifest and disproportionate infringement of is
right to be heard The right to be heard (also children's participation) is a child rights principle as defined by the UN Convention on the Rights of the Child. According to Article 12 of the convention, children have the right to express their views in all matters ...
". *Car Trim GmbH v KeySafety Systems SrL (case C-381/08) and Electrosteel Europe sa v Edil Centro SpA, (case C-87/10): two linked cases regarding the place of "performance" of a contractual obligation, which may be used to determine the national court with jurisdiction in a civil or commercial matter. This will in general be the place of delivery in relation to a contract for the sale of goods. These cases looked at situations where goods were made available for delivery to a purchaser in another member state. The terms of the contract should first be considered to determine where "delivery" is to take place, but if this is not possible (not knowing which member state's substantive
contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
is to apply), the place where goods are physically handed over to the purchaser or their agent will determine the place of performance. *Pammer v. Karl Schlütter GmbH & Co. KG (case C-585/08) and Hotel Alpenhof v. Mr. Heller (case C-144/09), 2010: see Pammer and Alpenhof cases


Procurement procedures of entities operating in the water, energy, transport and postal services sectors

*Case C-394-02: Commission of the European Communities v Hellenic Republic. Circumstances following an
environmental impact assessment Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental imp ...
with a deadline for implementation did not qualify as "extreme urgency" for the purposes of justifying a negotiated contract being agreed without advertising an opportunity for other companies to express interest. See Public Power Corporation#Legal issues. *Case C-206/08: Wasser- und Abwasserzweckverband Gotha und Landkreisgemeinden (WAZV
Gotha Gotha () is the fifth-largest city in Thuringia, Germany, west of Erfurt and east of Eisenach with a population of 44,000. The city is the capital of the district of Gotha and was also a residence of the Ernestine Wettins from 1640 until the ...
) v Eurawasser Aufbereitungs- und Entsorgungsgesellschaft mbH. Ruled in relation to a contract for the supply of services, that "the fact that the supplier does not receive
consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...
directly from the contracting authority, but is entitled to collect payment under
private law Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...
from third parties, is sufficient for the contract in question to be categorised as a 'service concession' within the meaning of Article 1(3)(b) of Directive 2004/17/EC of the European Parliament and of the council of 31 March 2004".


Public procurement

*Case 31/87 Gebroeders Beentjes BV v State of the Netherlands on the interpretation of Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts: a "social consideration" such as a condition relating to the employment of long-term unemployed persons is compatible with the public works directive if it has no direct or indirect discriminatory effect on tenderers from other Member States of the Community.Gebroeders Beentjes BV v State of the Netherlands
accessed 29 May 2021
*Case C-107/92 Commission v Italian Republic – an urgent need had arisen to construct an avalanche barrier in the Alpe Gallina region near Colle Isarco and Brenner in the
South Tyrol it, Provincia Autonoma di Bolzano – Alto Adige lld, Provinzia Autonoma de Balsan/Bulsan – Südtirol , settlement_type = Autonomous province , image_skyline = , image_alt ...
, following publication of a
geological Geology () is a branch of natural science concerned with Earth and other astronomical objects, the features or rocks of which it is composed, and the processes by which they change over time. Modern geology significantly overlaps all other Eart ...
report in June 1988 recommending in advance of the 1988-89 winter. The Italian government appointed a contractor without advertising in the
Official Journal of the European Communities An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
on the grounds of urgency, but the European Commission argued, and the Court agreed, that there was sufficient time to advertise the works opportunity under the accelerated procedure as defined in section 15 of the Directive on Public Works Contracts (Directive 71/305/EEC). *Case C-97/94, Commission v Belgium: contracting authorities have "a degree of choice" as to which procurement procedure they follow for each procurement exercise, but "once they have issued an
invitation to tender An invitation to tender (ITT, otherwise known as a call for bids or a request for tenders) is a formal, structured procedure for generating competing offers from different potential suppliers or contractors looking to obtain an award of business ...
under one particular procedure, they are required to observe the rules applicable to it until the contract has been finally awarded". In this case, brought by the Commission of the European Communities against the Kingdom of Belgium, the Belgian government argued that although this tender for the supply of buses for public transport in the
Walloon region Wallonia (; french: Wallonie ), or ; nl, Wallonië ; wa, Waloneye or officially the Walloon Region (french: link=no, Région wallonne),; nl, link=no, Waals gewest; wa, link=no, Redjon walone is one of the three regions of Belgium—alo ...
had been issued using the "Open Procedure", the "negotiated procedure" could have been used instead. The court stated that subsequently changing the procedure in order to negotiate (or accept further post-tender information) was not permitted. *Case C-225/98 Commission v French Republic – ruled that the
Nord-Pas-de-Calais Nord-Pas-de-Calais (); pcd, Nord-Pas-Calés); is a former administrative region of France. Since 1 January 2016, it has been part of the new region Hauts-de-France. It consisted of the departments of Nord and Pas-de-Calais. Nord-Pas-de-Cala ...
region and the Département du Nord had failed to fulfil their legal obligations through the use of employment criteria in the technical specification used when contracting for the construction and maintenance of school buildings. However, the court ruled that where a contracting authority had to assess two or more economically equivalent bids, they could adopt employment opportunities as an "accessory criterion" as long as the use of this criterion was not discriminatory. *Case C-237/99 Commission v French Republic – ruled that the French public housing institutions, ''offices publics d'aménagement et de construction'' (OPAC, public development and construction entities) and ''societes anonymes habitations à loyer modéré'' (SA HTMs, low-rent housing corporations) met the criteria in the then-applicable public works contracts directive (Council Directive 93/37/EEC) for being treated as a "body governed by public law" according to article 1(b) of the directive: :*a body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, :*having legal personality, and :: ither::*financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law, or ::*subject to management supervision by those bodies, or ::*having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law. Accordingly they were subject to the obligation to publish relevant above-threshold contracts in the
Official Journal of the European Communities An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
. *Case C-444/06 Commission v. Spain: the Spanish public procurement rules did not adequately transpose the requirements of Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992. However, in regard to some provisions in Spanish law intended to preserve the effects of a contract subject to an administrative declaration of invalidity and to maintain continuity of public service provision, the Court found that the commission had not demonstrated that the legislation undermined the requirements of the review directive. *Case C‑450/06, Varec SA v Belgian State, 14 February 2008: a review body must ensure that confidentiality and business secrecy are respected. The review body itself is responsible for determining how this can best be done whilst also providing effective legal protection and respecting the rights of the parties to the dispute under review to conduct their defence. *Case C-599/10, SAG ELV Slovensko a.s. and others v Úrad pre verejné obstarávanie, referral from the ''Najvyšší súd Slovenskej republiky'' ( Supreme Court of the Slovak Republic). In a case where a tender is imprecise or does not meet the technical requirements of the specification, there is no obligation to consult the tenderer or to ask for a clarification, and to do so would conflict with the principle of equal treatment of tenderers. There is a duty to request clarification of an abnormally low price and in this case the contracting authority "must set out clearly its request for clarification". *Case C-182/11, Econord SpA v Comune di Cagno ''et al.'', 29 November 2012: control "similar to the control which local authorityexercises over its own departments" is maintained where the authority holds capital in a public entity and also plays "a role in its managing bodies".Court of Justice of the European Communities
Econord SpA v Comune di Cagno (C-182/11) (2012) EUECJ C-182/11 (29 November 2012)
accessed 11 June 2021
Joined case with case C-183/11. *Case C-552/13, Grupo Hospitalario Quirón SA v Departamento de Sanidad del
Gobierno Vasco The Basque Government ( eu, Eusko Jaurlaritza, es, Gobierno Vasco) is the governing body of the Basque Autonomous Community of Spain. The head of the Basque government is known as the ''Lehendakari''. The Lehendakari is appointed by the Basque P ...
and Instituto de Religiosas Siervas de Jesús de la Caridad, confirmed that the 2004 Directive on Public Procurement did not permit a tender for medical services to state as a requirement that the proposed services must be provided within the boundaries of a particular locality, in this case the municipality of Bilbao. A more general proximity requirement in the specification, more easily justifiable, was not criticised by the court. *Case T-4/13 - Communicaid Group Ltd. v European Commission, a case in the
General Court of the European Union The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member stat ...
. Communicaid, a London-based language-training company challenged a procurement award decision made by the Commission and requested that the proposed contract award be suspended. The challenge was dismissed as Communicaid had failed to establish why urgent measures were required. *Case C-413/17 – Roche Lietuva, related to the detailed formulation of technical specifications.


Social policy

*Defrenne III C-149/77
978 Year 978 ( CMLXXVIII) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated ...
ECR 1365: the scope of article 119 does not extend beyond equal pay, but the elimination of sex discrimination is a fundamental principle of Community law. *
Bundesdruckerei Bundesdruckerei ("Federal Press", short form: BDr) produces documents and devices for secure identification and offers corresponding services. It is based in the Berlin district of Kreuzberg. In addition to complete passport and ID card syste ...
v. Stadt Dortmund, Case C-549/13: the City of Dortmund could not require tenderers for a document digitalisation contract to commit to paying German minimum wage levels to the workforce when they were intending to
sub-contract A subcontractor is an individual or (in many cases) a business that signs a contract to perform part or all of the obligations of another's contract. Put simply the role of a subcontractor is to execute the job they are hired by the contractor ...
the performance of the contract to a firm based in
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
outside the scope of the German minimum wage law.


State liability

* Francovich and Bonifaci C-6/90 and C-9/90
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...
ECR I-5357 * Brasserie du Pêcheur / Factortame III C-46/93 and C-48/93
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ECR I-1029 * British Telecom C-392/93
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ECR I-1631 * Faccini Dori C-91/92
994 Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
ECR I-3325 * Köbler C-224/01
003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...
ECR I-10239 *ClientEarth C-404/13 0142382 *Elisabeta Dano and Florin Dano C-333/13 0142358


Taxation


Value added tax

*C-97/90 – Lennartz v Finanzamt München III: reference for a preliminary ruling on VAT paid on the purchase of capital goods. *Axel Kittel & Recolta Recycling SPRL (cases C-439/04 and C-440/04, issued 6 July 2006) (known as ''Kittel''), a
missing trader fraud Missing trader fraud (also called missing trader intra-community fraud or MTIC fraud) involves the theft of Value Added Tax (VAT) from a government by fraudsters who exploit VAT rules, most commonly the European Union VAT rules which provide th ...
case. Under the Kittel ruling, "the right to claim input tax could be denied to anyone in the
supply chain In commerce, a supply chain is a network of facilities that procure raw materials, transform them into intermediate goods and then final products to customers through a distribution system. It refers to the network of organizations, people, acti ...
if the trader knew or should have known that their transactions were connected with VAT fraud".


VAT groups

Taxation barrister Philip Simpson refers to "the three main ECJ cases" on VAT groups as: *Case C-162/07, ''Ampliscientifica and Amplifin v. Ministero dell’Economia e delle Finanze'', (2008, Italy) ECR I-4019: Italy had failed to consult the EU's VAT Committee in accordance with Article 11 of the Sixth VAT Directive *Case C-7/13 '' Skandia America Corp (USA) v. Skatteverket'' (the
Swedish Tax Agency The Swedish Tax Agency ( sv, Skatteverket) is a government agency in Sweden responsible for national tax collection and administering the population registration. The agency was formed on 1 January 2004 through the merger of the Swedish Nationa ...
), 14 September 2014 *Cases C-108/14 and C-109/14 (conjoined), ''Larentia + Minerva'' and ''Marenave'', 16 July 2015.Simpson, P.
VAT Groups: recent cases and proposals for reform
Old Square Tax Chambers, section 7, 1 March 2016, archived 3 February 2021, accessed 11 November 2022
A separate ruling is Case C-355/06, ''van der Steen'' (2007), a case which Simpson refers to as "not terribly clear".


Fifty-seven pre-accession cases

The following is the official list of fifty-seven cases that were translated in preparation for new member states who joined the European Union in 2004.Official list of 57 cases o

/ref> The list below contains fifty case names, because some cases were joined. *'' NV Algemene Transport- en Expeditie Onderneming van Gend & Loos v Nederlandse administratie der belastingen'' (1963) Case 26/62 *'' Plaumann & Co. v Commission'' (1963) Case 25/62 *'' Flaminio Costa v E.N.E.L.'' (1964) Case 6/64 *'' Établissements Consten S.à.R.L. and Grundig-Verkaufs-GmbH v Commission'' (1966) Case 56-58/64 *'' Commission v Council'' (1971) Case 22/70 *'' Aktien-Zuckerfabrik Schöppenstedt v Council'' (1971) Case 5/71 *'' Jean Reyners v Belgian State'' (1974) Case 2/74 *'' Procureur du Roi v Benoît in Gustave Dassonville'' (1974) Case 8/74 *'' Yvonne van Duyn v Home Office'' (1974) Case 41/74 *'' Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena'' (1976) Case 43/75 *''
Amministrazione delle Finanze dello Stato v Simmenthal SpA ''Amministrazione delle Finanze v Simmenthal SpA'' (1978) Case 106/77 is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Bolton_Group#Brands, Simmenthal SpA imported beef from France i ...
'' (1978) Case 106/77 *''
Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein ''Rewe-Zentral v Bundesmonopolverwaltung für Branntwein'' (1979) Case C-120/78, popularly known as Cassis de Dijon after its subject matter, is an EU law decision of the European Court of Justice. The Court held that a regulation applying to bo ...
'' (1979) Case 120/78 *''
Liselotte Hauer v Land Rheinland-Pfalz Liselotte is a feminine given name which may refer to: *childhood name of Elizabeth Charlotte, Madame Palatine, Elizabeth Charlotte, Princess Palatine (1652–1722), German princess, sister-in-law of King Louis XIV of France, and prolific letter wr ...
'' (1979) Case 44/79 *'' SA Roquette Frères v Council'' (1980) Case 138/79 *'' Commission v Belgium'' (1980) Case 149/79 *'' Ursula Becker v Finanzamt Münster-Innenstadt'' (1982) Case 8/81 *'' France, Italy and United Kingdom v Commission'' (1982) Cases 188-190/80 *'' Srl CILFIT et Lanificio di Gavardo SpA v Ministero della sanità'' (1982) Case 283/81 *'' Sabine von Colson in Elisabeth Kamann v Land Nordrhein-Westfalen'' (1984) Case 14/83 *'' Parti écologiste “Les Verts” v Parliament'' (1986) Case 294/83 *'' Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary'' (1986) Case 222/84 *'' Commission v Germany'' (1987) Case 178/84 *'' Commission v Council'' (1987) Case 45/86 *'' Foto-Frost v Hauptzollamt Lübeck-Ost'' (1987) Case 314/85 *'' Pascal Van Eycke v Société anonyme ASPA'' (1988) Case 267/86 *'' Hoechst AG v Commission'' (1989) Cases 46/87 and 227/88 *'' Parliament v Council'' (1990) Case C-70/88 *''
R v Secretary of State for Transport, ex parte Factortame Ltd R, or r, is the eighteenth Letter (alphabet), letter of the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabe ...
'' (1990) Case C-213/89 *'' Zuckerfabrik Süderdithmarschen AG v Hauptzollamt Itzehoe and Zuckerfabrik Soest GmbH v Hauptzollamt Paderborn'' (1991) C-143/88 in C-92/89 *'' Andrea Francovich in Danila Bonifaci v Italy'' (1991) C-6/90 in C-9/90 *''
Opinion of the Court under article 288 An opinion is a judgment, viewpoint, or Proposition, statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjectivity, subjective matters in which there is no conclusive findi ...
'' (1991) Opinion 1/91 *'' Telemarsicabruzzo SpA v Circostel in Ministero delle Poste e Telecomunicazioni in Ministero della Difesa'' (1993) C-320/90, C-321/90 in C-322/90 *'' Bernard Keck and Daniel Mithouard'' (1993) C-267/91 and C-268/91 *'' Paola Faccini Dori v Recreb Srl'' (1994) Case C-91/92 *'' Competence of the Community to conclude international agreements concerning services and the protection of intellectual property'' (1994) Opinion 1/94 *'' Alpine Investments BV v Minister van Financiën'' (1995) Case C-384/93 *'' Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano'' (1995) Case C-55/94 *'' Union royale belge des sociétés de football association ASBL v Jean-Marc Bosman'' (1995) Case C-415/93 *'' Brasserie du Pêcheur SA v Bundesrepublik Deutschland and R v Secretary of State for Transport, ex parte: Factortame Ltd'' (1996) C-46/93 and C-48/93 *'' Community accession to the Convention for the Protection of Human Rights and Fundamental Freedoms'' (1996) Opinion 2/94 *'' CIA Security International SA v Signalson SA and Securitel SPRL'' (1996) Case C-194/94 *'' Hellmut Marschall v Land Nordrhein-Westfalen'' (1997) Case C-409/95 *'' Commission v France'' (1997) Case C-265/95 *'' Inter-Environnement Wallonie ASBL v Région wallonne'' (1997) Case C-129/96 *'' María Martínez Sala v Freistaat Bayern'' (1998) Case C-85/96 *'' A. Racke GmbH & Co. v Hauptzollamt Mainz'' (1998) Case C-162/96 *''
Centros Ltd v Erhvervs- og Selskabsstyrelsen ''Centros Ltd v Erhvervs- og Selskabsstyrelsen'' (1999C-212/97is a European company law case, concerning the right of freedom of establishment. Facts Centros Ltd, a wine import and export business, was registered in the United Kingdom and applie ...
'' (1999) Case C-212/97 *'' Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie'' (1999) Case C-67/96 *'' Dieter Krombach v André Bamberski'' (2000) Case C-7/98 *'' Germany v Parliament'' (2000) Case C-376/98


Notes


References

*
Becht, Marco, Mayer, Colin and Wagner, Hannes F., "Where Do Firms Incorporate? Deregulation and the Cost of Entry" (August 2007). ECGI – Law Working Paper No. 70/2006
(documents effect of Centros and Überseering decisions on incorporation mobility of companies)


External links



{{Legislation of the European Union Rulings