European - 1991

European Law. See also Commercial, VAT etc.

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This page lists 272 cases, and was prepared on 19 May 2014. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
Foster -v- British Gas plc [1991] 2 AC 306
1991
HL
European, Employment, Discrimination Casemap

1 Citers
The House was asked for a preliminary ruling before a referral of the case to the ECJ as to whether the applicants could rely as against the British Gas Corporation on an unimplemented Council Directive. Although the gas industry had been privatised by the time of the litigation and the rights and liabilities of the British Gas Corporation had been transferred to British Gas plc the courts had to consider the position of a nationalised industry. Held: The Corporation was a body against which the Directive could be enforced, thus overruling all the lower courts. "The principle laid down by the ECJ is that the state must not be allowed to take advantage of its own failure to comply with Community Law. The policy of the BGC which involved discrimination against women in breach of the Directive, was no doubt thought to be in the financial and commercial interests of the BGC. The advantages of that policy would accrue indirectly to the State which provided through the BGC a supply of gas for all citizens generally and which was entitled to the surplus revenue of the BGC. If the BGC were allowed to escape the consequences of an admitted breach of the Directive the State would be taking advantage of its own failure to comply with Community Law. I can see no justification for a narrow or strained construction of the ruling of the ECJ which applies to a body "under the control of the state" ............... I decline to apply the ruling of the ECJ, couched in terms of broad principle and purposive language characteristic of Community Law in a manner which is, for better or worse, sometimes applied to enactments in the United Kingdom parliament."
Regina -v- Southwark Crown Court ex parte Watts (1991) 4 Admin LR 289
1991
CA
Russell LJ
Licensing, European Casemap
1 Cites

A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the requirements of European Law and did not restrict his right of establishment. "In our judgment the scope of freedom of establishment is indicated by the provision of article [52] itself that it 'shall include the right to take up and pursue activities as self employed persons....under the conditions laid down for its own nationals by the law of the country where such establishment is effected......' There is nothing to suggest that nationals of other member States are not entitled to apply for and exercise licences on the same conditions as apply to the appellant. In so doing such nationals are not hindered by any prescribed conditions....the provisions governing licence holders apply to all of them without distinction, and there is nothing to suggest they were adopted for discriminatory purposes. .… On this topic [viz. discrimination by being disadvantaged] the judge was content to hold that `Provided a national of a member State can compete on equal terms for a stall' there is no discrimination. We agree. The Act has no discriminatory effect, and is in our judgment not incompatible with Article 52."
London County Council (General Powers) Act 1947 21 - ECTreaty 30 34 52
Hough & Apex -v- Leyland DAF Ltd [1991] ICR 696
1991
EAT
Knox J
Employment, European Casemap

EAT The employer requested a report as to contracting out their security arrangements in late 1996. The recommendation to contract out came in January 1997. After enquiries in May, a second report repeated the recommendation. Managers were consulted in August and a contract was offered in October, for the change at Christmas, The employer told the union. Meetings took place but each accepted that the question of redundancies was already decided. 29 security staff were made redundant, and their complaint under section 99 EPA was upheld by an Industrial Tribunal. They said the consultation should have commenced in May. Held: The employer's appeal failed. Knox J said: "We were also pressed on behalf of the employees with the argument that the consultations which the section requires must be meaningful: compare E. Green & Son (Castings) Ltd v Association of Scientific, Technical and Managerial Staffs [1984] ICR 352, 359H and Transport and General Workers' Union v Ledbury Preserves (1928) Ltd [1985] IRLR 412, and that the quality of the consultation formed a significant factor in leading to the industrial tribunal's decision that Leyland were in breach of section 99 as well as the timing of the consultation. On the other hand for Leyland it was submitted that although the consultation has to be genuine it does not follow as a matter of law that an employer who embarks on consultation believing that he has an unanswerable case has failed in his statutory obligation to consult. In principle we accept this latter submission but it does not, in our judgment, go to the point which we have to decide which is whether the industrial tribunal erred in law in reaching the decision that Leyland were in breach of section 99.
In our view, they asked themselves the right question that is to say 'when did Leyland propose to dismiss the security staff as redundant?' Although they did in our view make two discernible errors in the course of their decision, neither of them affects the validity of the answer which they gave to that question."
Those errors were, first a finding of fact, found by the EAT to be immaterial, which was unsupported by any evidence; the second was a self-direction by the tribunal that it was not open to them to construe section 99 in line with EC Directive 75/129/ECC.
Knox J said: "We are not persuaded that the Directive requires any construction to be adopted of the words of section 99(1) "an employer proposing to dismiss as redundant an employee" which would require a later stage in the employer's decision-making process to be identified than section 99 (1) in the context of the Act of 1975 alone would require. Whether or not an earlier stage would be appropriate does not arise for decision."
Employment Protection Act 1975 99 - EC Directive 75/129/ECC
Ballmann -v- Hauptzollamt Osnabrück (Rec 1991,p I-25) (Judgment) C-341/89; [1991] EUECJ C-341/89
15 Jan 1991
ECJ
European
[ Europa ] - [ Bailii ]
Eddelbüttel -v- Bezirksregierung Lüneburg (Rec 1991,p I-1) (Judgment) C-215/89; [1991] EUECJ C-215/89
15 Jan 1991
ECJ
European
[ Europa ] - [ Bailii ]
Gold-Ei -v- Überwachungsstelle für Milcherzeugnisse C-372/89; [1991] EUECJ C-372/89
15 Jan 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Italy (Rec 1991,p I-57) (Judgment) C-157/89; [1991] EUECJ C-157/89
17 Jan 1991
ECJ
European
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-93) (Judgment) C-334/89; [1991] EUECJ C-334/89
17 Jan 1991
ECJ
European
[ Europa ] - [ Bailii ]
SITPA -v- ONIFLHOR (Rec 1991,p I-133) (Judgment) C-27/90; [1991] EUECJ C-27/90
24 Jan 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Tomatis and Fulchiron (Rec 1991,p I-127,Summ pub ) (Judgment) C-384/89; [1991] EUECJ C-384/89
24 Jan 1991
ECJ
European
Link[s] omitted
Alsthom -v- Sulzer (Rec 1991,p I-107) (SV91-1) (Judgment) C-339/89; [1991] EUECJ C-339/89
24 Jan 1991
ECJ
European
[ Europa ] - [ Bailii ]
Latham -v- Commission (Rec 1991,p II-35) T-27/90; [1991] EUECJ T-27/90
24 Jan 1991
ECFI
European
Link[s] omitted
Latham -v- Commission (Rec 1991,p II-19) T-63/89; [1991] EUECJ T-63/89
24 Jan 1991
ECFI
European
[ Europa ] - [ Bailii ]
Commission -v- France (Rec 1991,p I-163) (Judgment) C-244/89; [1991] EUECJ C-244/89
31 Jan 1991
ECJ
European
Link[s] omitted
Parliament -v- Hanning (Rec 1991,p I-231) (Order) C-345/90
31 Jan 1991
ECJ
European
[ Europa ]
Office national de l'emploi -v- Kziber (Rec 1991,p I-199) (Judgment) C-18/90; [1991] EUECJ C-18/90
31 Jan 1991
ECJ
European
Link[s] omitted
Roux -v- Belgian State (Rec 1991,p I-273) (Judgment) C-363/89; [1991] EUECJ C-363/89
5 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Deltakabel -v- Staatssecretaris van Financiën C-15/89; [1991] EUECJ C-15/89
5 Feb 1991
ECJ
European
Europa Tax provisions - Harmonization of laws - Indirect taxes on the raising of capital - Waiver by a parent company of a claim against its subsidiary - Subjection to capital duty - Permissible (Council Directive 69/335, Art. 4(2)(b))
Where a parent company clears off a liability of a subsidiary by waiving all or part of a claim against the subsidiary, capital duty may be levied under Article 4(2)(b) of Directive 69/335 concerning indirect taxes on the raising of capital.
Owing to the taking over of all or part of the subsidiary' s losses, such a waiver represents the provision of a service which increases the assets of that company and may increase the value of its shares by helping to strengthen its economic potential.
[ Europa ] - [ Bailii ]
Trave-Schiffahrtsgesellschaft -v- Finanzamt Kiel-Nord (Rec 1991,p I-257) (Judgment) C-249/89; [1991] EUECJ C-249/89
5 Feb 1991
ECJ
European
Link[s] omitted
Williams -v- Court of Auditors; ECFI 07-Feb-1991
Rönfeldt -v- Bundesversicherungsanstalt für Angestellte (Rec 1991,p I-323) (SV91-9) (Judgment) C-227/89; [1991] EUECJ C-227/89
7 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Tagaras -v- Court of Justice (Rec 1991,p II-53) T-18/89; [1991] EUECJ T-18/89
7 Feb 1991
ECFI
European
[ Europa ] - [ Bailii ]
Nimz -v- Freie und Hansestadt Hamburg (Rec 1991,p I-297) (Judgment) C-184/89; [1991] EUECJ C-184/89
7 Feb 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-383,Summ pub ) (Judgment) C-375/89; [1991] EUECJ C-375/89
19 Feb 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-367) (Judgment) C-374/89; [1991] EUECJ C-374/89
19 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Italy -v- Commission (Rec 1991,p I-347) (Judgment) C-281/89; [1991] EUECJ C-281/89
19 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Daalmeijer -v- Sociale Verzekeringsbank (Rec 1991,P I-555) (Judgment) C-245/88
21 Feb 1991
ECJ
European
Link[s] omitted
Germany -v- Commission (Rec 1991,p I-581) (Judgment) C-28/89; [1991] EUECJ C-28/89
21 Feb 1991
ECJ
European
Link[s] omitted
G C Noij -v- Staatssecretaris Van Financien; ECJ 21-Feb-1991
Noij -v- Staatssecretaris Van Financiën (Rec 1991,P I-387) (Judgment) C-140/88
21 Feb 1991
ECJ
European
Link[s] omitted
Zuckerfabrik Süderdithmarschen and Zuckerfabrik Soest -v- Hauptzollamt Itzehoe and Hauptzollamt Paderborn [1991] E C R I-415; C-143/88
21 Feb 1991
ECJ
European Casemap

Link[s] omitted
Hcm Daalmeijer -v- Bestuur Van De Sociale Verzekeringsbank. (Social Security For Migrant Workers ) R-245/88; [1991] EUECJ R-245/88
21 Feb 1991
ECJ
European
Link[s] omitted
Zuckerfabrik Suederdithmarschen Ag -v- Hauptzollamt Itzehoe And Zuckerfabrik Soest Gmbh -v- Hauptzollamt Paderborn R-143/88; [1991] EUECJ R-143/88
21 Feb 1991
ECJ
European
Measures Adopted By The Community Institutions.
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-709) (Judgment) C-180/89; [1991] EUECJ C-180/89
26 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Spain (Rec 1991,p I-641) (Judgment) C-119/89; [1991] EUECJ C-119/89
26 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Regina -v- Immigration Appeal Tribunal, ex parte Antonissen; ECJ 26-Feb-1991
Commission -v- Italy (Rec 1991,P I-621) (Judgment) C-120/88; [1991] EUECJ C-120/88
26 Feb 1991
ECJ
European
Link[s] omitted
Commission -v- France (Rec 1991,p I-659) (SV91-43) (Judgment) C-154/89; [1991] EUECJ C-154/89
26 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Greece (Rec 1991,p I-727) (Judgment) C-198/89; [1991] EUECJ C-198/89
26 Feb 1991
ECJ
European
Link[s] omitted
Commission -v- Greece (Rec 1991,p I-691) (Judgment) C-159/89; [1991] EUECJ C-159/89
26 Feb 1991
ECJ
European
Link[s] omitted
Tsitouras and others -v- Greece (Rec 1991,p I-787) (Order) C-285/90; [1991] EUECJ C-285/90
27 Feb 1991
ECJ
European
[ Europa ] - [ Bailii ]
Bocos Viciano -v- Commission (Rec 1991,p I-781) (Order) C-126/90; [1991] EUECJ C-126/90P
27 Feb 1991
ECJ
European
Link[s] omitted
Stergios Delimitis -v- Henninger Bräu AG C-234/89; [1991] ECR I – 935; [1991] EUECJ C-234/89
28 Feb 1991
ECJ
European, Commercial Casemap
1 Citers
Europa A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access to the national market for the distribution of beer in premises for the sale and consumption of drinks. The fact that, in that market, the agreement in issue is one of a number of similar agreements having a cumulative effect on competition constitutes only one factor amongst others in assessing whether access to that market is indeed difficult. The second condition is that the agreement in question must make a significant contribution to the sealing-off effect brought about by the totality of those agreements in their economic and legal context. The extent of the contribution made by the individual agreement depends on the position of the contracting parties in the relevant market and on the duration of the agreement.
A beer supply agreement which contains an access clause, that is to say one which permits the reseller to buy beer from other Member States, is not such as to affect trade between States provided that the permission corresponds to a real possibility for a national or foreign supplier to supply the reseller with beers from other Member States. That possibility is to be assessed in the light of the wording of the clause, regard also being had to the specific effect of all the contractual clauses in their economic and legal context.
A beer supply agreement does not satisfy the conditions laid down in Article 6(1) of Regulation No 1984/83 for block exemption for this type of agreement if the drinks covered by the exclusive purchasing terms are not listed in the text of the agreement itself but are stated to be those set out in the price list of the brewery or its subsidiaries, as amended from time to time.
Where a beer supply agreement relating to premises used for the sale and consumption of drinks leased or made available to the reseller by the supplier and entailing a purchasing obligation for drinks other than beer cannot enjoy the block exemption provided for in Regulation No 1984/83 because that agreement does not meet the requirement laid down in Article 8(2)(b) of that regulation that the reseller should have the right in certain cases to obtain drinks from other suppliers, that does not necessarily mean that the whole of the contract is void under Article 85(2) of the Treaty, if only because such an agreement may qualify for exemption under another head. If anything is void, it is only those aspects of the agreement prohibited by Article 85(1). The agreement as a whole is void only if those parts do not appear to be severable from the agreement itself.
Whilst both Articles 85(1) and 86 of the Treaty and the provisions of the exemption regulations produce direct effect in relations between individuals and create rights directly in respect of the individuals concerned which the national courts must safeguard, that does not mean that national courts may extend the sphere of application of the block exemption for agreements provided for in Regulation No 1984/83 to a beer supply agreement not explicitly complying with the conditions for exemption contained in that regulation; nor may they declare Article 85(1) of the Treaty inapplicable to such an agreement under Article 85(3). A national court may, however, declare the agreement void under Article 85(2) if it is certain that the agreement could not be the subject of an exemption under Article 85(3). Otherwise, it may in any event, on the one hand, request a preliminary ruling under Article 177 of the Treaty and, on the other, contact the Commission, which, by virtue of its duty of sincere cooperation with the judicial authorities of the Member States responsible for ensuring that Community law is applied and respected in the national legal system, will supply the national court with such economic and legal information as is necessary in order to resolve the litigation before the national court and which it is in a position to provide.
EEC Treaty 85(1)
Link[s] omitted
Commission -v- Germany (Order) (Judgment) C-57/89; [1991] ECR I-883; [1991] EUECJ C-57/89
28 Feb 1991
ECJ
European, Environment
1 Citers
Europa (Order) APPLICATION for interim measures to suspend temporarily the construction work being carried out under a coastal protection project in the area of the Leybucht, pursuant to a decision of 25 September 1985 granting planning permission, in a protection area covered by Article 4(1 ) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds
Although the Member States do have a certain discretion with regard to the choice of the territories which are most suitable for classification as special protection areas pursuant to Article 4(4) of Directive 79/409 on the conservation of wild birds, they do not have the same discretion to modify or reduce the extent of such areas, which contain the most suitable environments for the species listed in Annex I, and thus unilaterally escape from the obligations imposed on them by Article 4(4) of the directive.
The power of the member States to reduce the extent of special protection areas can be justified only on exceptional grounds corresponding to a general interest which is superior to the general interest represented by the ecological objective of the directive. In that context the economic and recreational requirements referred to in Article 2 of the directive do not enter into consideration, since that provision does not constitute an autonomous derogation from the system of protection established by the directive
Link[s] omitted
Commission -v- Germany (Rec 1991,P I-825) (Judgment) C-131/88; [1991] EUECJ C-131/88; [1991 ECR 1-825
28 Feb 1991
ECJ
European, Environment

Europa Measures adopted by the Community institutions - Directives - Implementation by the Member States - Implementation of a directive without legislative action - Conditions - Existence of a general legal context which guarantees full application of the directive - Mere administrative practices inadequate. Approximation of laws - Protection of groundwater - Directive 80/68 - Need for precise transposition by the Member States. Measures adopted by the institutions - Directives - Implementation by the Member States - Reliance on measures adopted by regional or local authorities - Permissibility - Limits.
Link[s] omitted
Commission -v- Italy (Rec 1991,P I-791) (Judgment) C-360/87; [1991] EUECJ C-360/87
28 Feb 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Marchandise and others (Rec 1991,p I-1027) (SV91-87) (Judgment) C-332/89; [1991] EUECJ C-332/89
28 Feb 1991
ECJ
European
Link[s] omitted
Kormeier -v- Commission (Rec 1991,p II-125) T-124/89; [1991] EUECJ T-124/89
28 Feb 1991
ECFI
European
Link[s] omitted
Union départementale des syndicats CGT de l'Aisne -v- Conforama and others C-312/89; [1991] EUECJ C-312/89
28 Feb 1991
ECJ
European
Link[s] omitted
Giagounidis -v- Reutlingen (Rec 1991,p I-1069) (Judgment) C-376/89; [1991] EUECJ C-376/89
5 Mar 1991
ECJ
European
Link[s] omitted
Grifoni -v- EAEC (Rec 1991,P I-1045) (Judgment) C-330/88; [1991] EUECJ C-330/88
5 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
BayWa -v- Hauptzollamt Weiden (Rec 1991,p I-1095) (Judgment) C-116/89; [1991] EUECJ C-116/89
7 Mar 1991
ECJ
European
Link[s] omitted
Masgio -v- Bundesknappschaft C-10/90; [1991] EUECJ C-10/90
7 Mar 1991
ECJ
European
Link[s] omitted
Emerald Meats -v- Commission (Rec 1991,p I-1143) (Order) C-66/91
8 Mar 1991
ECJ
European
Link[s] omitted
Bodson -v- Parliament (Rec 1991,p II-133) T-10/91; [1991] EUECJ T-10/91
11 Mar 1991
ECFI
European
Link[s] omitted
Cotter and others -v- Minister for Social Welfare C-377/89; [1991] EUECJ C-377/89; [1991] ECR I-1155
13 Mar 1991
ECJ
European, Discrimination

Europa Article 4(1) of Council Directive 79/7/EEC, on the prohibition of all discrimination on grounds of sex in matters of social security, must be interpreted as meaning that if, after the expiry of the period allowed for implementation of the directive, married men have automatically received increases in social security benefits in respect of a spouse and children deemed to be dependants without having to prove actual dependency, married women without actual dependants are entitled to the same increases even if in some circumstances that will result in double payment of the increases to the same family.
Article 4(1) of Council Directive 79/7 must be interpreted as meaning that where a Member State has included in the legislation intended to implement that article, adopted after the expiry of the period allowed by the directive, a transitional provision providing for compensatory payments to married men who have lost their entitlement to an increase in their social security benefits in respect of a spouse deemed to be dependent because actual dependency cannot be shown to exist, married women in the same family circumstances are entitled to the same payments even if that infringes the prohibition on unjust enrichment laid down by national law.
[ Europa ] - [ Bailii ]
Criminal proceedings against Di Pinto (Rec 1991,p I-1189) (Judgment) C-361/89; [1991] EUECJ C-361/89
14 Mar 1991
ECJ
European
Link[s] omitted
Giant -v- Overijse (Rec 1991,p I-1385) (Judgment) C-109/90; [1991] EUECJ C-109/90
19 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Greece (Rec 1991,p I-1361) (Judgment) C-205/89; [1991] EUECJ C-205/89
19 Mar 1991
ECJ
European
Link[s] omitted
Commission -v- Netherlands (Rec 1991,p I-1381,Summ pub ) (Judgment) C-310/89; [1991] EUECJ C-310/89
19 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
F -v- Commission (Rec 1991,P I-1215) (Judgment) C-403/85
19 Mar 1991
ECJ
European
[ Europa ]
Greece -v- Commission (Rec 1991,p I-1321) (Judgment) C-32/89; [1989] EUECJ C-32/89R
19 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
France -v- Commission (Rec 1991,P I-1223) (Sv91-97) (Judgment) C-202/88; [1991] EUECJ C-202/88
19 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Belgium C-249/88; [1991] EUECJ C-249/88; [1991] ECR I-1275
19 Mar 1991
ECJ
European
1 Citers
Europa Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement.
The introduction by a Member State in the pharmaceutical products sector of a system of programme contracts from which only national undertakings can benefit, and which, in return for commitments on investment, research, employment and exports, allows derogations to be granted from the general rules on price control and places the products that benefit from the system at an advantage as regards approval for reimbursement, constitutes an infringement of Article 30 of the Treaty. That system is such as to place imported products at a disadvantage and, therefore, constitutes a measure having an effect equivalent to a quantitative restriction prohibited by that provision.
Link[s] omitted
Cassamali -v- Office national des pensions (Rec 1991,p I-1401) (Judgment) C-93/90; [1991] EUECJ C-93/90
20 Mar 1991
ECJ
European
Link[s] omitted
Turner -v- Commission (Rec 1991,p I-1423) (Order) C-115/90; [1991] EUECJ C-115/90P
20 Mar 1991
ECJ
European
Link[s] omitted
André -v- Commission (Rec 1991,p II-139,Summ pub ) T-109/89; [1991] EUECJ T-109/89
20 Mar 1991
ECFI
European
[ Europa ] - [ Bailii ]
Commission -v- Italy (Rec 1991,p I-1575) (Judgment) C-209/89; [1991] EUECJ C-209/89
21 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
Rauh -v- Hauptzollamt Nürnberg-Fürth (Rec 1991,p I-1647) (Judgment) C-314/89; [1991] EUECJ C-314/89
21 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
SAFA -v- Amministrazione delle finanze dello Stato (Rec 1991,p I-1677) (Judgment) C-359/89; [1991] EUECJ C-359/89
21 Mar 1991
ECJ
European
Link[s] omitted
Criminal Proceedings Against Jean-Marie Delattre. (Approximation Of Laws ) R-369/88; [1991] EUECJ R-369/88
21 Mar 1991
ECJ
European
[ Bailii ]
Italy -v- Commission (Rec 1991,P I-1433) (Sv91-115) (Judgment) C-303/88; [1989] EUECJ C-303/88R; [1991] EUECJ C-303/88
21 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ] - [ Bailii ]
Italy -v- Commission (Rec 1991,p I-1603) (Judgment) C-305/89; [1991] EUECJ C-305/89
21 Mar 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Monteil and Samanni C-60/89; [1991] EUECJ C-60/89
21 Mar 1991
ECJ
European
[ Europa ] - [ Bailii ]
Haniel Spedition -v- Commission (Rec 1991,p I-1599,Summ pub ) (Judgment) C-226/89; [1991] EUECJ C-226/89
21 Mar 1991
ECJ
European
Link[s] omitted
Criminal Proceedings Against Delattre (Rec 1991,P I-1487) (Judgment) C-369/88
21 Mar 1991
ECJ
European
Link[s] omitted
Harrison -v- Commission (Rec 1991,p II-179) T-13/91; [1991] EUECJ T-13/91
15 Apr 1991
ECFI
European
[ Europa ] - [ Bailii ]
Upjohn -v- Farzoo (Rec 1991,p I-1703) (Judgment) C-112/89; [1991] EUECJ C-112/89
16 Apr 1991
ECJ
European
Link[s] omitted
Freistaat Bayern -v- Eurim-Pharm C-347/89; [1991] EUECJ C-347/89
16 Apr 1991
ECJ
European
Link[s] omitted
Schiocchet -v- Commission (Rec 1991,p I-1775) (Judgment) C-354/89; [1991] EUECJ C-354/89
16 Apr 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Greece (Rec 1991,p I-1909) (Judgment) C-230/89; [1991] EUECJ C-230/89
18 Apr 1991
ECJ
European
Link[s] omitted
Nordgetränke -v- Hauptzollamt Hamburg-Ericus (Rec 1991,p I-1927) (Judgment) C-324/89; [1991] EUECJ C-324/89
18 Apr 1991
ECJ
European
[ Europa ] - [ Bailii ]
Brown Boveri -v- Hauptzollamt Mannheim (Rec 1991,p I-1853) (Judgment) C-79/89; [1991] EUECJ C-79/89
18 Apr 1991
ECJ
European
Link[s] omitted
Assurances du Crédit -v- Council and Commission (Rec 1991,p I-1799) (Judgment) C-63/89; [1991] EUECJ C-63/89
18 Apr 1991
ECJ
European
[ Europa ] - [ Bailii ]
WeserGold -v- Oberfinanzdirektion München (Rec 1991,p I-1895) (Judgment) C-219/89; [1991] EUECJ C-219/89
18 Apr 1991
ECJ
European
[ Europa ] - [ Bailii ]
Höfner and Elser -v- Macrotron (Judgment) C-41/90; [1991] E C R I-1979; [1991] EUECJ C-41/90
23 Apr 1991
ECJ
European, Commercial Casemap
1 Citers
Europa A public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules since, in the context of competition law, that classification applies to every entity engaged in an economic activity, regardless of its legal status and the way in which it is financed.
As an undertaking entrusted with the operation of services of general economic interest, a public employment agency engaged in employment procurement activities is, pursuant to Article 90(2) of the Treaty, subject to the prohibition contained in Article 86 of the Treaty, so long as the application of that provision does not obstruct the performance of the particular task assigned to it. A Member State which has granted it an exclusive right to carry on that activity is in breach of Article 90(1) of the Treaty where it creates a situation in which that agency cannot avoid infringing Article 86 of the Treaty. That is the case, in particular, where the following conditions are satisfied: - the exclusive right extends to executive recruitment activities; - the public employment agency is manifestly incapable of satisfying demand prevailing on the market for such activities; - the actual pursuit of those activities by private recruitment consultants is rendered impossible by the maintenance in force of a statutory provision under which such activities are prohibited and non-observance of that prohibition renders the contracts concerned void; - the activities in question may extend to the nationals or to the territory of other Member States. 3. The provisions of the Treaty on freedom of movement cannot be applied to activities which are confined in all respects within a single Member State and therefore a recruitment consultant in a Member State may not rely on Articles 7 and 59 of the Treaty regarding the procurement of nationals of that Member State for posts in undertakings in the same State.
[ Europa ] - [ Bailii ]
Criminal proceedings against Ryborg (Rec 1991,p I-1943) (Judgment) C-297/89; [1991] EUECJ C-297/89
23 Apr 1991
ECJ
European
Link[s] omitted
SCP Boscher and others -v- British Motors Wright and others (Rec 1991,p I-2023) (Judgment) C-239/90; [1991] EUECJ C-239/90
30 Apr 1991
ECJ
European
Link[s] omitted
SEP -v- Commission (Rec 1991,p I-2043) (Order) C-372/90; [1991] EUECJ C-372/90
3 May 1991
ECJ
European
Link[s] omitted
Post -v- Oberfinanzdirektion München (Rec 1991,p I-2391) (Judgment) C-120/90; [1991] EUECJ C-120/90
7 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Oliveira -v- Commission (Rec 1991,p I-2283) (Judgment) C-304/89; [1991] EUECJ C-304/89
7 May 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-2233) (Judgment) C-287/89; [1991] EUECJ C-287/89
7 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Nakajima All Precision -v- Council (Rec 1991,p I-2069) (SV91-149) (Judgment) C-69/89; [1991] EUECJ C-69/89
7 May 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-2205) (Judgment) C-229/89; [1991] EUECJ C-229/89
7 May 1991
ECJ
European
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-2053) (Judgment) C-45/89; [1991] EUECJ C-45/89
7 May 1991
ECJ
European
Link[s] omitted
Commission -v- Italy (Rec 1991,P I-2049,Summ Pub ) (Judgment) C-246/88; [1991] EUECJ C-246/88
7 May 1991
ECJ
European
Link[s] omitted
Sheptonhurst -v- Newham Borough Council (Rec 1991,p I-2387,Summ pub ) (Judgment) C-350/89; [1991] EUECJ C-350/89
7 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Vlassopoulou -v- Ministerium für Justiz, Bundes- u Europaangelegenheiten Baden-Württemberg C-340/89; [1991] ECR I-2357; [1991] EUECJ C-340/89
7 May 1991
ECJ
European, Health Professions

The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a comparison between the qualifications certified by his diplomas, certificates and other formal qualifications and the professional qualifications required by the national rules for the exercise of the profession in question.
[ Europa ] - [ Bailii ]
Organisationen Danske Slagterier -v- Landbrugsministeriet (Rec 1991,p I-2315) (Judgment) C-338/89; [1991] EUECJ C-338/89
7 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Interhotel -v- Commission (Rec 1991,p I-2257) (Judgment) C-291/89; [1991] EUECJ C-291/89
7 May 1991
ECJ
European
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-2411) (Judgment) C-266/89; [1991] EUECJ C-266/89
8 May 1991
ECJ
European
Link[s] omitted
Belgium -v- Commission (Rec 1991,p I-2423) (Order) C-356/90
8 May 1991
ECJ
European
Link[s] omitted
Zoder -v- Parliament (Rec 1991,p II-207) T-30/90; [1991] EUECJ T-30/90
14 May 1991
ECFI
European
Link[s] omitted
Buton and Vinicola Europea -v- Amministrazione delle finanze dello Stato (Rec 1991,p I-2453,Summ pub ) (Judgment) C-201/90; [1991] EUECJ C-201/90
15 May 1991
ECJ
European
Link[s] omitted
Berner Allgemeine Versicherungsgesellschaft -v- Amministrazione delle finanze dello Stato (Rec 1991,p I-2431) (Judgment) C-328/89; [1991] EUECJ C-328/89
15 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Extramet Industrie -v- Council (Rec 1991,p I-2501) (Judgment) C-358/89; [1990] EUECJ C-358/89R
16 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Italy (Rec 1991,P I-2457,Summ Pub ) (Judgment) C-263/85; [1991] EUECJ C-263/85
16 May 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-2535,Summ pub ) (Judgment) C-167/90; [1991] EUECJ C-167/90
16 May 1991
ECJ
European
Link[s] omitted
Commission -v- Luxembourg (Rec 1991,p I-2539,Summ pub ) (Judgment) C-168/90; [1991] EUECJ C-168/90
16 May 1991
ECJ
European
Link[s] omitted
Commission -v- Netherlands (Rec 1991,p I-2461) (Judgment) C-96/89; [1991] EUECJ C-96/89
16 May 1991
ECJ
European
Link[s] omitted
Van Noorden -v- ASSEDIC (Rec 1991,p I-2543) (Judgment) C-272/90; [1991] EUECJ C-272/90
16 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
CIRFS and others -v- Commission (Rec 1991,p I-2557) (Order) C-313/90
17 May 1991
ECJ
European
[ Europa ]
Commission -v- Netherlands (Rec 1991,p I-2637) (Judgment) C-68/89; [1991] EUECJ C-68/89
30 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Germany (Rec 1991,P I-2567) (Judgment) C-361/88; [1991] EUECJ C-361/88
30 May 1991
ECJ
European
Link[s] omitted
Commission -v- Germany (Rec 1991,p I-2607) (Judgment) C-59/89; [1991] EUECJ C-59/89
30 May 1991
ECJ
European
Link[s] omitted
Commission -v- Greece (Rec 1991,p I-2659) (Judgment) C-110/89; [1991] EUECJ C-110/89
30 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
Karella and others -v- Ypourgio viomichanias, energeias & technologias and others (Rec 1991,p I-2691) (Judgment) C-19/90; [1991] EUECJ C-19/90
30 May 1991
ECJ
European
[ Europa ] - [ Bailii ]
PTT Nederland and others -v- Commission (Rec 1991,p I-2723) (Order) C-66/90; [1991] EUECJ C-66/90
4 Jun 1991
ECJ
European
[ Europa ] - [ Bailii ]
Vichy -v- Commission (Rec 1991,p II-265) T-19/91
7 Jun 1991
ECFI
European
Link[s] omitted
Weyrich -v- Commission (Rec 1991,p II-235) T-14/91; [1991] EUECJ T-14/91
7 Jun 1991
ECFI
European
[ Europa ] - [ Bailii ]
Commission -v- France (Rec 1991,P I-2727) (Judgment) C-64/88; [1991] EUECJ C-64/88
11 Jun 1991
ECJ
European
Link[s] omitted
Athanasopoulos and others -v- Bundesanstalt für Arbeit (Rec 1991,p I-2797) (Judgment) C-251/89; [1991] EUECJ C-251/89
11 Jun 1991
ECJ
European
Link[s] omitted
Commission -v- Belgium (Rec 1991,p I-2851) (Judgment) C-290/89; [1991] EUECJ C-290/89
11 Jun 1991
ECJ
European
Link[s] omitted
Commission -v- France (Rec 1991,p I-2903) (Judgment) C-307/89; [1991] EUECJ C-307/89
11 Jun 1991
ECJ
European
Link[s] omitted
Commission -v- Council C-300/89; [1991] EUECJ C-300/89; [1991] ECR I-2867
11 Jun 1991
ECJ
European Casemap
1 Citers
Europa 1. In the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution's conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those factors include in particular the aim and content of the measure. 2. Where an institution' s power is based on two provisions of the Treaty, it is bound to adopt the relevant measures on the basis of the two relevant provisions. However, where, as in the case of Article 100a of the Treaty, one of the enabling provisions requires recourse to the cooperation procedure provided for in Article 149(2) of the Treaty, on conclusion of which the Council may act by a qualified majority provided that it intends accepting the amendments proposed by the Parliament and put forward by the Commission, and the other provision, as in the case of Article 130s, requires the Council to act unanimously after merely consulting the European Parliament, use of both of them as a joint legal basis would divest the cooperation procedure of its very substance, the purpose of that procedure being to increase the involvement of the European Parliament in the legislative process of the Community. That participation reflects a fundamental democratic principle that the peoples should take part in the exercise of power through the intermediary of a representative assembly. It follows that in such a case recourse to a dual legal basis is excluded and that it is necessary to determine which of those two provisions is the appropriate legal basis.
Europa 3 In view of the fact that, in the first place, it is apparent from the very terms of Article 130r(2) of the Treaty that a Community measure cannot be covered by Article 130s merely because it pursues, among others, objectives of environmental protection, secondly, that action intended to approximate, in a given industrial sector, national rules concerning production conditions which were adopted for reasons relating to environmental protection but are liable to lead to distortions of competition, falls within the scope of Article 100a, since it is conducive to the attainment of the internal market, and, finally, that the objectives of environmental protection referred to in Article 130r may be effectively pursued by means of harmonizing measures adopted on the basis of Article 100a, the Council should have used Article 100a as the legal basis for Directive 89/428/EEC on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry. Since the Council wrongly based the directive on Article 130s, the directive must be annulled.
[ Europa ] - [ Bailii ]
United Kingdom of Great Britain and Northern Ireland, French Republic and the Federal Republic of Germany -v- Council of the European Communities (Judgment) C-51/89; [1991] EUECJ C-51/89
11 Jun 1991
ECJ
European
Europa 1. It follows from the very wording of Article 235 of the Treaty that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question. 2. Article 128 of the Treaty must be interpreted as conferring on the Council the power to adopt legal measures which provide for Community action in the sphere of vocational training and impose corresponding obligations of cooperation on the Member States. 3. Under the scheme of the Treaty, the conditions under which legislative powers and budgetary powers are exercised are not the same. Consequently, the requirements of the budgetary procedure laid down for making available the appropriations needed for the implementation of a legislative measure cannot have any implications regarding the procedural requirements for the adoption of the measure in question. 4. The programme on cooperation between universities and industry regarding training in the field of technology ("Comett II" - second phase) seeks to ensure intra-Community cooperation between universities and industry regarding initial and continuing training in technology, in particular advanced technology, the development of highly skilled human resources and hence the competitiveness of European industry. From this it follows that the programme at issue is directed at vocational training and is founded, so far as its legal basis is concerned, on Article 128 of the Treaty alone. This conclusion is not undermined by the fact that such vocational training is envisaged as a means of facilitating both the exploitation of the results of scientific research and technological development within the Community, even though it has had the result of imposing an obligation on the Commission to ensure that the programme is consistent with other Community research and development projects. Nor is it undermined by the fact that the activities covered by the grants allocated to promote transnational exchanges, which are expressly singled out as training activities, may have a connection, even a close one, with scientific research and technological development. 5. According to its wording, Article 128 is directed at a common vocational training policy and does not draw any distinction between initial training and continuing training. Consequently, the latter type of training cannot be excluded from the concept of vocational training without restricting that concept in an arbitrary manner.
[ Europa ] - [ Bailii ]
Sunzest -v- Commission (Rec 1991,p I-2917) (Order) C-50/90; [1991] EUECJ C-50/90
13 Jun 1991
ECJ
European
[ Europa ] - [ Bailii ]
Piageme -v- Peeters; ECJ 18-Jun-1991
Elliniki Radiophonia Tileorass-AE -v- Plisofatissis and Kouvelas C-260/89; [1991] EUECJ C-260/89; [1991] ECR 1-2925
18 Jun 1991
ECJ
European, Human Rights
1 Citers
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: "With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, fundamental rights form an integral part of the general principles of law, the observance of which it ensures. For that purpose the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories (see, in particular, the judgment in Case C-4/73 Nold v Commission [1974] ECR 491, paragraph 13). The European Convention on Human Rights has special significance in that respect (see in particular Case C-222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraph 18). It follows that, as the Court held in its judgment in Case C-5/88 Wachauf v Federal Republic of Germany [1989] ECR 2609, paragraph 19, the Community cannot accept measures which are incompatible with observance of the human rights thus recognized and guaranteed.
As the Court has held (see the judgment in Joined Cases C-60 and C-61/84 Cinéthèque v Fédération Nationale des Cinémas Français [1985] ECR 2605, paragraph 25, and the judgment in Case C-12/86 Demirel v Stadt Schwaebisch Gmund [1987] ECR 3719, paragraph 28), it has no power to examine the compatibility with the European Convention on Human Rights of national rules which do not fall within the scope of Community law. On the other hand, where such rules do fall within the scope of Community law, and reference is made to the Court for a preliminary ruling, it must provide all the criteria of interpretation needed by the national court to determine whether those rules are compatible with the fundamental rights the observance of which the Court ensures and which derive in particular from the European Convention on Human Rights."
[ Europa ] - [ Bailii ]
Donà Alfonso -v- Consorzio per lo sviluppo industriale del Comune di Monfalcone (Rec 1991,p I-2967,Summ pub ) (Judgment) C-295/89; [1991] EUECJ C-295/89
18 Jun 1991
ECJ
European
Europa Article 29(5) of Council Directive 71/305, from which the Member States may not depart to any material extent when implementing it, prohibits Member States from introducing provisions which require the automatic disqualification from the award of public works contracts of certain tenders determined according to a mathematical criterion, instead of obliging the awarding authority to apply the examination procedure laid down in the directive, giving the tenderer an opportunity to furnish explanations.
The Member States may require that tenders be examined when those tenders appear to be abnormally low, and not only when they are obviously abnormally low.
(In this judgment the Court' s ruling is in the same terms as those of the judgment in Case 103/88 Fratelli Costanzo v Comune di Milano [1989] ECR I-1839, in which the questions referred to it were essentially the same.)
[ Europa ] - [ Bailii ]
Polysar Investments Netherlands -v- Inspecteur der Invoerrechten en Accijnzen (Rec 1991,p I-3111) (SV91-227) (Judgment) C-60/90; [1991] EUECJ C-60/90
20 Jun 1991
ECJ
European
[ Europa ] - [ Bailii ]
Newton -v- Chief Adjudication Officer; ECJ 20-Jun-1991
Cargill -v- Produktschap voor Margarine, Vetten en Olien; ECJ 20-Jun-1991
Denkavit Futtermittel -v- Land Baden-Wurttemberg; ECJ 20-Jun-1991
Cargill -v- Commission C-248/89; [1991] EUECJ C-248/89
20 Jun 1991
ECJ
European
[ Europa ] - [ Bailii ]
PTT Nederland and others -v- Commission; ECFI 21-Jun-1991
Commission -v- Belgium; ECJ 26-Jun-1991
Commission -v- Luxembourg; ECJ 26-Jun-1991
Stahlwerke Peine-Salzgitter -v- Commission; ECFI 27-Jun-1991
Bosman -v- Commission; ECJ 27-Jun-1991
Mecanarte-Metalurgica da Lagoa -v- Alfandega do Porto; ECJ 27-Jun-1991
Al-Jubail Fertilizer Company and Others -v- Council; ECJ 27-Jun-1991
Martinez Vidal -v- Gemeenschappelijke Medische Dienst; ECJ 27-Jun-1991
Overseas Union Insurance Ltd and others -v- New Hampshire Insurance Company; ECJ 27-Jun-1991
AKZO Chemie BV -v- Commission of the European Communities C-62/86; [1993] 5 CMLR 215; [1986] EUECJ C-62/86R; [1991] EUECJ C-62/86; [1991] ECR 1-3359
3 Jul 1991
ECJ
European, Commercial

Europa Regard for the rights of the defence requires that the undertaking concerned shall have been enabled to make known effectively its point of view on the documents relied upon by the Commission in making the findings on which its decision is based. In examining the possibly dominant position of an undertaking in a particular market, the possibilities of competition must be judged in the context of the market comprising the totality of the products which, with respect to their characteristics, are particularly suitable for satisfying constant needs and are only to a limited extent interchangeable with other products. Very large market shares are usually evidence of the existence of a dominant position. The concept of abuse is objective, relating to the behaviour of an undertaking in a dominant position which is such as to influence the structure of a market where, as a result of the very presence of the undertaking in question, the degree of competition is weakened and which, by recourse to methods different from those which condition normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition.
Link[s] omitted
Department of Health and Social Security -v- Barr and Montrose Holdings (Judgment) C-355/89; [1991] EUECJ C-355/89
3 Jul 1991
ECJ
European
Europa It follows from Article 1(3) of the Treaty of Accession 1972 in conjunction with Article 158 of the Act of Accession that the jurisdiction in preliminary ruling proceedings conferred on the Court by Article 177 of the Treaty extends to Protocol No 3 on the Channel Islands and the Isle of Man, whose uniform application in the Isle of Man requires the courts and tribunals established there to be deemed to be authorized to refer questions to the Court concerning the interpretation of the Protocol itself, the interpretation and validity of the Community legislation to which that Protocol refers, and the interpretation and validity of measures adopted by the Community institutions on the basis of the Protocol.
The Community rules on the free movement of workers are not applicable on the territory of the Isle of Man by virtue of Article 227(5)(c) of the Treaty and Article 1 of Protocol No 3 of the Act of Accession 1972 on the Channel Islands and the Isle of Man. However, the prohibition of any discrimination between natural and legal persons from the Member States in relation to situations which, in territories where the Treaty is fully applicable, are governed by Community law, is applicable there by virtue of Article 4 of that Protocol. Accordingly, the requirement laid down as a general rule by the Isle of Man authorities, to the effect that nationals of the Member States who wish to take up employment there must hold a work permit, is permissible provided the requirement is applied to such nationals without discrimination. That is not called in question by the fact that specific provisions laid down by those authorities may give rise to discrimination in favour of nationals of certain Member States as regards certain types of employment. Furthermore, there is nothing in Protocol No 3 which requires the Isle of Man authorities to grant to Community nationals the same treatment, with regard to employment, as that which is granted to Manxmen by the United Kingdom.
[ Europa ] - [ Bailii ]
Herremans -v- Commission (Rec 1991,p II-467) T-47/90; [1991] EUECJ T-47/90
4 Jul 1991
ECFI
European
Link[s] omitted
ASTI -v- Chambre des employés privés (Rec 1991,p I-3507) (SV91-289) (Judgment) C-213/90; [1991] EUECJ C-213/90
4 Jul 1991
ECJ
European
Link[s] omitted
Commission of the European Communities -v- United Kingdom of Great Britain and Northern Ireland (Judgment) C-146/89; [1991] EUECJ C-146/89
9 Jul 1991
ECJ
European, Agriculture
Europa 1. Regulation No 170/83 represents a carefully achieved balance between the system of exclusive access to coastal waters for national fishermen, a system which, in derogation from the principle of equal access, is allowed by the regulation both to continue and to be extended to the zones situated within the 12-mile limit, and the protection of certain activities of fishermen from other Member States within the areas listed in Annex I. That equilibrium, as it results from Article 6, could be compromised if the zones in which the fishing activities defined and authorized therein are carried out were to be shifted and included in areas in which the fishing grounds, natural conditions and density of maritime traffic were to prove very different. It follows that the scope of Annex I to the regulation cannot be altered by the unilateral action of a Member State in shifting its baselines. It is for that reason that the combined provisions of Article 6(2) and Annex I to the above regulation must be understood as referring to baselines as they existed on 25 January 1983, the date on which the regulation was adopted, and that Member States are consequently precluded from applying in certain areas, for the purposes of the fisheries arrangements laid down for their coastal waters in those provisions, new baselines which are shifted further out to sea than those in force on that date. 2. A Member State cannot justify its failure to fulfil obligations under the Treaty by pointing to the fact that other Member States have also failed, and continue to fail, to fulfil their own obligations. Under the legal order established by the Treaty, the implementation of Community law by Member States cannot be made subject to a condition of reciprocity. Articles 169 and 170 of the Treaty provide suitable means of redress for dealing with the failure by Member States to fulfil their obligations under the Treaty. 3. The exemplary conduct of a Member State which, after adopting measures contested by the Commission and other Member States and ultimately held by the Court, under Article 169 of the Treaty, to constitute a failure to fulfil obligations, voluntarily suspended their application, thereby rendering unnecessary an application to the Court for interim measures, constitutes an exceptional circumstance within the meaning of Article 69(3) of the Rules of Procedure such as to justify an order that each party bear its own costs.
Regulation No 170/83
Link[s] omitted
Minic -v- Court of Auditors (Rec 1991,p II-479) T-48/91; [1991] EUECJ T-48/91
9 Jul 1991
ECFI
European
Link[s] omitted
Control Union -v- Commission (Rec 1991,p I-3585) (Order) C-250/90; [1991] EUECJ C-250/90
9 Jul 1991
ECJ
European
Link[s] omitted
Commission -v- France (Rec 1991,p I-3591) (Judgment) C-294/89; [1991] EUECJ C-294/89
10 Jul 1991
ECJ
European
[ Europa ] - [ Bailii ]
ITP -v- Commission (Rec 1991,p II-575) T-76/89; [1991] EUECJ T-76/89
10 Jul 1991
ECFI
European
Link[s] omitted
RTE -v- Commission (Rec 1991,p II-485) T-69/89; [1991] EUECJ T-69/89
10 Jul 1991
ECFI
European
Link[s] omitted
BBC -v- Commission (Rec 1991,p II-535) T-70/89; [1991] EUECJ T-70/89
10 Jul 1991
ECFI
European, Media
[ Europa ] - [ Bailii ]
Neu and others -v- Secrétaire d'État à l'Agriculture and à la Viticulture C-90/90; [1991] EUECJ C-90/90
10 Jul 1991
ECJ
European
[ Europa ] - [ Bailii ]
Lennartz -v- Finanzamt München III (Rec 1991,p I-3795) (SV91-299) (Judgment) C-97/90; [1991] EUECJ C-97/90
11 Jul 1991
ECJ
European
Link[s] omitted
Johnson -v- Chief Adjudication Officer; ECJ 11-Jul-1991
Laboratori Bruneau -v- Usl Rm/24 Di Monterotondo (Rec 1991,P I-3641) (Judgment) C-351/88
11 Jul 1991
ECJ
European
[ Europa ]
Laboratori Bruneau Srl -v- Unita Sanitaria Locale Rm/24 Di Monterotondo. (Free Movement Of Goods ) R-351/88; [1991] EUECJ R-351/88
11 Jul 1991
ECJ
European
[ Bailii ]
Commission -v- Italy (Rec 1991,p I-3847) (Judgment) C-296/90; [1991] EUECJ C-296/90
11 Jul 1991
ECJ
European
Link[s] omitted
Commission -v- Portugal (Rec 1991,p I-3659) (Judgment) C-247/89; [1991] EUECJ C-247/89
11 Jul 1991
ECJ
European
[ Europa ] - [ Bailii ]
Verholen and others -v- Sociale Verzekeringsbank Amsterdam (Rec 1991,p I-3757) (Judgment) C-87/90; [1991] EUECJ C-87/90
11 Jul 1991
ECJ
European
Link[s] omitted
Crispoltoni -v- Fattoria Autonoma Tabacchi di Città di Castello (Rec 1991,p I-3695) (Judgment) C-368/89; [1991] EUECJ C-368/89
11 Jul 1991
ECJ
European
Link[s] omitted
Pincherle -v- Commission (Rec 1991,p II-635) T-110/89; [1991] EUECJ T-110/89
12 Jul 1991
ECFI
European
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-4189,Summ pub ) (Judgment) C-32/90; [1991] EUECJ C-32/90
25 Jul 1991
ECJ
European
Link[s] omitted
Regina -v- Secretary of State for Transport, ex parte Factortame; ECJ 25-Jul-1991
Ayuntamiento de Sevilla -v- Recaudadores de las Zonas primera y segunda (Judgment) C-202/90; [1991] EUECJ C-202/90
25 Jul 1991
ECJ
European
[ Europa ] - [ Bailii ]
Emmott -v- Minister for Social Welfare and Attorney General C-208/90; [1991] ECR I-4269; [1991] EUECJ C-208/90
25 Jul 1991
ECJ
European
1 Citers
Europa So long as a directive has not been properly transposed into national law, individuals are unable to ascertain the full extent of their rights. That state of uncertainty for individuals subsists even after the Court has delivered a judgment finding that the Member State in question has not fulfilled its obligations under the directive and even if the Court has held that a particular provision or provisions of the directive are sufficiently precise and unconditional to be relied upon before a national court. Only the proper transposition of the directive will bring that state of uncertainty to an end and it is only upon that transposition that the legal certainty which must exist if individuals are to be required to assert their rights is created. It follows that, until such time as a directive has been properly transposed, a defaulting Member State may not rely on an individual' s delay in initiating proceedings against it in order to protect rights conferred upon him by the provisions of the directive and that a period laid down by national law within which proceedings must be initiated cannot begin to run before that time.
Community law precludes the competent authorities of a Member State from relying, in proceedings brought against them by an individual before the national courts in order to protect rights directly conferred upon him by Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, on national procedural rules relating to time-limits for bringing proceedings so long as that Member State has not properly transposed that directive into its domestic legal system.
Link[s] omitted
Commission -v- Luxembourg (Rec 1991,p I-3973,Summ pub ) (Judgment) C-252/89; [1991] EUECJ C-252/89
25 Jul 1991
ECJ
European
Link[s] omitted
Commission -v- Italy (Rec 1991,p I-4193) (Judgment) C-58/90; [1991] EUECJ C-58/90
25 Jul 1991
ECJ
European
Link[s] omitted
Commission -v- Spain (Rec 1991,p I-3977) (Judgment) C-258/89; [1991] EUECJ C-258/89
25 Jul 1991
ECJ
European
Link[s] omitted
Hauptzollamt Karlsruhe -v- Hepp (Rec 1991,p I-4301) (Judgment) C-299/90; [1991] EUECJ C-299/90
25 Jul 1991
ECJ
European
Link[s] omitted
Stichting Collectieve Antennevoorziening Gouda -v- Commissariaat voor de Media (Rec 1991,p I-4007) (SV91-331) (Judgment) C-288/89; [1991] EUECJ C-288/89
25 Jul 1991
ECJ
European
Link[s] omitted
Aragonesa de Publicidad Exterior and Publivia -v- Departamento de Sanidad y Seguridad Social de Cataluña (Rec 1991,p I-4151) (SV91-373) (Judgment) C-1/90; [1991] EUECJ C-1/90
25 Jul 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Stoeckel (Rec 1991,p I-4047) (SV91-345) (Judgment) C-345/89; [1991] EUECJ C-345/89
25 Jul 1991
ECJ
European
[ Europa ] - [ Bailii ]
Rich -v- Società Italiana Impianti (Rec 1991,p I-3855) (Judgment) C-190/89; [1991] EUECJ C-190/89
25 Jul 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Guitard (Rec 1991,p I-4205) (Judgment) C-75/90; [1991] EUECJ C-75/90
25 Jul 1991
ECJ
European
Europa Agriculture - Common organization of markets - Wine - Name and presentation of wines - Definition of "wine" - Requirement of a minimum degree of alcoholic strength
(Council Regulations No 337/79, Annex II, point 8, No 355/79 Art. 45(1)(a) and No 822/87, Annex I, point 10).
It is clear from the definition in point 8 of Annex II to Regulation No 337/79, re-enacted in point 10 of Annex I to Regulation No 822/87 on the common organization of the market in wine, to which Article 45(1)(a) of Regulation No 355/79 laying down general rules for the description and presentation of wines refers, that wine must be the product of total or partial alcoholic fermentation, that such fermentation must be the only production process, and that a product obtained from grapes by any process other than alcoholic fermentation is not wine. It follows that those provisions require that wine, when supplied, must have a minimum degree of alcoholic strength.
Link[s] omitted
Manfred Sager -v- Dennemeyer & Co Ltd C-76/90; [1991] EUECJ C-76/90
25 Jul 1991
ECJ
European
Europa 1. Article 59 of the Treaty requires not only the elimination of all discrimination against a person providing services on the grounds of his nationality, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, when it is liable to prohibit or otherwise impede the activities of a provider of services established in another Member State where he lawfully provides similar services. In particular, a Member State may not make the provision of services in its territory subject to compliance with all the conditions required for establishment and thereby deprive of all practical effectiveness the provisions of the Treaty whose object is, precisely, to guarantee the freedom to provide services. Such a restriction is all the less permissible where, unlike the situation governed by the third paragraph of Article 60 of the Treaty, the service is supplied without its being necessary for the person providing it to visit the territory of the Member State where it is provided.
2. Having regard to the particular characteristics of the provisions of services in certain sectors of activity, specific requirements imposed on the provider, which result from the application of rules governing those types of activities, cannot be regarded as incompatible with the Treaty. However, as a fundamental principle of the Treaty, the freedom to provide services may be limited only by provisions which are justified by imperative reasons relating to the public interest and which apply to all persons or undertakings pursuing an activity in the State of destination, in so far as that interest is not protected by the rules to which the person providing the services is subject in the Member State in which he is established. In particular, those requirements must be objectively necessary in order to ensure compliance with professional rules and to guarantee the protection of the recipient of services and they must not exceed what is necessary to attain those objectives. ,br />3. Article 59 of the EEC Treaty precludes provisions of a Member State which prohibit a company established in another Member State from providing patent-owners in the territory of the first State with a service for monitoring those patents and renewing them by payment of the requisite fees, on the ground that, by virtue of those provisions, such activities are reserved to persons holding a special professional qualification, such as a qualification as patent agent.
[ Europa ] - [ Bailii ]
Commission -v- Netherlands (Rec 1991,p I-4069) (SV91-353) (Judgment) C-353/89; [1991] EUECJ C-353/89
25 Jul 1991
ECJ
European
Link[s] omitted
Giuseppe d'Urso, Adriana Ventadori and others -v- Ercole Marelli Elettromeccanica Generale SpA C-362/89; [1991] EUECJ C-362/89; [1992] ECR I-4105
25 Jul 1991
ECJ
European, Employment Casemap
1 Citers
Europa Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that all contracts of employment or employment relationships existing on the date of the transfer of an undertaking between the transferor and the workers employed in the undertaking transferred are automatically transferred to the transferee by the mere fact of the transfer. That transfer is binding on both the transferor and the transferee and on the employees' representatives, who may not agree different arrangements in an agreement with the transferor or the transferee and on the employees themselves, save that the employees may freely decide not to continue the employment relationship with the new employer after the transfer.
Article 1(1) of Council Directive 77/187 does not apply to transfers of undertakings made as part of a creditors' arrangement procedure of the kind provided for in the Italian legislation on compulsory administrative liquidation to which the Law of 3 April 1979 on special administration for large undertakings in critical difficulties refers. However, that provision of that directive does apply when, in accordance with a body of legislation such as that governing special administration for large undertakings in critical difficulties, it has been decided that the undertaking is to continue trading for as long as that decision remains in force.
Directive 77/187 3(1)
Link[s] omitted
Hoyer -v- Commission (Rec 1991,p II-679) T-51/91
1 Aug 1991
ECFI
European
[ Europa ]
Smets -v- Commission (Rec 1991,p II-689) T-52/91
1 Aug 1991
ECFI
European
Link[s] omitted
Nijmann -v- Commission (Rec 1991,p II-699) T-36/89; [1991] EUECJ T-36/89
25 Sep 1991
ECFI
European
Link[s] omitted
Lacroix -v- Commission (Rec 1991,p II-749) T-54/90; [1991] EUECJ T-54/90
25 Sep 1991
ECFI
European
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Coussios -v- Commission (Rec 1991,p II-763) T-38/91; [1991] EUECJ T-38/91
1 Oct 1991
ECFI
European
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Vidrányi -v- Commission (Rec 1991,p I-4339) (Judgment) C-283/90; [1991] EUECJ C-283/90P
1 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- France (Rec 1991,p I-4335,Summ pub ) (Judgment) C-64/90; [1991] EUECJ C-64/90
1 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- France (Rec 1991,p I-4331,Summ pub ) (Judgment) C-14/90; [1991] EUECJ C-14/90
1 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- France (Rec 1991,p I-4327,Summ pub ) (Judgment) C-13/90; [1991] EUECJ C-13/90
1 Oct 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Kennes and others (Rec 1991,p I-4391) (Judgment) C-8/90; [1991] EUECJ C-8/90
2 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Schulte and Reinert -v- OBEA and others (Rec 1991,p I-4407) (Judgment) C-113/90; [1991] EUECJ C-113/90
2 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Criminal proceedings against Vandevenne and others (Rec 1991,p I-4371) (Judgment) C-7/90; [1991] EUECJ C-7/90
2 Oct 1991
ECJ
European
Link[s] omitted
An Bord Bainne -v- Hauptzollamt Gronau (Judgment) C-364/89; [1991] EUECJ C-364/89
3 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Italy -v- Commission (Rec 1991,p I-4437) (Judgment) C-261/89; [1991] EUECJ C-261/89
3 Oct 1991
ECJ
European
Link[s] omitted
Commission -v- Gill (Rec 1991,p I-4779) (Judgment) C-185/90; [1991] EUECJ C-185/90P
4 Oct 1991
ECJ
European
Link[s] omitted
Commission -v- United Kingdom (Rec 1991,p I-4585) (Judgment) C-246/89; [1991] EUECJ C-246/89
4 Oct 1991
ECJ
European
Link[s] omitted
Elissavet Paraschi -v- Landesversicherungsanstalt Wuerttemberg. R-349/87; [1991] EUECJ R-349/87
4 Oct 1991
ECJ
European
Link[s] omitted
Paraschi -v- Landesversicherungsanstalt Württemberg (Rec 1991,P I-4501) (Judgment) C-349/87
4 Oct 1991
ECJ
European
[ Europa ]
Van Dalfsen and others -v- Van Loon and others (Rec 1991,p I-4743) (Judgment) C-183/90; [1991] EUECJ C-183/90
4 Oct 1991
ECJ
European
Link[s] omitted
The Society for the Protection of Unborn Children Ireland Ltd -v- Stephen Grogan and others C-159/90; [1991] EUECJ C-159/90
4 Oct 1991
ECJ
European Casemap

Europa A national court or tribunal is not empowered to bring a matter before the Court by way of a reference for a preliminary ruling under Article 177 of the Treaty unless a dispute is pending before it in the context of which it is called upon to give a decision which could take into account the preliminary ruling. Conversely, the Court of Justice has no jurisdiction to hear a reference for a preliminary ruling when at the time it is made the procedure before the court making it has already been terminated.
Medical termination of pregnancy, performed in accordance with the law of the State in which it is carried out, constitutes a service within the meaning of Article 60 of the Treaty.
The provision of information on an economic activity is not to be regarded as a provision of services within the meaning of Article 60 of the Treaty where the information is not distributed on behalf of an economic operator but constitutes merely a manifestation of freedom of expression. As a result, it is not contrary to Community law for a Member State in which medical termination of pregnancy is forbidden to prohibit students associations from distributing information about the identity and location of clinics in another Member State where voluntary termination of pregnancy is lawfully carried out and the means of communicating with those clinics, where the clinics in question have no involvement in the distribution of the said information.
[ Europa ] - [ Bailii ]
Fonds voor Arbeidsongevallen -v- De Paep C-196/90; [1991] EUECJ C-196/90
4 Oct 1991
ECJ
European
Link[s] omitted
Bosman -v- Commission C-117/91
4 Oct 1991
ECJ
European
Only measures, the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position may the subject of an application for annulment.
That is not the position where it is clear from a press release distributed by the Commission that it confined itself on the one hand to taking formal notice of the amendments which a private association coordinating professional football at the European level proposed to make to its rules in order to facilitate the movement of professional footballers within the Community and, on the other hand, the plans envisaged in relation to the question of transfer of players, for in so doing the Commission neither adopted any unilateral decision having legal effects with regard to third parties nor entered into any contract or agreement capable of being challenged before the Court.
An action seeking compensation for damage caused by the alleged unlawfulness of a measure adopted by an institution is inadmissible where that measure has no legal effect.
Link[s] omitted
Middleburgh -v- Chief Adjudication Officer (Rec 1991,p I-4655) (Judgment) C-15/90; [1991] EUECJ C-15/90
4 Oct 1991
ECJ
European
Link[s] omitted
Criminal proceedings against Richardt; ECJ 04-Oct-1991
Commission -v- Ireland (Rec 1991,p I-4569) (Judgment) C-93/89; [1991] EUECJ C-93/89
4 Oct 1991
ECJ
European
Link[s] omitted
Parliament -v- Council (Rec 1991,P I-4529) (Sv91-405) (Judgment) C-70/88
4 Oct 1991
ECJ
European
[ Europa ]
Petruzzi and Longo -v- AIPO and others (Rec 1991,p I-4845) (Judgment) C-161/90; [1991] EUECJ C-161/90
10 Oct 1991
ECJ
European
Link[s] omitted
CAAMI and INAMI -v- Faux (Rec 1991,p I-4875) (Judgment) C-302/90; [1991] EUECJ C-302/90
15 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Hauptzollamt Hamburg-Jonas -v- Werner Faust C-24/90; [1991] EUECJ C-24/90
16 Oct 1991
ECJ
European
Europa Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Products subject to the levy - Products released into free circulation without a valid import licence - Included - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of preserved mushrooms - Levy of an additional amount - Fixed at a flat rate based on the cost of grade 1 preserved mushrooms produced in the Community - Disproportionate financial charge for importers of lower-grade products - Breach of the principle of proportionality - Unlawful
[ Europa ] - [ Bailii ]
Hauptzollamt Hamburg-Jonas -v- Wünsche (Rec 1991,p I-4961) (Judgment) C-26/90; [1991] EUECJ C-26/90
16 Oct 1991
ECJ
European
Link[s] omitted
Hauptzollamt Hamburg-Jonas -v- Wünsche (Rec 1991,p I-4939) (Judgment) C-25/90; [1991] EUECJ C-25/90
16 Oct 1991
ECJ
European
Link[s] omitted
Offermann -v- Parliament (Rec 1991,p II-855) T-129/89; [1991] EUECJ T-129/89
17 Oct 1991
ECFI
European
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Commission -v- Denmark (Rec 1991,p I-5089) (Judgment) C-100/90; [1991] EUECJ C-100/90
17 Oct 1991
ECJ
European
Link[s] omitted
Commission -v- Germany (Rec 1991,p I-4983) (Judgment) C-58/89; [1991] EUECJ C-58/89
17 Oct 1991
ECJ
European
Link[s] omitted
de Compte -v- Parliament T-26/89; [1991] EUECJ T-26/89
17 Oct 1991
ECFI
European
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Commission -v- Spain (Rec 1991,p I-5073) (Judgment) C-35/90; [1991] EUECJ C-35/90
17 Oct 1991
ECJ
European
Link[s] omitted
Germany -v- Commission (Rec 1991,p I-5031) (Judgment) C-342/89; [1991] EUECJ C-342/89
17 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Italy -v- Commission (Rec 1991,p I-5057) (Judgment) C-346/89; [1991] EUECJ C-346/89
17 Oct 1991
ECJ
European
[ Europa ] - [ Bailii ]
Abertal -v- Commission (Rec 1991,p I-5109) (Order) C-213/91
18 Oct 1991
ECJ
European
[ Europa ]
Von Deetzen -v- Hauptzollamt Oldenburg (Rec 1991,p I-5119) (Judgment) C-44/89; [1991] EUECJ C-44/89
22 Oct 1991
ECJ
European
Link[s] omitted
Nölle -v- Hauptzollamt Bremen-Freihafen (Rec 1991,p I-5163) (Judgment) C-16/90; [1991] EUECJ C-16/90
22 Oct 1991
ECJ
European
Link[s] omitted
Rhone-Poulenc -v- Commission T-1/89; [1990] EUECJ T-1/89
24 Oct 1991
ECFI
European
[ Europa ] - [ Bailii ]
Petrofina -v- Commission (Rec 1991,p II-1087) T-2/89; [1991] EUECJ T-2/89
24 Oct 1991
ECFI
European
[ Europa ] - [ Bailii ]
Atochem -v- Commission (Rec 1991,p II-1177) T-3/89; [1991] EUECJ T-3/89
24 Oct 1991
ECFI
European
[ Europa ] - [ Bailii ]
Parliament -v- Virgili-Schettini (Rec 1991,p I-5211) (Judgment) C-348/90; [1991] EUECJ C-348/90P
5 Nov 1991
ECJ
European
[ Europa ] - [ Bailii ]
Von Bonkewitz-Lindner -v- Parliament (Rec 1991,p II-1251) T-33/90; [1991] EUECJ T-33/90
6 Nov 1991
ECFI
European
Link[s] omitted
Commission -v- Spain (Rec 1991,p I-5231) (Judgment) C-313/89; [1991] EUECJ C-313/89
7 Nov 1991
ECJ
European
[ Europa ] - [ Bailii ]
Commission -v- Greece (Rec 1991,p I-5311,Summ pub ) (Judgment) C-309/90; [1991] EUECJ C-309/90
7 Nov 1991
ECJ
European
Link[s] omitted
Pinaud Wieger -v- Bundesanstalt für den Güterfernverkehr (Rec 1991,p I-5253) (Judgment) C-17/90; [1991] EUECJ C-17/90
7 Nov 1991
ECJ
European
[ Europa ] - [ Bailii ]
France -v- Commission (Rec 1991,p I-5285) (Judgment) C-22/90; [1991] EUECJ C-22/90
7 Nov 1991
ECJ
European
Link[s] omitted
France -v- Commission (Rec 1991,p I-5315) (Judgment) C-303/90; [1991] EUECJ C-303/90
13 Nov 1991
ECJ
European
[ Europa ] - [ Bailii ]
Petridi and Kapnemporon Makedonias -v- Commission (Rec 1991,p I-5351) (Order) C-232/91; [1991] EUECJ C-232/91
14 Nov 1991
ECJ
European
[ Europa ] - [ Bailii ]
Aliments Morvan -v- Directeur des services fiscaux du Finistère (Judgment) C-235/90; [1991] EUECJ C-235/90
19 Nov 1991
ECJ
European
Link[s] omitted
Francovich, Bonifaci and others -v- Italy (1993) CMLR 66; C-6/90; [1991] ECR I-5357; [1991] EUECJ C-6/90; [1995] ICR 722
19 Nov 1991
ECJ
European, Employment
1 Citers
LMA The claimants, a group of ex-employees sought arrears of wages on their employers' insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees' arrears of wages in the event of their employers' insolvency. Since there was no prospect of claiming from their former employers, they brought their claim against the Italian State on 3 grounds
  • State had breached P's substantive rights contained in the Directive
  • The rights conferred by the Directive were directly effective
  • State had failed to implement the Directive as required under Arts.5 & 189 [Arts.10 and 249]
    EC. Held:
  • The court had already held that Italy was in breach of its Community obligations in Art.169[Art.226]EC proceedings.
  • The rights conferred by the Directive were not directly effective as they were not sufficiently clear, precise and unconditional.
  • Where the State had failed to implement an EC Directive, it would be obliged to compensate individuals for damage suffered as a result of its failure to implement the Directive provided 3 conditions were satisfied
  • The Directive involves rights conferred on individuals.
  • The content of those rights can be identified on the basis of the provisions of the Directives
  • There is causal link between the State's failure and the damage suffered by the persons affected.
    Where the 3 conditions of Francovich are fulfilled, individuals seeking compensation as a result of activities and practices that are inconsistent with EC Directives may proceed directly against the State (do not consider whether Directive is VDE first)
  • Link[s] omitted
    URSSAF -v- Hostellerie Le Manoir (Rec 1991,p I-5531) (Judgment) C-27/91; [1991] EUECJ C-27/91
    21 Nov 1991
    ECJ
    European
    Link[s] omitted
    Technische Universität München -v- Hauptzollamt München-Mitte (Rec 1991,p I-5469) (SV91-453) (Judgment) C-269/90; [1991] EUECJ C-269/90
    21 Nov 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Fédération nationale du commerce extérieur des produits alimentaires and others -v- France (Rec 1991,p I-5505) (SV91-463) (Judgment) C-354/90; [1991] EUECJ C-354/90
    21 Nov 1991
    ECJ
    European
    Link[s] omitted
    Costacurta -v- Commission (Rec 1991,p I-5449) (Judgment) C-145/90; [1991] EUECJ C-145/90P
    21 Nov 1991
    ECJ
    European
    Link[s] omitted
    Hochbaum -v- Commission (Rec 1991,p II-1285) T-77/91; [1991] EUECJ T-77/91
    22 Nov 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    Italtrade -v- AIMA (Rec 1991,p I-5545) (Judgment) C-199/90; [1991] EUECJ C-199/90
    27 Nov 1991
    ECJ
    European
    Link[s] omitted
    Bleis -v- Ministère de l'Éducation nationale (Rec 1991,p I-5627) (Judgment) C-4/91; [1991] EUECJ C-4/91
    27 Nov 1991
    ECJ
    European
    Link[s] omitted
    Gimelec and others -v- Commission (Rec 1991,p I-5589) (Judgment) C-315/90; [1991] EUECJ C-315/90
    27 Nov 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Meico-Fell -v- Hauptzollamt Darmstadt (Rec 1991,p I-5569) (Judgment) C-273/90; [1991] EUECJ C-273/90
    27 Nov 1991
    ECJ
    European
    Link[s] omitted
    Luxembourg -v- Parliament (Rec 1991,P I-5643) (Sv91-473) (Judgment) C-213/88; [1991] EUECJ C-213/88
    28 Nov 1991
    ECJ
    European
    Link[s] omitted
    BEUC -v- Commission (Rec 1991,p I-5709) (SV91-495) (Judgment) C-170/89; [1991] EUECJ C-170/89
    28 Nov 1991
    ECJ
    European
    Link[s] omitted
    Durighello -v- INPS (Rec 1991,p I-5773) (Judgment) C-186/90; [1991] EUECJ C-186/90
    28 Nov 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Commission -v- Netherlands (Rec 1991,p I-5799) (Judgment) C-198/90; [1991] EUECJ C-198/90
    28 Nov 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Eurosport -v- Commission (Rec 1991,p II-1359) T-35/91; [1991] EUECJ T-35/91
    28 Nov 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    Schwedler -v- Parliament (Rec 1991,p I-5745) (Judgment) C-132/90; [1991] EUECJ C-132/90P
    28 Nov 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Moat and others -v- Commission (Rec 1991,p II-1387) T-78/91; [1991] EUECJ T-78/91
    4 Dec 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    Matra -v- Commission (Rec 1991,p I-5823) (Order) C-225/91
    4 Dec 1991
    ECJ
    European
    Link[s] omitted
    Posthumus -v- Oosterwoud (Rec 1991,p I-5833) (Judgment) C-121/90; [1991] EUECJ C-121/90
    6 Dec 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    C -v- Commission T-60/91; [1991] EUECJ T-60/91
    10 Dec 1991
    ECFI
    European
    Link[s] omitted
    Merci Convenzionali Porto di Genova -v- Siderurgica Gabrielli (Judgment) C-179/90; [1991] EUECJ C-179/90
    10 Dec 1991
    ECJ
    European, Commercial Casemap

    ECJ 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. That description is not affected by the fact that the worker, whilst being linked to the undertaking by a relationship of employment, is linked to other workers by a relationship of association.
    2. Although the simple fact of creating a dominant position by granting exclusive rights within the meaning of Article 90(1) of the Treaty is not as such incompatible with Article 86 of the Treaty, a State is in breach of those two provisions if the undertaking in question, merely by exercising the exclusive rights granted to it, cannot avoid abusing its dominant position or when such rights are liable to create a situation such that it is induced to commit such abuses.
    Such is the case when an undertaking to which a monopoly to perform dock work has been granted is induced either to demand payment for services which have not been requested, to charge disproportionate prices, to refuse to have recourse to modern technology or to grant price reductions to certain consumers and at the same time to offset such reductions by an increase in the charges to other consumers.
    3. A national measure which has the effect of facilitating the abuse of a dominant position capable of affecting trade between Member States is normally incompatible with Article 30 of the Treaty in so far as it has the effect of making more difficult and hence of impeding the importation of goods from other Member States.
    4. Even within the framework of Article 90 of the Treaty, the provisions of Articles 30, 48 and 86 of the Treaty have direct effect and give rise for individuals to rights which the national courts must protect.
    5. Dock work is not, in principle, a service of general economic interest exhibiting special characteristics, as compared with the general economic interest of other economic activities, which might bring it within the field of application of Article 90(2) of the Treaty. In any case, the fact that the public authorities have entrusted an undertaking with the operation of services of general economic interest does not, by virtue of the aforesaid provision, absolve it from compliance with the rules of the Treaty unless the application of those rules may obstruct the performance of the particular tasks assigned to it and unless the interests of the Community are not affected.
    [ Europa ] - [ Bailii ]
    Commission -v- Spain (Rec 1991,p I-5933,Summ pub ) (Judgment) C-192/90; [1991] EUECJ C-192/90
    10 Dec 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Commission -v- Greece (Rec 1991,p I-5863) (Judgment) C-306/89; [1991] EUECJ C-306/89
    10 Dec 1991
    ECJ
    European
    Link[s] omitted
    Commission -v- Belgium (Rec 1991,p I-5937,Summ pub ) (Judgment) C-19/91; [1991] EUECJ C-19/91
    10 Dec 1991
    ECJ
    European
    Link[s] omitted
    Hilti -v- Commission (Rec 1991,p II-1439) T-30/89; [1991] EUECJ T-30/89
    12 Dec 1991
    ECFI
    European
    Link[s] omitted
    SEP -v- Commission (Rec 1991,p II-1497) T-39/90; [1991] EUECJ T-39/90
    12 Dec 1991
    ECFI
    European
    Link[s] omitted
    Commission -v- Italy (Rec 1991,p I-6011) (Judgment) C-69/90; [1991] EUECJ C-69/90
    13 Dec 1991
    ECJ
    European
    Europa An obligation imposed on Member States by a directive to provide the Commission with full information on the measures which they have adopted in order to comply with the directive or, as the case may be, on existing provisions which already ensure its application, also means that, if a Member State considers that certain provisions of the directive do not necessitate the adoption by it of measures to implement it domestically, that State must, before the expiry of the period of implementation, inform the Commission of the reasons for its attitude so that the Commission can make its views known in that regard.
    Under Article 5 of the Treaty, Member States are required to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from Community law and to facilitate the achievement of the Community' s tasks. To that end, they must cooperate loyally with the Commission to enable it to ensure, pursuant to Article 155 of the Treaty, that Community law is applied.
    Link[s] omitted
    Rtt -v- Gb-Inno-Bm (Rec 1991,P I-5941) (Sv91-519) (Judgment) C-18/88
    13 Dec 1991
    ECJ
    European
    [ Europa ]
    Regie Des Telegraphes Et Des Telephones -v- Gb-Inno-Bm Sa. (Competition ) R-18/88; [1991] EUECJ R-18/88
    13 Dec 1991
    ECJ
    European
    [ Bailii ]
    Commission -v- Italy (Rec 1991,p I-5987) (Judgment) C-33/90; [1991] EUECJ C-33/90
    13 Dec 1991
    ECJ
    European
    Link[s] omitted
    Criminal proceedings against Nijs and Transport Vanschoonbeek-Matterne (Rec 1991,p I-6035) (Judgment) C-158/90; [1991] EUECJ C-158/90
    13 Dec 1991
    ECJ
    European
    Link[s] omitted
    Muwi Bouwgroep -v- Staatssecretaris van Financiën C-164/90; [1991] EUECJ C-164/90
    13 Dec 1991
    ECJ
    European
    Link[s] omitted
    Opinion 1/91 (Rec 1991,p I-6079) (SV91-533) (Opinion) C-1/91; [1991] EUECJ C-1/91
    14 Dec 1991
    ECJ
    European
    [ Europa ] - [ Bailii ]
    Hercules Chemicals -v- Commission (Rec 1991,p II-1711) (SVXI -v- II-83 FIXI -v- II-79) T-7/89; [1991] EUECJ T-7/89
    17 Dec 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    Enichem Anic -v- Commission (Rec 1991,p II-1623) (SVXI -v- II-1 FIXI -v- II-1) T-6/89; [1991] EUECJ T-6/89
    17 Dec 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    BASF -v- Commission T-4/89; [1991] EUECJ T-4/89
    17 Dec 1991
    ECFI
    European, Commercial
    Europa Competition - Concepts of agreement and concerted practice - Collective responsibility
    Link[s] omitted
    DSM -v- Commission (Rec 1991,p II-1833) T-8/89; [1991] EUECJ T-8/89
    17 Dec 1991
    ECFI
    European
    [ Europa ] - [ Bailii ]
    Webb -v- EMO Air Cargo (UK) Ltd; CA 20-Dec-1991