EU law- case law

Schuman Declaration (1950)

Summary: Proposed pooling French & German coal and steel production under a supranational authority.
Significance: Birth of the European integration project — led to creation of the ECSC and, later, the EU.
Use for: History / foundations of the EU

C-432/04, Commission v. Edith Cresson

Summary: Former EU Commissioner appointed a friend to a post without merit.
Significance: Commissioners can be held accountable for breaches of duty — reinforces integrity of EU institutions.
Use for: Institutional accountability / Commission responsibilities.

C-409/13, Council v. Commission

Summary: Conflict over external representation (WHO tobacco convention).
Significance: Clarified division of external competences between Council & Commission.
Use for: EU external relations / institutional balance.

C-163/10, Aldo Patriciello

Summary: Italian MEP invoked immunity for statements made domestically.
Significance: Interprets parliamentary immunity under Protocol 7 TFEU.
Use for: EP member privileges / institutional law.

Opinion 2/94 (1996)

Summary: EC could not accede to the ECHR without Treaty amendment.
Significance: Shows limits of EU competences — no implied powers.
Use for: EU external powers / fundamental rights history.

C-547/14, Philip Morris

Summary: Tobacco Directive upheld.
Significance: Confirmed broad scope of EU internal market harmonization (Art. 114 TFEU).
Use for: Internal market competence / proportionality.

C-617/10, Åkerberg Fransson

Summary: Double punishment and Charter of Fundamental Rights applicability.
Significance: Charter applies whenever national law implements EU law.
Use for: Charter scope / fundamental rights enforcement.

C-26/62, Van Gend en Loos

Summary: Individuals can invoke EU law before national courts.
Significance: Established direct effect.

• clear precise and unconditional
  Use for: Foundations / enforcement of EU law.

C-6/64, Costa v. ENEL

Summary: Conflict between national and EU law.
Significance: Established supremacy of EU law.
Use for: Supremacy principle.

C-91/92, Dori

Summary: Directive not implemented — consumer rights.
Significance: No horizontal direct effect of directives.
Use for: Direct effect limits / directives.

C-46/93 & C-48/93, Brasserie du Pêcheur

Summary: Damages for state breach of EU law.
Significance: Defines State liability conditions (sufficiently serious breach).

• eu rule confers rights on individuals

• breach is sufficiently serious

• direct and causal link between breach and damage
  Use for: Enforcement of EU law / remedies.

C-6/90 & C-9/90, Francovich

Summary: Italy failed to implement Directive on insolvency protection.
Significance: Created State liability principle and damages

• The directive grants rights to individuals (e.g., the right to be paid from a company insolvency fund).

• Those rights can be clearly identified from the directive’s wording.

• There is a direct link between the State’s failure (e.g., not implementing the directive) and the individual’s loss.
  Use for: Enforcement of EU law / non-implementation of directives

C-25/62, Plaumann

Summary: Defined “individual concern” for standing.
Significance: Set strict locus standi test for individuals (direct & individual concern).
Use for: Judicial review / Art. 263 TFEU standing.

C-50/00 P, Union de Pequeños Agricultores

Summary: Challenged Plaumann; Court upheld strict test.
Significance: No relaxation of individual standing.
Use for: Access to justice / Art. 263 review limits.

C-387/97, Commission v. Greece

Summary: Waste management failures.
Significance: Article 260 TFEU – Member States can face fines for non-compliance.

3 criteria for calculating a penalty payment:

1.Duration of the infringement

2.Its degree of seriousness

3.The ability of the MS to pay
Use for: Enforcement actions.

C-85/96, Martinez Sala

Summary: Spanish national denied child benefit in Germany.
Significance: Union citizenship + non-discrimination on nationality.
Use for: Free movement of persons / social benefits.

C-200/02, Chen

Summary: Chinese mother with Irish child in the UK.
Significance: Child’s EU citizenship rights give residence rights to caretaker parent.
Use for: Citizenship / derivative rights.

C-34/09, Ruiz Zambrano

Summary: Parents of EU citizen children (Belgium).
Significance: No expulsion if it deprives EU citizen children of genuine enjoyment of rights.
Use for: Core rights of EU citizenship.

C-133/15, Chavez-Vilchez

Summary: Clarified Zambrano — must assess child’s dependency.
Significance: Case-by-case dependency analysis.
Use for: Citizenship rights / family residence.

C-221/17, Tjebbes

Summary: Loss of nationality due to long residence abroad.
Significance: Limits automatic loss if disproportionate under EU law.
Use for: Citizenship / proportionality.

C-157/15, Achbita

Summary: Employee banned for wearing headscarf.
Significance: Neutrality policy may be lawful if proportionate.

• real need

• objective

• necessary
  Use for: Discrimination / employment law (Directive 2000/78).

C-13/94, P v S

Summary: Transgender dismissal case.
Significance: discrimination because someone is undergoing or has undergone gender reassignment is a form of sex discrimination.
Use for: Equality / Directive 2006/54 / human rights.

C-66/85, Lawrie-Blum

Summary: Teacher training in Germany; worker definition.
Significance: Defined “worker” under Art. 45 TFEU (real & genuine activity for pay).

• provide services to another

• receives renumeration

• works under employer
  Use for: Free movement of workers.

C-415/93, Bosman

Summary: Football transfer rules restricted player mobility.
Significance: Free movement of workers applies to sports; bans restrictive transfers.
Use for: Internal market / free movement.

C-411/10 & C-493/10, N.S. and M.E.

Summary: Asylum transfers under Dublin system to Greece.
Significance: No transfers if systemic deficiencies violate fundamental rights.
Use for: Asylum / Dublin Regulation limits.

Directive 2004/38/EC (Citizens’ Directive)

Summary: Regulates free movement & residence of EU citizens and families.
Significance: Core legal basis for citizenship rights.
Use for: Residence rights / expulsion / family reunification.

Directive 2000/43/EC (Race Equality Directive)

Summary: Prohibits racial/ethnic discrimination in employment, education, goods/services.
Use for: Equality law / non-discrimination.

Directive 2000/78/EC (Framework Directive)

Summary: Prohibits discrimination based on religion, disability, age, sexual orientation at work.
Use for: Employment equality / Achbita case.

Directive 2003/109/EC (Long-term Residents Directive)

Summary: Grants TCNs equal treatment after 5 years legal residence.
Use for: Migration law / TCN rights.

Regulation 604/2013 (Dublin III)

Summary: Determines which Member State is responsible for asylum claims.
Use for: Asylum / responsibility-sharing / N.S. case.

Defrenne v sabena

Summary:
A female flight attendant sued her employer, Sabena, for paying her less than male colleagues doing the same work. The Court of Justice held that Article 119 EEC (now Article 157 TFEU) on equal pay for men and women had direct effect, meaning individuals could invoke it before national courts against both public and private employers.

Importance:

• Established horizontal direct effect of Treaty provisions (applies between private parties).

• Strengthened gender equality as a fundamental EU principle.

Foster (Case C-188/89)

a body constitutes an emanation of the state when it

1) provides public services,

2) does so under state control,

3)has special powers

Marshall (Case 152/84):

Directives cannot have horizontal direct effect. It is for the national courts to determine the status of a body for the purpose of determining whether or not a directive could be directly enforced against it

Bergaderm v Commission (Case C-352/98)

conditions for the liability of a union Institution

Non-Contractual Liability:

-Rule of law infringed must confer rights to individuals,

-Breach of that rule of law must be sufficiently serious,

-There must be a direct casual link between breach of theobligation and damaged sustained.

FIAMM Case T-69/00

Liability for a lawful act:

1.Actual damage is sustained

2.There is a casual link between that damageand the conduct of the Union institution

3.Damage in question is of an unusual andspecial nature.

Citizens’ Rights Directive (2004/38/EC)

Who it applies to: EU citizens and their family members moving or residing in another Member State.
Main purpose: Sets out the right to move and reside freely within the EU.
When it applies: When an EU citizen goes to another Member State to work, study, or live (includes jobseekers and family).
Key rights: Residence up to 3 months without conditions; longer stays if working, studying, or self-sufficient; permanent residence after 5 years.

Seasonal Workers Directive (2014/36/EU

Who it applies to: Third-country nationals (non-EU) coming to the EU temporarily for seasonal work (e.g., agriculture, tourism).
Main purpose: Regulates entry, stay, and rights of seasonal workers.
When it applies: When a non-EU worker is hired for a limited period to perform work linked to a season.
Key rights: Equal treatment with nationals in working conditions, social security, and protection against exploitation.

Research & Students Directive (2016/801/EU)

Who it applies to: Third-country nationals entering the EU for research, studies, training, volunteering, or au pairing.
Main purpose: Facilitates entry and mobility of researchers and students across Member States.
When it applies: When a non-EU person comes for academic or training purposes (e.g., studying at a university).
Key rights: Easier mobility between EU states and the right to work part-time during studies or research.

Blue Card Directive (2021/1883/EU)

Who it applies to: Highly qualified third-country workers with a work contract and higher education qualifications.
Main purpose: Attract skilled migration to the EU by granting a special residence and work permit (the “EU Blue Card”).
When it applies: When a non-EU national is employed in a highly skilled job in an EU country.
Key rights: Equal treatment with nationals, mobility within the EU, and family reunification rights.