LEU Cases UPDATED

Titanium Dioxide

How should the choice of a legal basis be determined?

- Must be based upon objective factors, which include aim and content of measure (centre of gravity test)

Tobacco Advertising I

When can a UNion competence be invoked?

- A simple disparity in national laws is not enough, they must give rise to obstacles in trade or significant distortiions in the law, EU legislation must actually contribute to the elimination of obstacles to free movement

Simmenthal II

Which national institutions have the duty to apply the principle of supremacy?

- National courts are to apply EU law and dismiss rules that are not in line with EU law

Van Duyn

Do Directives have DE?

- VDE not HDE

Walrave

How should the rights provided under art 59 TFEU be interpreted?

- Art 59 TFEU comprises an unconditional prohibition, and therefore from the end of the transitional period it creates individual rights which national courts must protect

Azienda Agricola Monte Arcosu

Does direct applicability of provisions create DE?

- DE is different to direct applicability, so not all provisions will have direct effect as some provisions may require measure implementations

Kolpinghuis

Can a Directive be invoked in order to determine one's criminal liability?

- Directives have no inverse VDE. A Directive cannot have the effect of determining one's criminal liability

Munoz

Is the denial to family allowances in this case a violation of equal treatment of migrant workers?

- Family members obtain a derivitive right from their migrant worker family member

Grad

Can Council Decisions be relied upon by individuals in court?

- Council Decisions may be relied upon by individuals as it creates an obligation for MS to act in accordance to such decisions

Faccini Dori

May damages be claimed before a state for the failure of transposing a Directive?

- Failure to transpose a Directive can constitute a breach that someone may request damages from; conditions

1. Did the state fail to transpose the Directive or was it sone incorrectly?

2. Does it create rights for individuals? Are those rights specific and concrete enough?

3. Is there relevant damage?

4. Causal link between damage and failure

Adeneler

When should courts begin applying Community law consistent interpretation?

- Duty to have consistent interpretation arises after the implementation deadline

Dansk Industri

Can general principle of law be applied to determine the ruling of a case?

- Domestic law may not serve as a basis of interpretation, and domestic law application is limited by general principles of law. General principes of law may not be of higher importance in comparison to Community law

Brasserie du Pecheur

When may an individual claim compensation from the state under Community law?

- Under the following conditions

1. There is an identified breach of EU law by a MS

2. The rule of Community law breached must be intended to confer right on individuals

3. The breach must be sufficiently serious

4. The individual must have suffered damage

5. There must be a causal link between the breach and the damage

Statistical Levy

Are custom duties a quantitive measure?

- Prohibition of custom duties as a quantitive restriction on goods due to the fact that they cross a frontier

Humblot

Is taxation a form of discrimination?

- Taxation of a foreign made produts is a form of ID discrimination

Outokumpu

Is internal taxation a form of discrimination?

- Internal taxation is a type of discrimination under art 110 TFEU

Comm v UK

Is a tax rate difference on dissimilar products a form of quantitive restriction?

- Tax rate on products that are most likely not to be of local produce is a quantitive restriction

Dassonville

What are measures of an equivalent effect defined as?

- MEE are those that are capable of hindering trade between MS actually or potentially, directly or indirectly

Cassis de Dijon

How is the principle of mutual recognition applied?

- Requirements applies to lawfully produced products in another MS is a MEE, due to the application if the principle of mutual recognition

Krantz

What is the limitation of the scope of a MEE?

- When the effect is too uncertain it is not a MEE

Keck and Mithouard

What is the keck exception in the free movement of goods?

- It provides that selling arrangements are not a MEE; and if this is prohibited for the MS itself, it is not a problem

Familiapress

Is a national measure prohibiting marketing of a good considered to be a violation?

- A national prohibition should not constitute an onstacke to the marketing of a good, albeit containing prize games that do not give readers residing in the MS concerned the opportunity to win a prize

Gourmet International

Does a prohibition on advertising constitute a MEE?

- Restricitons on advertisement may constitute a MEE

Italian Trailers

What is the effect on restricting product use?

- Restrictiing product use can influence market access, considering that consumers will not be interested in buying the product, this is a restriction to maket access

Conegate

Can public morality be invoked against the principle of mutual recognition?

- The justification of public morality cannot apply in the case that the State accepts the same type of good or action from their own nationals but not from another MS

Saunders

Are wholly internal situations applicable in regards of free movement of persons?

- No

Cristini

What is the applicability of Reg 492/2011 to family members after the death of the worker from which the right is derived?

- Art 3 is applicable even after the death of the worker

Bosman

Transfer fees are contrary to EU law and nationality based restrictions are discriminatory

Adoui and Cornuaille

What constitutes direct discrimination of workers?

- Enforced a prohibition of direct discrimination against workers from other MS. It is not necessary to put all at disadvantage or at an advantage for measure to be ID discriminatory

Angonese

Do language requirements constitute discrimination?

- Enforeced a prohibition of ID discrimination against workers from other MS; and enforced that creating a requirement that creates impossibility of sibmitting rewuired proof of knowledge is disproportionate

Vlassopoulou

What constitutes a restriction to freedom of establishment?

- Moving to another MS to exercise self employes activity constitutes a cross-border element. National measures liable to hinder or make less attractive the exercise of fundamental freedoms constitute a violation of the freedom of establishment

Daily Mail

Does company law constitute a violation of art 49 TFEU?

- Unlike natural persons, companies are creatures of the law

Centros

Does the requirement of a minimum capital constitute a restriction upon the freedom is establishment?

- Even if the primary purpose of creating a branch of establishment is to benefit from favourable economics and legal conditions, companies that were established in another MS must enjoy the right to create a branch in another MS without facing unjustified restriction

Viking Line

Can fundamental freedoms be a restriction to the freedom of establishment?

- The exercise of fundamental freedoms may sometimes be a restriction to the freedom of establishment, in the case that the exercise of fundamental rights is detrimental to the establishment

Visser Vastgoed Beleggingen

How should Directive 2006/123/ EC be interpreted?

- This Directive should be interpretated in the sense of giving rights to protect services in MS that is different from where the establishment is

Luisi and Carbone

Does the refusal to provide authorization on exports constitute a violation of the free movement of goods?

- Restrictions on the free movement of goods must be appropriate and necessary, as well as proportionate

Van Binsbergen

Does ID discrimination fall within the scope of prohibitions under EU law?

- EU law, in regards to freedom is establishment prohibits all forms of D and ID discrimination

Alpine Investments

Can a prohibition that is not discriminatory in nature affect intra-community trade?

- Although the prohibition is not discriminatory in nature, if it is not analogous to the selling arrangements decided on in the Keck-exception it directly affects intra-community trade in other states

Mobistar

Can a commercially unfavourable arrangement be considered a restriction of freedom of services?

- National measures that cost extra are not restrictions

Laval un Partneri

Can a union's exercise of fundamental rights create restriction free movement?

- Even though a unions exercises its fundamental right to strike, these actions are subject to art 56 TFEU. If these actions make it less attractive to provide servies in a host state. it is restriction to free movement

Micheletti

Who decides the nationality of an individual?

- Each state decides who their nationals are and other states do not get to interfere these decisions or deny their nationality

Rottman

How may one be deprived of their citizenship?

- EU citizenship is 'destined to be the fundamental states of nationals of the MS'. Deprivation of citizenship as to be assessed as per the proportionality test

Grzelczyk

What was the scope of the right to equal treatment?

- Right to equal treatment in all situations falls within the scope of the rationale material of community law. D2004/38 now dictates that one must be a lawful resident in another MS before he is to receive equal treatment for maintenance grants as students

Förster

What are the limistations to receiving study assustence as a foreign student?

- Study assistence must not become an unreasonable burden or the state, and foreign students must demonstrate a degree of integration into the national society. Considering this, the requirements of 5 years of uninterrupted residency is not an unappropiate requirement

Dano

What is the eligibility requirement for equal treatment as a job-seeker

- An individual who has not registered as a job-seeker between the first 3 months to 5 years of habitation in a MS, is not eligible to receive equal treatment

O. and B.

In what case may one receive a derivative right to the free movement of persons?

- Family life created or strengthened in another MS, after having moved, a spouse is eligible for applying for a residence permit after having exercised the right to free movement of persons due to receiving the derivative right from their Union citizen partner

Coman

Is a MS permitted not ot recognize a marriage created in another MS?

- Marriage that is legally created in another MS must be accepted in other MS equally, regardless of whether same sex marriages are banned in the second state

Zhu and Chen

Does the parent of an EU underage citizen receive a derivative residence right?

- A derivative residence right for family members based on art 21 TFEU is given if it is necessary to ensure effectiveness of rights of EU citizens in another MS

Ruiz Zambrano

Can a derivative work permit be grnated in the basis of preventing an EU citizen losing the privilege of their EU citizen rights?

- A work permit may be granted through having a child who is an EU citizen

Internationale Handelsgesellschaft

Is the prohibition to advertise contrary to EU law?

- This is contrary to EU law as it restricts market access, the contradictory law therefore has to be set aside

Kücükdeveci

Does the refusal to a special salary constitute a discrimination on the grounds of age under EU law?

- Prohibition to discrimination on the grounds of age is established as a fundamental principle of EU law

Akerberg Fransson

When is the CFR art 51(1) applicable?

- It is always applicable to EU institutions but to MS only when they are acting in the scope of EU law so when they are implementing Union law

Melloni

Should the arresting state extradite the convict back to their MS?

- Judgement in absentia are open to review, as well as the rule that a higher standard MS is inapplicable in the case that there is already a set of EU level dimension

L.M

At what point may a state choose not to extradite a convict back to the state which is convicting and prosecuting him?

- 1. You must show that there is a real risk of inhuman or degrading treatment in art 3 ECHR

2. Show that this particular individual will be exposed to these risks (systematic deficiencies are not enough for non-execution)

ERT

Under which condtions may fundamental freedoms be restricted?

- Restrictions of fundamental freedoms must always be justifoes with fundamental rights

Höfner and Elser

ECJ case providing a definition of "undertaking" as any entity engaged in economic activity regardless its legal status and how it's financed (wide definition).

Is a public employment agency subject to possible violations under art 101 and 102 TFEU?

- A public employment agency is indeed subject to arts 101,102 TFEU and may be in violation where the satte grants exclusive rights to their exercise of activity

SAT Fluggesellschaft v Eurocontrol

Can airspace control be defined as an economic activity?

- Airspace control is an exercise of public authority rather than economic activity

Bayer

What constitutes an unilateral agreement?

- Consent in unilateral agreements would require an 'existence of an acquiescence by the otehr partners, expressed or implied, in the attitude adopted by the manufacturer'

Consten & Grundig

Can a vertical agreement constitute a breach of art 101 TFEU?

- Considering that vertival agreements could create unjustified disadvantages for third parties, such as consumers, they would have to be within the jurisdiction of the EU competition law. Vertical agreements could therefore constitute a violattion of art 101 TFEU

Imperial Chemical Industries

Parallel conduct on the market cannot be explained other than by concerting

Cartes Bancaires

What types of acts may restrict competition?

- Certain types of coordination by their nature are so harmful to the proper normal competition

Expedia

What is the distinction between restrictions by 'object' and 'effect'

- Once it has been established that the agreement has the object of restricting market access, there is no need to further examine this agreement. The destinction by object and effect exists to highlight that some practices are by their very nature restrictive

Société Technique Minière

What constitues an effect on trade?

- An effect on trade is when the agreement is "capable of constituting a threat, either direct or indirect, actual or potential, to freedom of trade between MS in a manner which might harm the attainment of the objectives of a single market between states'

Delimitis

The exclusive purchasing restriction test:

1. Assesment of the effects of the bundle of similar exclusivity agreements. Look at the total of these agreements and see if the market is so saturated that a new brand cannot enter the market

2. Does this specific agreement contribute significally to the total restrictive effect?

A product is establishes by the connection of what is being sold and provided + whether the geographical area is shared + consider similar contracts being made

Remia and Nutricia

Are non-compete clauses restrictive to market competition?

- Non-compete clauses do not necessarily restrict market competition, they may increase efficiency, but it is nevertheless a restriction by effect

United Brands

Defined dominant undertaking for: economic strength that allows it to act independently of consumers and prevent competition in the relevant market

Akzo Chemie

What types of pricing is defined as abusive?

- Prices below AVC is abusive and prices below ATC is by nature abuse if it is plan of eliminating a competitor

Michilin I

What is the position of loyalty rebates?

- Firstly, this is applicable to discounts - loyalty rebates are forbidden but quantitative rebates are permitted; secondly, of you are in a dominant position then different standards apply

Magill

Does refusal to deal constitute a restriction to market acces?

- Refusal to deal with a new customer has a strict criterion developed for constituting a violation:

1. Goods or services that are indispensable

2. Refusal prevents the new product on the market for which there is potential consumer demand

3. No objective justifications

4. All competition is excluded

Microsoft

Is product tying abusive?

- Yes, if;

1. Dominance on the market of the tying product

2. Tying product and tied product are seperate products

3. Consumers cannot obtain them seperately

4. Tying restricts competition

5. No objective justification

Porto di Genova

Is granting exclusive access a violation of EU law?

- When the state grants exclusive rights to certain practives, the state is in violation

European Parliament v Council

What is the condition for undertaking CFSP measures?

- The EP always has to stay informed of the measure undertaken for the purposes of CFSP

H v Council

Who has jurisdiction over matters regarding the CFSP?

- The general court is to have jurisdiction in the matters of review of the CFSP in cases of appeal

EP v Council (Al Qaeda Sanctions)

Can art 215(3) TFEU be used as a legal basis to combat terrorism?

- Art 215(3) TFEU may be used as a legal basis to combat terrorism

Kadi and Al Barakaat International Foundation v Council

What is the limitation of fundamental rights regarding community acts?

- All community acts must respect fundamental rights

Russia Today

When can freedom of speech be restricted?

- Under certain conditions;

1. Prohibition is temporary

2. Prohibition is reversible

3. There is no applicable restriction to third states

4. Restriction corresponding to one of the objectives of the CFSP

5. Restriction corresponds to foundations of democratic societies

6. Restriction is to fulfill the overal strategy of the Union

Rosneft

What is the general rule for individuals seeking an effective remedy?

- The court may review the legality of certain decisions, any individual whoe rights are violated by the Union should have the right to an effective remedy

Bank Refah Kargaran

Who had jurisdiction when it involves claiming damages?

- Court of Justice

Opinion of AG Jacobs in Comm v Hellenic Republic

Is armed conflict a restriction to community trade?

- It s disproportionate

Opinion 1/75

Can MS express their own position and ect individually?

- Not in line with Union objectives

Daiichi Sankyo

Is IP within the scope of the CCP?

- Yes

Opinion 2/15 Singapore

What may be a potentional basis for CCP?

- Sustainable development

EU Comm v Council (Kazakhstan)

How to determine LB?

- See Titanium Dioxide

Comm v Luxembourg and Belgium

Can MS choose to violate their obligations if another MS has broken the same obligation, or the Union itself did?

- All MS are obliged to follow their obligations, regardless of whether the community has failed to do so

Comm v Belgium

Can internal politcal problems be used as a justification for a Union law violation?

- They are irrelevant to incompliance with EU law

Dorsch Consult

What court is competent to ask the ECJ a question on interpreation of law?

- When a MS fails to implement a Directive, they overstep their limits of discretion. The competent court to ask a preliminary question would be; established by law, independent, permanent and with compulsory jurisdiction

Da Costa + CILFIT

Is the court obliged to answer questions of law or interpretation if the same question has been asked before?

- In the case that the court is asked about an acte clair, you will be referred to the appropriate judgement

Manfredi

What principles must be followed in procedural authority?

- established 2 principles;

1. Equivalence

2. Effectiveness

Factortame

How can a difficulty or an impossibility to exercise Union law be determined?

- Conditions;

1. Absence of a remedy

2. Limiting time period

3. Strict evidence rules

4. High court fees

5. Rules limiting reliance on a certain ground of appeal

Portoguese Judges

What is the scope of art 19 TFEU?

- Rules related to judicial organisation are within the scope of art 19 TFEU, and therfore the CJEU is competent to assess whether a national rule complies with the principle of judicial independence. Reduction in salary is not contrary in regards to art 19 TFEU, ECJ has the jurisdiction to assess whether this is the case

British Telecommunications

Is a misinterpretation of Union law a violation?

- Not if it is genuine

Dillenkolfer

Are individuals able to challenge an implemented measuer as a result of which they have suffered?

- Due to the direct effect of Union law, individuals may challenge EU law implementations before their national court

Köbler

Which branch should be liable for a violation of Union law?

- It does not matter whcih branch breaches EU law, if the judiciary misinterpreted it - it is still a breach liable to damages by the state from Brasserie

Plauann

How can you check whether there is an individual convern in a decision?

- Consider whether you are the only one affected actually or potentially

Jégo-Quéré

What test has to be used to check if a regulation is of individual concern?

- The Plaumann test

Inuit Tapiriit Kanatami

What type of act is a regulatory act?

- Any act that is not a legislative act

Microban

How is direct concern determined?

- If there is no discretion left to the state, the institution decides on the interpretation

Telefónica v Comm

When may a UNion measure be challenged by an individual?

- After the implementation by the MS was made, you may challenge the implementation before a national court

UK V Council (Working Time Directive)

Does the EU have a competence in regulating working time?

- The EU does have this competence

Foto-Frost

When should a antional court ask the CJEU regarding a measure interpretation?

- The court has to ask the CJEU if the act is not clear; act eclair. If it is clear then there is no need to ask the court; acte clair