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Deutsche Post V Commission
''Deutsche Post v Commission'' (2011) C-463/10P is an EU law case, concerning judicial review in the European Union. Facts Deutsche Post and Germany claimed annulment of an order by the General Court, which declared inadmissible their actions for annulment of a Commission decision to require Germany provide information on state aid to Deutsche Post. TFEU article 108 required member states to notify the Commission of plans to grant new aid, and to give all necessary information. In 2008 the Commission sent a questionnaire on DP's revenue and costs, and a reminder letter. Germany replied that it would be disproportionate in time and work to give the information after 1994. The Commission said the information had to be given in 20 days. Deutsche Post and Germany brought an action for annulment and the Commission argued it was not an 'act', and this was upheld by the General Court. It said that an injunction for information had no sanction, so was not an 'act' open to challenge. ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all Member state of the European Union, EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg City, Luxembourg. It is composed of one judge per Member state of the European Union, member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of European Union law, Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but ra ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ...
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EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development (economics), human development. According to its Court of Justice of the European Union, Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ...
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Deutsche Post
The Deutsche Post AG, operating under the trade name Deutsche Post DHL Group, is a German multinational package delivery and supply chain management company headquartered in Bonn, Germany. It is one of the world's largest courier companies. The postal division delivers 61 million letters each day in Germany, making it Europe's largest such company. The Parcel division DHL is a wholly owned subsidiary claimed to be present in over 220 countries and territories. The Deutsche Post is the successor to the German mail authority Deutsche Bundespost, which was privatized in 1995 and became a fully independent company in 2000. Since its privatization, Deutsche Post has significantly expanded its business area through acquisitions. In late 2014, the group acquired StreetScooter GmbH, a small manufacturer of electric vehicles. Two years later, the group acquired UK Mail, a business-focused postal service in the UK for US$315.5 million (£243 million). The former company became a d ...
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General Court (European Union)
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. Competence The General Court hears disputes (such as those by persons who have been refused a trade mark by EUIPO, the EU Trade Mark and designs registry). The creation of the General Court instituted a judicial system based on two levels of jurisdiction: all cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only. In view of the increasing number of cases brought before t ...
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State Aid
State aid in the European Union is the name given to a subsidy or any other aid provided by a government that distorts competitions. Under European Union competition law the term has a legal meaning, being any measure that demonstrates any of the characteristics in Article 107 of Treaty on the Functioning of the European Union, in that if it distorts competition or the free market, it is classed by the European Union as being illegal state aid. Measures which fall within the definition of state aid are considered unlawful unless provided under an exemption or notified by the European Commission. In 2019, the EU member states provided state aid corresponding to 0.81% of the bloc's GDP. EU policy on state aid The Treaty on the Functioning of the European Union (Art. 107, para. 1) reads: "Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring cert ...
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TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union". ...
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IBM V Commission
''International Business Machines Corporation v. Commission'' (1981Case 60/81is an EU law case, concerning judicial review in the European Union. Facts The Commission sent a letter to IBM that it was bringing proceedings for abusing a dominant position, under EU competition law, inviting it to put a case. IBM sought to challenge the letter in judicial review proceedings, and the question was whether the letter was a reviewable act. Judgment The Court of Justice held this letter was not a reviewable act, just a preliminary decision. See also *European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ... References Court of Justice of the European Union case law 1981 in case law {{case-law-stub ...
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AKZO Chemie And AKZO Chemie UK V Commission
Akzo Nobel N.V., stylized as AkzoNobel, is a Dutch multinational company which creates paints and performance coatings for both industry and consumers worldwide. Headquartered in Amsterdam, the company has activities in more than 80 countries, and employs over 32,000 people. Sales in 2020 were €8.5 billion. History AkzoNobel has a long history of mergers and divestments. Parts of the current company can be traced back to 17th-century companies. The milestone mergers and divestments are the formation of AKZO in 1969, the merger with Nobel Industries in 1994 forming Akzo Nobel, and the divestment of its pharmaceutical business and the merger with ICI in 2007/2008 resulting in current-day AkzoNobel. History and formation of Akzo Akzo was formed in 1969 as merger of Algemene Kunstzijde Unie (AKU) and Koninklijke Zout Organon (KZO). The AKU was formed in 1929 when the Vereinigte Glanzstoff Fabrike (est. 1899) and Nederlandse Kunstzijdefabriek (ENKA, est. 1911) merged, forming Al ...
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