List Of ECJ Rulings
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List Of ECJ Rulings
The following is a list of notable judgments of the European Court of Justice. Principles of Union Law Direct effect Treaties, Regulations and Decisions * Van Gend en Loos 26/62 963ECR 1 "The uropean EconomicCommunity constitutes a new legal order of international law for the benefit of which the emberStates have limited their sovereign rights". "The Court ... has the jurisdiction to answer ... questions referred that ... relate to the interpretation of the treaty." * Franz Grad 9/70 970ECR-825 * Commission v Italy 39/72 973ECR 101 * Reyners 2/74 974ECR 631 * Defrenne II 976ECR 455 * Amsterdam Bulb 50/76 977ECR 137 States can provide in national legislation for appropriate sanctions which are not provided for in the regulation, and can continue to regulate various related issues which are not covered in the regulation * Zaera 126/86 987ECR 3697 * Azienda Agricola C-403/98 001ECR I-103 *Steinberg T-17/10 012625 *Sharif University T-181/13 014607 Directives * ...
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European Court Of Justice
The European Court of Justice (ECJ), officially 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 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. It is composed of one judge per 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 Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ...
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Air Quality
Air pollution is the presence of substances in the Atmosphere of Earth, air that are harmful to humans, other living beings or the environment. Pollutants can be Gas, gases like Ground-level ozone, ozone or nitrogen oxides or small particles like soot and dust. It affects both outdoor air and indoor air. Natural sources of air pollution include Wildfire, wildfires, Dust storm, dust storms, and Volcanic eruption, volcanic eruptions. Indoor air pollution is often Energy poverty and cooking, caused by the use of biomass (e.g. wood) for cooking and heating. Outdoor air pollution comes from some industrial processes, the burning of Fossil fuel, fossil fuels for electricity and transport, waste management and agriculture. Many of the contributors of local air pollution, especially the burning of fossil fuels, also cause greenhouse gas emissions that cause climate change, global warming. Air pollution causes around 7 or 8 million deaths each year. It is a significant risk factor for ...
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Roquette Frères V Council
''Roquette Frères v Council'' (1980C-138/79was a ruling by the European Court of Justice which annulled a Regulation because the Council of the European Union failed to consult with the European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it .... Under Article 113 of the Treaty on the Functioning of the European Union bills covering areas such as home affairs, State aids and the harmonisation of indirect taxation must be passed via the First Special Legislative Procedure. Under this the bill starts with the European Commission and then go to the Council. The Council are required to consult with the Parliament, but do not need to follow the Parliament's opinion. This can be contrasted with the Second Special Legislative Procedure, under which parliament may accept or reject ...
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Test Achats Vs Council Of Ministers
''Association belge des Consommateurs Test-Achats ASBL v Conseil des ministres'' (2011) , , is a decision of the European Court of Justice which invalidated a provision of Directive 2004/113/EC of the European Union which permitted the continence of sexual discrimination in the provision of insurance services provided that it was based on "relevant and accurate actuarial and statistical data." The practical result of the decision was the prohibition of sexual discrimination in insurance policies. Facts A Belgian consumer association, Test-Achats, against the Belgian government claiming that the legal measure adopted by the government to transpose the Gender Directive into EU law violated the Charter of Fundamental Rights of the European Union. The Constitutional Court asked the European Court of Justice for a preliminary ruling on the validity of Article 5(2) of the directive. Judgment On 1 March 2011 the ECJ ruled in favour of Test-Achats that Article 5(2) was in breach of the ...
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Internationale Handelsgesellschaft MbH V Einfuhr- Und Vorratsstelle Für Getreide Und Futtermittel
''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel'' (1970) Case 11/70 is an EU law case and German constitutional law case concerning the conflict of law between a national legal system and the laws of the European Union. Facts The Common Agricultural Policy permitted exports only by exporters who obtained an export licence, on a deposit of money, that could be forfeited if they failed to make the export during the licence’s validity period. The Internationale Handelsgesellschaft mbH claimed that the licensing system was a disproportionate violation of their right to conduct a business under the German constitution (''Grundgesetz''), because it did more than was necessary to achieve the public objective at hand. The German Administrative Court (''Verwaltungsgericht'') made a reference to the ECJ. Judgment European Court of Justice The ECJ held that the validity of EU measures cannot be challenged on grounds of national law ru ...
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Stauder V City Of Ulm
''Stauder v City of Ulm'' (1969) is an EU law case, concerning the protection of fundamental rights in the European Union. Facts The Decision No 69/71 ECC of the European Commission provided cheap butter for welfare benefits, but required to show a coupon with a person’s name and address. Mr Stauder was entitled to buy butter at reduced prices because he was beneficiary of the welfare scheme for those disabled in the war. However, he considered it illegal to make the appearance of the name of the beneficiary on the coupon mentioned above a condition for buying the butter. He claimed this violated his dignity and challenged it. Judgment The Court of Justice held that properly interpreted, the measure did not require a name to be shown on the coupon. In doing so it acknowledged that human rights formed part of unwritten general principles of EU law: See also *European Union law *''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermit ...
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Reciprocity (international Relations)
In international relations and treaties, the principle of reciprocity states that favors, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind. For example, reciprocity has been used in the reduction of tariffs, the grant of copyrights to foreign authors, the mutual recognition and enforcement of judgments, and the relaxation of travel restrictions and visa requirements. The principle of reciprocity also governs agreements on extradition In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc .... Specific and diffuse reciprocity Several theorists have drawn a distinction between "specific reciprocity" and "diffuse reciprocity". While specific reciprocity is exemplified by international trade negotiations, as sugge ...
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Commission V
In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of another * A contract for performance or creation of a specific work * Commissioning (other), a process or service provided to validate the completeness and accuracy of a project or venture Government Civil * A government agency, regulatory agency or statutory authority which operates under the authority of a board of commissioners, including: ** Independent agencies of the United States government *An executive branch of government, often with characteristics of other branches of government: ** Town commissioners, elected local government bodies established in urban areas in Ireland in the 19th century ** City commission, a form of local government (common in the United States) ** The European Commission, a body incorporating feature ...
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On Its Own Motion
In law, ''sua sponte'' (Latin: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as ''sua sponte''.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in their official capacities. One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a special appearance (usually to challenge jurisdiction) and therefore cannot make motions on i ...
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Ministry Of Agriculture, Nature And Food Quality
The Ministry of Agriculture, Fisheries, Food Security and Nature (; LVVN) is the Dutch Ministry responsible for agricultural policy, food policy, food safety, fisheries, forestry, natural conservation and animal welfare. The Ministry was created in 1935 and in 2010 the department was merged with the Ministry of Economic Affairs and was named the Ministry of Economic Affairs, Agriculture and Innovation. The Ministry was reinstated in 2017 as the Ministry of Agriculture, Nature and Food Quality; it is headed by the Minister of Agriculture, Fisheries, Food Security and Nature (), a member of the Cabinet of the Netherlands. This post is currently occupied by Femke Wiersma of the Farmer–Citizen Movement. Despite its small size, the Netherlands is the worlds' second exporter of agricultural products, after the United States. Responsibilities The Ministry was responsible for four fields of policy: * Agriculture and fisheries; * Natural conservation, open air recreation and nati ...
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Joinder
In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and occurs if the issues or parties involved overlap sufficiently to make the process more efficient or fairer. That helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes. The term is also used in the realm of contracts to describe the joining of new parties to an existing agreement. Criminal procedure Joinder in criminal law is the inclusion of additional counts or additional defendants on an indictment. In English law, charges for any offence may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offences of the same or a similar nature. A number of defendants may be joined in the same indictment even if no single count applies to all of them if the counts are sufficien ...
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Factortame Case
''R (Factortame Ltd) v Secretary of State for Transport'' was a judicial review case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law (then Community Law) by requiring ships to have a majority of British owners if they were to be registered in the UK. The case produced a number of significant judgements on British constitutional law, and was the first time that courts held that they had power to restrain the application of an Act of Parliament pending trial and ultimately to disapply that Act when it was found to be contrary to EU law. The litigation was lengthy, and is typically divided into five main stages: *''Factortame I'', where the High Court and then the House of Lords (which functioned as the final court of appeal prior to 2009) both made a reference to the European Court of Justice (ECJ) on the legality of the Merchant Shipping Act 1988's ("MSA") requirement for UK fish ...
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