EU Law I: List of Case Law
From BluWiki
Important cases are missing. Feel free to add them!
| Case | Content | Outcome |
|---|---|---|
| Cassis de Dijon case | ||
| Cilfit Case (1982) | Whether tarrifs imposed on textile manufacturer in breach of Regulation | National courts need not refer to the ECJ if the question of EC law is so obvious to allow of only one reasonable interpretation, or if it has already been decided, or if the answer is irrelevant to the outcome |
| Costa ENEL | Whether a utility company was properly constituted according to EC law | According to ECJ, national courts much give priority to EC law, even when it is in clear conflict with a fundamental principle of national law |
| Hauer | ||
| Francovich (1991) | Whether non-implementation of Directive on protection of employees upon employer's insolvency gave rise to cause of action | Yes, and damages is the appropriate remedy |
| Köbler | Whether (and under what conditions) the state can be hold liable if the highest national court infringed EC law | Yes, state can be held liable under certain conditions |
| Nold | ||
| Plaumann (1962) | Whether individual could use Art. 230 EC procedure against Regulation which had the potential to cause loss | Maybe; but there was no need in this case -- the legislation could be read down. |
| Rutili (1975) | ||
| Recovery of indirect taxes | ||
| Stauder (1969) | Whether EC legislation could be set aside as being an affront to human dignity | No, 'individual concern' was limited to measures which applied to an individual because of some unique feature or circumstance |
| Tobacco advertising | ||
| Rutili | ||
| Van Duyn (1974) | Whether UK government could prevent entry of worker on political grounds | Individual could rely on Directive against the state -- there was implied Vertical Direct Effect |
| Van Gend en Loos (1963) | Whether private company could rely on EC law on abolition of customs tarrifs | Treaty provisions have Direct Effect if certain conditions are met |
References & Links
Lecture Slides covering this topic
- ()
See also
