International Law

Case C?241/08, Commission v France

Posted on March 27, 2010
By its application, the Commission of the European Communities requested the Court to declare that, by failing to adopt all the laws and regulations necessary to transpose correctly Art. 6(2) and (3) of the Habitats Directive (Directive 92/43), France had failed to fulfil its obligations under that directive...

Case C?172/08, Pontina Ambiente Srl v Regione Lazio

Posted on March 27, 2010
Pontina Ambiente, whose registered office was in Rome, collected and disposed of waste. In particular, it received, in a landfill intended for that purpose, solid waste from various municipal authorities in Regione Lazio, it stocks that waste and processes it in order to produce derivatives and compost and also to reduce its volume...

Case C?518/07, Commission and EDPS v Germany

Posted on March 27, 2010
With regard to the protection of individuals with regard to the processing of personal data of individuals, German law made a distinction depending on whether or not that processing was carried out by public bodies. There was therefore a difference between the authorities responsible, on the one hand, for monitoring compliance with the provisions concerning data protection by public bodies and, on the other hand, for monitoring compliance with data protection by non-public bodies and undertakings governed by public law which compete on the market (öffentlich-rechtliche Wettbewerbsunternehmen)...

Case C?118/08, Transportes Urbanos

Posted on March 27, 2010
The Spanish Law 37/1992 provided for limitations on the right of a taxable person to deduct VAT on the purchase of goods or services which were subsidised. Those limitations entered into force as of the 1998 tax year. It Law also provided that every taxable person was required to file periodic tax returns, in which he must calculate the amount of VAT due by him (?self-assessment?)...

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Case C?470/08, Kornelis van Dijk v Kampen

Posted on March 27, 2010
Since 1982, Mr van Dijk had leased from the Dutch Municipality of Kampen (pictured right) a number of parcels of agricultural land totaling 34 hectares, 2 acres and 36 centiares. The lease between the two parties did not contain any clauses relating to the income supported scheme or payment entitlements...

I was meaning to post on this earlier,

Posted on January 08, 2010
I was meaning to post on this earlier, but due to some technical problems was unable to do so before.Giuseppe Martinico mailed me asking me to inform you about a conference he is organising, entitled 'National judges and supranational laws: on the effective application of the EC law and the ECHR'...

Case C-519/07, Koninklijke FrieslandCampina

Posted on November 11, 2009
In 1997, the Member States adopted a code of conduct for business taxation, by which they agreed to dismantle progressively specific tax measures categorised as harmful, while the Commission expressed its intention to examine or re-examine, with regard to the rules governing State aid, the tax schemes in force in the Member States...

Case C?196/08, Acoset

Posted on November 10, 2009
This reference for a preliminary ruling concerned the legal regime governing public-private partnership arrangements in the context of the management of public services. As is well known, the direct attribution of the management of public services to a semi-public company is contrary to Community law if the requirements of the directives on public procurement are not satisfied...

Case C?427/07, Commission v Ireland

Posted on September 16, 2009
>> Court interprets several provisions of Århus Directive, EIA Directive and IPPC DirectiveThis was an interesting case on Directive 2003/35, which, as was well known, together with Directive 2003/4/EC, implemented the first and second ?pillars? of the Århus Convention on access to information, public participation in decision-making and access to justice in environmental matters...

Case C?254/08, Futura Immobiliare srl Hotel Futura

Posted on September 10, 2009
This reference for a preliminary ruling concerned the interpretation of Art. 15(a) of the Waste Framework Directive (Directive 2006/12/EC) and, in particular, the ?polluter pays? principle enshrined therein.Futura Immobiliare and Others were hotel businesses in the municipality of Casoria...

Case C?319/07 P, 3F v. Commission

Posted on September 10, 2009
This was a rather extraordinary case on state aid. On 1 July 1988, Denmark established a Danish International Register of Shipping (?the DIS register?). That register was in addition to the ordinary Danish register of ships (?the DAS register?). The DIS register was intended to combat the flight from Community flags to flags of convenience...

Case C?558/07, S.P.C.M. and others

Posted on July 17, 2009
Court upholds validity of Article 6(3) of REACH Directive This reference for a preliminary ruling concerned the interpretation and validity of Art. 6(3) of Regulation 1907/2006 of the European Parliament and of the Council of December 18, 2006 concerning the Registration, Evaluation, Authorization and restriction of Chemicals (?the REACH Regulation?)...

Case C-34/08, Azienda Agricola Disarò Antonio and Others

Posted on July 14, 2009
Validity of Regulation 1788/2003 on milk levy upheldThis reference for a preliminary ruling concerned the validity of Regulation 1788/2003 establishing a levy in the milk and milk products sector. The claimants in the main proceedings were milk producers and members of Cooperativa Milka, a cooperative society which, by virtue of its status as ?first purchaser?, was responsible for collecting the levy in accordance with Art...

Case C?504/07, Antrop and Others

Posted on July 13, 2009
Court further clarifies Altmark criteriaThis reference for a preliminary ruling concerned Arts 73 EC and 87 EC and Regulation 1191/69. Carris was a public undertaking which, by administrative contract, obtained a public service concession for passenger transport by bus , electric vehicles and mechanical lifts within the administrative limits of the city of Lisbon...

Case C?241/07, JK Otsa Talu OÜ v PRIA

Posted on July 13, 2009
Court confirms principles of equal treatment, protection of legitimate expectations, and others, applying to implementing measuresThis case concerned the interpretation of Regulation 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)...

Case C- 553/07, Rotterdam v Rijkeboer (2009)

Posted on June 21, 2009
This case concerned a preliminary question from the Dutch Raad van State (Council of State) on the interpretation of Arts 6 and 12 of Directive 95/46. As was well known, this Directive deals with the protection of individuals with regard to the processing of personal data and on the free movement of such data...

Case C-362/06 P, Sahlstedt

Posted on May 03, 2009
This case concerned Decision 2005/101, by which the Commission had adopted, pursuant to the Habitats Directive, the list of sites of Community importance for the Boreal biogeographical region.These areas are designated following a three-stage procedure described in Art...

Case C?431/07 P, Bouygues and Bouygues Télécom v Commission

Posted on April 26, 2009
Retroactive reduction of fees for 3G licences not constituting State AidOn July 28, 2000, the French government launched a call for applications for the award of four licences for the introduction of UMTS mobile and wireless communications systems in metropolitan France...

Case C-205/07, Gysbrechts and Santurel-Inter

Posted on March 25, 2009
>> Articles 29 EC not precluding prohibition of requiring advance or any payment before expiry of period for withdrawal in the case of distance sellingGysbrechts was the business manager of Santurel, a company specialising in the wholesale and retail sale of food supplements...

Case C-285/07, A.T. v Finanzamt Stuttgart-Körperschaften

Posted on March 25, 2009
>> German tax legislation infringing Articles 8 of Merger DirectiveThis case concerned the question whether art. 8(1) and (2) of Directive 90/434 (the Merger Directive) precluded legislation of a Member State under which, in consequence of an exchange of shares, the shareholders of the acquired company were taxed on the capital gains arising from the transfer and the capital gain was deemed to correspond to the difference between the initial cost of acquiring the shares transferred and their market value, unless the acquiring company carried over the historical book value of the shares transferred in its own tax balance sheet...

Case C?301/06, Ireland v Parliament and Council

Posted on March 25, 2009
>> Court upholds validity of the Data Retention Directive In 2004, France, Ireland, Sweden, and the United Kingdom submitted to the Council a draft of a framework decision based on arts 31(1)(c) and 34(2)(b) EU. The draft concerned the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data in public communication networks for the purposes of the prevention, investigation, detection and prosecution of criminal offences, including terrorism...

Case C-45/07, Commission v Greece

Posted on March 25, 2009
>> Court of Justice holds Greek IMO proposal infringing Community principles, reiterating its famous AETR case lawIn this case, the Commission sought a declaration from the Court that, by submitting to the International Maritime Organisation (or ?IMO?, (headquarters above)) a proposal for monitoring the compliance of ships and port facilities with the requirements of the International Convention for the Safety of Life at Sea ( ?the SOLAS Convention?) and the International Ship and Port Facility Security Code ( ?the ISPS Code?), the Greece had failed to fulfil its obligations under arts 10 EC, 71 EC and 80(2) EC...

Case C-19/08, Migrationsverket v Petrosian

Posted on March 25, 2009
>> Court of Justice defines scope of Articles 20(1)(d) and 20(2) of Dublin II RegulationThis case concerned the question whether arts 20(1)(d) and 20(2) of Regulation 343/2003 (the Dublin II Regulation) were to be interpreted as meaning that responsibility for the examination of an application for asylum passed to the Member State where the application was lodged if the transfer was not carried out within six months after a temporary decision had been made to suspend the transfer and irrespective of when the final decision was made on whether the transfer was to be carried out...

Case C-214/07, Commission v France

Posted on November 21, 2008
>> Court articulates criteria absolute impossibility of giving effect to decisionDecision 2004/343 classified as a State aid scheme a scheme of tax exemptions provided for in three provisions of the French General Tax Code. These provisions exempted companies created to take over the activities of industrial firms in difficulty from corporation tax for a period of two years...

Case C?209/07, Competition Authority v BIDS

Posted on November 21, 2008
>> Court reiterates Art. 81 infringement must be examined by looking at object of agreements rather than actual effects on marketIn light of the high overcapacity in the Irish beef processing industry, processors formed the so-called Beef Industry Development Society Ltd (BIDS)...

C-324/07, Coditel Brabant

Posted on November 18, 2008
Following a call for tenders, Coditel applied for a concession to operate the cable television network of the Municipality of Uccle. However, the Uccle municipal council (town hall pictured above) subsequently decided to sell the network rather than grant a concession, after which Coditel submitted a purchase bid under the terms of the relevant tender...

Case C-248/07, Trespa v Nova Haven- en Vervoerbedrijf

Posted on November 14, 2008
>> Court clarifies several concepts of Regulation 2454/93 This reference for a preliminary ruling concerned the interpretation of Arts 1a, 291 and 297 of Regulation 2454/93, which implemented Regulation 2913/92 establishing the Community Customs Code...

Case T?69/04, Schunk and Schunk Kohlenstoff-Technik v Commission

Posted on November 13, 2008
>> Court confirms Commission?s decision carbon cartel (II)For the facts of this case see this post. The applicants of the present case requested the Court to annul the decision of the Commission or, in the alternative, reduce the amount of the fine imposed...

Case T?68/04, SGL Carbon v Commission

Posted on November 13, 2008
>> Court confirms Commission?s decision carbon cartel (I)This case concerned a Commission decision imposing fines a number of companies for infringement of Article 81(1) EC and Article 53(1) EEA by taking part in a series of agreements and concerted practices on the market in carbon and graphite-based products for electrical and mechanical applications...

Case C-141/07, Commission v Germany

Posted on November 13, 2008
>> German Law on Pharmacies infringing Art. 28 but justified on grounds of public healthBy its application the Commission sought a declaration from the Court that, by providing in Paragraph 14(5) and (6) of the German Law on Pharmacies that the conclusion of a contract for the supply of medicinal products was subject to cumulative conditions whose effect was to make it impossible in practice for a hospital in Germany to be supplied on a regular basis by pharmacies established in other Member States, Germany had failed to fulfil its obligations under Arts 28 EC and 30 EC...

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