E U case law summary

Van Gend en Loos

Dutch import tax, establishes Direct Effect (esp. for treaty articles with negative effects), vertical application of direct effect

Costa v Enel

Italian electricity company nationalisation not conforming to EU law, asserts doctrine of supremacy of EU Law over domestic law

Amministrazione delle Finanze dello Stato v Simmenthal SpA

EU Law supremacy confirmed unconditionally

Cooperativa Agricola Zootecnica S. Antonio and Others v Amministrazione delle finanze dello Stato

Establishes two requirements for fulfilling Van Gend en Loos(sufficiently clear and precise to give rise rise to rights, must be unconditional)

Defrenne v SABENA (No 2)

Sex discrimination- equal pay on airline, example of Direct Effect criteria applied, articles can be horizontal and vertical in direct effect

Alfons Lutticke

Treaty articles with positive obligations have direct effect after any relevant implementation deadlines have passed.

Franz Grad v Finanzmant Traunstein

Regulations and directives have direct effect

Grimaldi v Fonds des Maladies Professionnelles

Recommendation and opinions are not binding forms of EU Law: no direct effect

Van Duyn v Home Office

Scientology ban. Directives can have vertical direct effect if Van Gend is satisfied. If court can successfully interpret a right, it is sufficiently clear and precise.
Measures taken on the grounds of public policy and public security must be based exclusively on the personal conduct of the individual.

Marshall v Southampton and South West Area Helth Authority

Directive cannot have horizontal direct effect

Ratti

Directive is only directly effective after deadline has been implemented, but if deadline is missed, direct effect occurs (estoppel)

NUT v Governing Body of St Mary's Church of England School (Aided) Junior School

The bipartite test for emanations of the state may be used in place of the tripartite test

Von Colson

Female prison officers- no direct effect as not sufficiently clear or precise, but gives rise to indirect effect. Interpret in light of wording and purpose of directive. Applies vertically.

Francovich

State liability- no implementation and deadline had passed.

Foster v British Gas

Construction of tests for emanation of state (bipartite: under control of state or has special powers, tripartite: responsible for public service, under state control, and has special powers for that purpose)

Doughty v Rolls

Operating at arm's length from the state, not an emanation (tripartite)

Griffin v South West Water Services

Emanation under tripartite test

Una Film

Only case where the choice of emanation test made a difference

Harz

Indirect effect applies horizontally

Adeneler

Indirect effect applies after deadline

Marleasing

For Indirect Effect, interpret national legislation whether adopted before or after the directive's implementation date

Wagner Miret

It is not always possible to interpret national law in light of directive (as happened here).

Pupino

National courts are not required to interpret for indirect effect against the principles of their own law

Webb

UK demonstration of Marleasing- legislation unrelated to EU law could be interpreted

IDT Card Services

Can't rewrite legislation or go against its purpose- only interpret

Brasserie du Pecheur

For state liability, the breach must be sufficiently serious, there must be a direct causal link between breach and damage, andthe law must confer rights.

Hedley Lomas

Live animals to Spain- mere infringement where no discretion was given to adapt law=sufficiently serious breach for state liability.

Dillenkofer

Brasserie du Pecheur and Francovich are essentially the same.

Factortame

Spanish fishing

Commission v Italy (Italian Art)

Goods are products that can be valued in money and which are capable of forming the subject of commercial transactions. Customs duties are charges having the effect that an imported good is more expensive relative to rival domestic goods.

Van Gend en Loos

Customs duty imposed on chemical imported to Holland- ruled that article 30 is directly effective

Commissions v Italy (Statistical Levy)

A levy imposed on all imports and exports for collecting statistical material gave no benefit to importers and was therefore a charge of equivalent effect to a customs duty. Any pecuniary charge however small and whatever the designation even if not discriminatory or protective is a charge of equivalent effect.

Diamantarbeiders v Chougol

Charges on imports are prohibited even where they are non-protectionist

Commission v Germany (Case 18/87)

Veterinary inspections were not a CEE as were necessary for EU law compliance. Where a charge relates to a general sustem of internal dues applied to domestic and improted products, is a proportional sum for services rendered or is attached to inspections required under EU legislation, they do not fall within ambit of Article 30.

Dansk Denkavit v Danish Ministry of Agriculture

A charge imposed for checking samples of foodstuffs was not a CEE under article 30.

Bresciani v Amministrazione Italiana delle Finanze

Public health inspections on cowhides were in the public interest and needed to be paid from public funds, not by importers. Criteria for internal dues must be applied to domestic and imported products in the same way.

Commission v Belgium (Customs Warehouses)

Charges for use of a warehouse where customs clearance was completed was a charge having equivalent effect. In order to not be a CEE, the charge must be consideration for a service rendered, of benefit to the importer, and be commensurate with costs of service.

Lutticke v Hauptzollamt

Article 110 has direct effect

Commission v France (Repographic Machinery)

A tax governed by article 110 is a general system of internal dues applied systematically and in accordance with the same criteria to domestic products and imported products alike. Any such tax is permissible unless it is protectionist or discriminatory against imports. CEEs are only borne by imported products.

Commission v France (Spirits)

Similarity between goods will be determined on basis of similar and comparable use.
Article 110(2) applies to goods that are not similar but are nonetheless in competition.

Rewe-Zentrale

Test for similar goods is whether at the same stage of production or marketing the products had similar characteristics and met the same needs from point of view of consumer.

John Walker v Afgifter

Danish whisky tax higher than on fruit liqueur. Not similar. Production method was wholly different. Consumption patterns not sufficient to render them similar. Characteristics for similar goods determined objectively. Needs are determined from point of view of consumer.

Commission v Denmark

Wine made from grapes and wine made from fruit taxed differently. Held to be similar goods. Met same needs for consumer- refreshments at meal times. Method of manufacturing was identical.

Tarantik v Direction des Services Fiscaux de Seine et Marne

Cars will be judged for similarity based on price, size, comfort, performance, fuel consumption, durability, reliability and other matters. CJ emphasises need for flexibility and a broad economic approach.

Commission v Italy (Regenerated Oil)

Lower tax on sale of regenerated oil than that imposed on normal oil, but only for domestic products. Imported regenerated oil still paid higher tax. Discriminatory tax, example of direct discrimination tax in breach of article 110.

Nadasdi and Nemeth

Taxation might be indirectly discriminatory as a result of its effects.

Humblot v Directeur des Services Fiscaux

Humblot paid higher tax on bigger engine. French cars did not have large engines so the tax was indirectly discriminatory against imported cars. Tax increase was disproportionate to engine size increase. An incremental tax would not have been discriminatory.

Chemial Farmaceutici

High tax on synthetic alcohol, mainly imported, was not indirectly discriminatory as it promoted argicultural production and environmental benefits

Commission v Greece

Taxes on cylinder capacity of car, social policy allowed tax increases discouraging purchase of cars with larger cylinders and so was not discriminatory even though only smaller cylinder cars were produced in Greece.

Commission v UK (Wine and Beer)

Wine and beer in competition even though not similar. Tax on wine made it expensive to consume. Tax policies of member states should not crystallise consumer habits and custom to the advantage of national industries.

Commission v Belgium

The tax difference was less than the retail price difference, therefore there was no protectionist tax on beer as against wine.

Cooperativa Co-Frutta v Amministrazione delle Finanze dello Stato

No domestic production of bananas but no equivalent tax imposed on other fruit compared to bananas, therefore there was an indirectly discriminatory tax with protective effect on domestic fruits.

Commission v France

The French government was found liable under Article 34 for not taking adequate measures against French farmers who had for years sabotaged imports of Spanish strawberries.

Geddo v Ente Nazionale Risi

Quantative restrictions defined as measures which amount to a total or partial restraint of imports, exports or goods in transit

R v Henn & Darby

UK ban on pornographic material was a ban on imports constituting a quantative restriction. Public morality was used successfully as a defence

International Fruit Co (No 2)

A quota on a product import is a QR; includes licensing systems of the same effect.

Procureur du Roi v Benoit and Gustave Dassonville

Belgian law requiring indication of origin state on goods was a distinctly applicable MEQR. Considered an onerous rule. Definition of MEQR as a trading rule capable of hindering trade actually or potentially, directly or indirectly

Walter Rau v de Smedt

Indistinct MEQR: Cubic packages demand for margarine was an MEQR- prohibited import of foreign margarine that was not packaged the same way

Commission v Ireland (Buy Irish)

Potential to hinder sales of imported goods was an MEQR even though intended result was not achieved

Firma Denkavit v Minister fur Ernahgrung

Imposition of additional requirements on imported goods is a distinctly applicable MEQR

Commission v Ireland (Irish Souvenirs)

Placing the word "foreign" on imported goods was held to be a distinctly applicable MEQR

Criminal Proceedings against Keck and Mithouard

Product requirements that will be indistinctly applicable MEQRS include designation, form, size, weight, composition, presentation, labelling and packaging. Introduction of "selling arrangements"- not MEQRs. Selling arrangements apply to all affected traders in that MS and affect in the same manner in law and fact the marketing of domestic and imported goods.

Commission v Ireland (Re Dundalk Water Supply)

Only one company made pipes to requirements of Irish government and it was Irish. If "equivalent" had been included in requirements no MEQR would have been found.

Conegate v HM Customs

The derogation of public morality was not allowed for a QR on love dolls imported from Germany as there was a manufacturing market in the UK

R v Thompson

UK ban on export of silver coins to protect mint coinage was allowed on derogation of public policy

Cullett v Leclerc

Public policy derogation was rejected by CJ; Leclerc was selling petrol at low prices and claimant argued public disorder would be created. French government had means to deal with such disruption.

Campus Oil v Minister for Industry and Energy

Derogation of public security allowed for Ireland with an MEQR on buying petrol from Irish producers as it allowed Ireland to maintain its own oil refining capacity

Commission v Greece

State's claim to exclusive marketing of oil products was not proportionate- no derogation on MEQR

Commission v Germany (Beer purity)

No evidence of additives harming public health; MEQR on beer marketing was not allowed in Germany. Objective evidence must be provided in order to use derogation of public health.

Santoz

Dutch refusal on imports of muesli bars with added vitamins was allowed as there wasn't enough evidence to suggest such additions were safe

Commission v UK (Imports of Poultry Meat)

Arbitrary quota on poultry imports before Christmas was not allowed on public health grounds

Criminal Proceedings Against Bluhme

Preservation of Laeso bee was a good derogation for MEQR restricting import of other bees- maintenance of biodiversity

PreussenElektra v Schhleswag

Minimum fixed prices on electricity produced from renewable energy sources was environmental protection derogation on MEQRs

Commission v Italy (Italian Art)

Unsuccessful use of national treasures derogation.

Commission v Netherlands

MSs must act in a proportionate manner in order to derogate from Article 34. In this case, a Dutch blanket ban on fortified foods was disproportionate and should have been judged on a case-by-case basis.

Rewe-Zentral (Cassis de Dijon)

Leading case on additional defence to indistinctly applicable MEQRs. 25% minimum alcohol content on certain spirits in Germany. Need to balance presumption of mutual recognition with rule of reason (defence). Rule of reason did not apply. Must relate to fiscal supervision, protection of public health, fairness of commercial transactions or defence of consumer.

Verein v Mars

Presumption of mutual recognition- if a product is lawfully sold in one MS it may only be refused in another under Article 36 derogations or rule of reason

Commission v Italy (Relabelling of Cocoa Products)

Chocolate with vegetable fats in Italy had to be labelled as chocolate substitute. Presumption of mutual recognition applied.

Cinetheque v Federation Nationale des Cinemas Francais

Protection of cultural activities is another mandatory requirement for rule of reason defence- ban on sale of films in first year of release

Commission v Denmark (Disposable Beer Cans)

Protection of environment added as a rule of reason defence- proportional effect of protecting the environment

Schmidberger

Motorway was allowed to be closed for a demonstration by Austrian government

Criminal Proceedings against Tankstation

Dutch rules prohibiting petrol stations to be open at night were not caught by article 34- selling arrangement.

De Agostini

Swedish ban on television advertising aimed at children might be a selling arrangement that infringes the second element of selling arrangements

Gourmet International

Swedish ban on promoting alcoholic beverages in magazines not sold at point of sale of beverage, was a selling arrangement that constituted an MEQR as it favoured domestic products.

Familiapress

Competitions with prize money in Austria were banned- selling arrangement consituting an infringement of article 34.

Groenveld v Produktschap voor Vee en Vlees

Dutch law prohibited manufacturers of meat from stocking horsemeat; indistinctly applicable MEQR

Walrave & Koch v Association Union Cycliste Internationale

Workers have more social rights than the self-employed in foreign jurisdictions; was a pacer in a cylcing race a worker? Yes- an economic activity.

Hoekstra

The CJ has the ultimate authority to define the meaning and scope of the term "worker"

Lawrie-Blum

A worker is a person that performs services for and under the direction of another person in return for remuneration. British national training to be a teacher in Germany was a worker as she would fulfil the three stage test during course of training.

Levin

A worker must pursue a genuine and effective activity, not merely a marginal or ancillary role; part-time employee applying for a residence permit in Holland. Part-time work is only included in term "worker" if work is neither minimal nor nominal.

Kempf

German music teacher receiving social security benefits in Holland; a worker need only pursue a genuine and effective economic activity, and need not earn an income sufficient to meet needs

Steymann

Important work for a religious community in exchange for pocket money, accomodation and food constituted conditions for being a "worker"

Bettray

Working as part of a compulsory drug rehab programme was not a "worker" as it was ancillary to another purpose. Authority criticised- might not be followed today.

R v Immigration Appeal Tribunal (ex p Antonissen)

A person is entitled to remain beyond any period stipulated in national legislation if able to show that he or she was economically active, making a genuine effort to find work and had a realistic prospect of obtaining it. Limitations may however be imposed on social security benefits if anyone is unable to find work. (MS only obliged to pay 3 months in unemployment)

Collins v Secretary of State for Work and Pensions

Jobseekers are not equivalent to workers and not entitled to social security benefits

Jia

A dependent is someone needing the material support of an EU citizen in order to meet their essential needs in the State of origin or the State from which they come at the time they apply to join the community

Netherlands State v Reed

Argued that Dutch law gave an advantage to nationals to have non-married, non-marital partners living with them- a right inaccessible to foreigners.

Diatta v Land Berlin

Right for a Senegalese national to continue living in Germany despite having initiated divorce proceedings

Sandhu

A non-EU national left the UK to visit her husband in Germany, and upon return was not allowed back.

Kaczmarek v SoS for Work and Pensions

A non-EU national may be denied right of residence if incapable of supporting themselves unless covered by sickness insurance and possessed of sufficient economic resources so as not to become a burden upon the state. Benefit claims may also be refused to those who are economically inactive.

Belgium v Taghavi

EU citizens only have the right to equal treatment with nationals

Commission v France (French Merchant Seamen)

Ratio on number of French to non-French workers on merchant ships was in breach of EU law (direct discrimination)

Ugliola

Seniority in german army conferred in preference to German nationals- breach of EU law on nationality basis (indirect discrimination)

Groener v Ministry for Education

Dutch art teacher refused employment in Ireland as did not speak Irish. Language requirement was not disproportionate to policy objective and was compatible with EU law.

Bosman

Transfer fees in football prevented players' access to employment market upon end of contract

Kraus v Land Baden-Wurttemberg

LLM title obtained in Edinburgh had to be permitted by german authorities- this was discriminatory to all those with foreign qualifications

Ministere Public v Even

EU workers are guaranteed same social advantages as nationals- those that are gained because of objective status as a worker or merely as a resident of the MS

Cristini v SNCF

Social advantages means all social and tax advantages, whether or not attached to contract of employment. Here included a special fare reduction on railways to large families.

Brown v SoS for Scotland

Universities are not vocational schools for training workers (to which workers would have equal access)

Echternach and Moritz

Universities are to give equal access to EU nationals' children

Lair

A worker who gives up work voluntarily to undertake a course of study must show a link between their previous employment and later studies.
Grants are only to be given equally where they cover course fees.

Sala v Freistaat Bayern

If EU citizens are lawfully resident in a MS, they have right to equal treatment in all fields covered by the Treaties.

D'Hoop v Office National D'Emploi

D'Hoop had not completed her education in Belgium but as a Belgian national and EU citizen was entitled to unemployment benefits.

Gul

Family members of EU citizens have right to work if they have right of residence.

Rutili v Ministre de l'Interieur

Once admitted to the territory, geographic restrictions within the MS may not be imposed

R v Bouchereau

In order for public policy derogation to be used against an immigrant worker, personal conduct must represent a genuine, present and sufficiently serious threat. Past criminal convictions are not enough alone to allow for deportation. Outrageous crime may be good grounds for deportation (commercial import of cocaine).

Adoui & Cornuaille

Deportation must not be arbitrary; prostitutes deported even though prostitution was legal

Bonsignore

Deportation of Italian worker who accidentally shot and killed brother with unlicensed firearm; deportation may not be used as an example to others

Donatella Calfa

Blanket rules will likely infringe EU law on right of residence/free movement- automatic deportation in Greece after possession of drugs

Astrid Proll

Where there is evidence a previous convict has reformed, entry cannot be denied to EU nationals

Sotgiu v Deutsche Bundespost

Where a non-national from another MS is admitted to public service, all conditions of employment thereafter must be equal to that of a national worker

Public Employees

Public service posts are those involving the exercise of power conferred by public law

Commission v France (Nurses)

Nurses are not public workers as they do not exercise public law powers

Gravier v City of Liege

Non-workers have protection against discrimination in access to education on the basis of nationality- part of vocational training. Vocational training may even include general education if taken with view to being employed

Blaizot v University of Liege

Most university courses are included under heading of vocational training

Inzirillo

A right to a disability allowance was held to extend to the adult son of a worker who was a national of a Member State, who resided with his father and was dependent on him

Reyners v Belgium

Article 49 is directly effective- freedom of establishment is a right for self-employed (direct discrimination)

Commission v Italy

Only publicly owned companies could bid for data-processing contracts- indirect discrimination

Gebhard

National rules that might hinder or make unattractive the exercise of freedoms including to establishment must be applied in a non-discriminatory way, be justified in general interest, be suitable for attainment of their objective and be proportionate to attaining their objective.
Difference between freedom of establishment and services are question of duration, regularity, periodicity and continuity.

Thieffry

Non-recognition of professional qualifications infringes EU law as it is indirectly discriminatory

Rinner-Kühn

German law on sick pay- indirect discrimination, discriminated against part-time workers majority of whom were female

Jenkins v Kingsgate

Paying part-time workers less is not unlawful discrimination if can be attributed to objectively justified factors

Enderby

Equal work but not equal pay, one category of work predominantly male and the other female, constitutes indirect discrimination

Bilka

Objective justification of indirect discrimination: test set out. Measures must correspond to a real need of the business, be appropriate to achieving the objectives pursued, and necessary to achieve those objectives.
Statutory pensions are not pay, but contractual pensions are.

P v S and Cornwall CC

Sex discrimination applies to transsexuals (where discriminated against the gender they were before undergoing gender reassignment)

Grant v South-West Trains

Discrimination based on sexual orientation did not constitute sex discrimination (would not be upheld today in light of Directive 2000/78)

Garland v British Rail Engineering

Special travel facilities provided to male retired employees constituted pay for the purpose of Art 157- 'pay' is a benefit in respect of employment

Barber v Guardian Royal Exchange Assurance Group

A contracted-out occupational pension scheme fell under the definition of pay in Art 157

Worringham v Lloyds Bank

Contributions paid by an employer directly into an occupational pension scheme only for male employees under the age of 25 years were 'pay' under Art 157

Angelstellten

Professional training could be valid way of distinguishing whether same work was being carried out (criticised later)

Rummler v Dato-Druck

Physical effort required to perform certain work was not itself a breach as long as objectively measurable amount of effort was needed and no discrimination based on gender in that respect

Commission v UK (Male Midwives)

Restrictions on access to midwife profession was not a breach due to personal sensitivities involved

Johnston

New policy of carrying firearms for police, no renewal of contract for a female officer. CJ allowed this but with limitations- national courts must apply proportionality and general policy ought to be reviewed periodically to adjust to social developments

Sirdar

Women not allowed in Royal Marines as they were front line soldiers. CJ held that this could be justified.

Kreil

German ban on women occupying any military post involving firearms could not be justified- effectively covered all military posts

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Hofmann v Barmer Ersatzkasse

German law on maternity leave prohibiting fathers from same leave was justified under Art 2(3) Dir 76/207. Directive not designed to rule on organisation of families. (Since, parental leave directive came into force)

Abdoulaye v Renault Factories

Lump sum payments to female employees taking maternity leave were not discriminatory

Abrahammson and Anderson

Positive discrimination will not be accepted by the CJ if too rigid- cannot be used to appoint a woman in place of a more highly qualified man

Test-Achtats

Insurance premiums and other financial services rendered cannot be calculated based on gender

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