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WORK IN PROGRESS -- PLEASE DO NOT EDIT.
| Case | Context | Proposition |
| Agonese2000 | Whether requirement to present certificate of bilingualism in breach of Art. 39 | Yes -- Art. 39 creates obligations on individual employers |
| Antonissen1989 | Whether Art. 39 extends to people seeking work, as well as those employed | Yes, under a somewhat purposive interpretation of Art. 39 |
| ArsenalVReed2002 | | The purpose of a trademark is assure the origin of goods, and the owner of a trademark is entitled to control the way goods are sold to give effect to that assurance |
| Bosman1993 | Whether transfer fee between football clubs in breach of Art. 39 | Yes -- Art. 39 has DirectEffect against any organization that creates rules of employment, and football players are `workers' in the scope of Art. 39 |
| Bresciani (1976) | Whether fees for vetinary inspection amount to `duties or charges having equivalent effect' | The `exchange' exception to the principle that no fees of any kind are allowed only applies if domestic traders suffer the same fees as importers |
| Broekmueler | Whether Belgian doctor could practice in Netherlands | ECJ takes a broad view of which bodies can refer under the PreliminaryReferenceProcedure. The medical certification body at issue was not a court of law, but did have an effective compulsory jurisdiciation and adversarial proceedings |
| BrownVSecretaryOfStateForScotland1988 | Whether a non-UK national entitled to student grant on the basis of earlier period of employment | In this case no -- although the student had been a `worker' in the terms of the EC Treaty, his work was merely ancilliary to his course of study |
| BuyIrish1982 | Whether a campaign to encourage consumption of domestic products was a measure having equivalent effect to a quota | Since the campaign was a coordinated effort to replace imported products with domestic ones, it had to be considered a restriction on importation |
| BulmerVBollinger1923 | When court should make an Art. 234 reference | Where the question of EC law if determinative of the matter, and the answer is not already clear, and all the facts of the case have been established. Cost, and the wishes of the parties, should be considered |
| CassisDeDijon1979 | Whether law regulating sale of low-alchohol liqueurs could be a barrier to importation and contravene Art. 28 | Yes, if that was its practical effect, even if the measure did not mention country of origin |
| CentrafarmVWinthrop1973 | One a product is put onto the market, intellectual property rights are exhausted within the EC. The manufacturer cannot prevent the `grey' importation of its products in other states |
| Cilfit1982 | 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 |
| Commission v Germany (1988) | Whether charges levied on importers to comply with the state's obligations under EC law amounted to unlawful duties | In general, any charge levied on imports is questionable; however, where the fee genuinely funds an obligation under EC law, it might be acceptable |
| Commission v Greece (1988) | Whether taxation unlawful if it discriminated indirectly against imports, in pursuit of valid policy objectives | Humblot notwithstanding, an indirectly-discriminatory tax may be acceptable provided it is not protectionist |
| Commission v Italy (1968) | Whether charge levied on importers for collection of statical information amounts to a `duty or charge having equivalent effect | In principle, a service rendered to the importer by the state might escape classification as a duty; however, it must be a genuine business transaction, not a sham |
| ConegateVCustomsAndExciseCommissioners1986 | Whether restriction on importation could be justified under the `public morality' exception in Art. 30 of the EC Treaty | In principle, yes; however, in this case the goods to be imported were already lawfully sold in the member state, so the restriction did not really protect public morality |
| CostaVENEL1964 | 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 |
| Dassonville1974 | Whether requirement to supply a certificate of origin was a barrier to trade | The important issue is the effect on trade of a national measure, not its purpose |
| DefrenneII | Whether Art. 141 (non-discrimination) has DirectEffect | Yes, but only with respect to direct and overt discrimination |
| ERT (1989) | Whether national monopoly on broadcasting contravenes a general principle of EC law | The ECJ is prepared to give effect to the ECHR in its decisions (Art. 10 in this case) |
| DekkerVStiching1991 | Whether discrimination on the basis of pregnancy amounted to gender discrimination | Yes, on the basis that pregnancy was something that could only happen to women |
| DukeVGECReliance1988 | Whether Directive that has been successfully employed against the state could be employed by a private individual against a private company | No -- since the Directive does not have horizontal direct effect, the UK does not have an obligation to give effect to it in national courts (but see Marleasing) |
| FactortameI1989 | Whether an injunction available to suspend an Act of Parliament | The principle of `effectiveness' of remedies under EC law dictates that an effect remedy be granted, even where to do so would contravene fundamental principles of national law |
| FoglioVNovello1982 | Whether validity of French import tax could be challenged under Art. 234, in a case contrived between parties who would not have standing under Art. 230 | No -- this was an abuse of process |
| Francovitch1991 | 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 |
| GarlandVBREL1981 | Whether reduced-price rail travel constitutes `pay' for the purposes of Art. 141 | Yes -- `pay' is given an expansive interpretation by the ECJ |
| GermanyVCommission1987 | Scope of Commission's powers to issue legally-binding Decisions | Where the ECTreaty creates a duty, it is implied it creates the powers necessary to carry out that duty |
| GrantVSouthWestTrains1996 | Whether Art. 141 on non-discrimination creates an obligation to treat homosexual partners as married partners | No -- sexual orientation is not a gender issue |
| Greenpeace1995 | Whether Greenpeace had standing under Art. 230 to challenge Regulation providing for the construction of power stations | No, the Plaumann test still applied, although the ECJ recognized, in principle, that different considerations could apply when the concern to the petitioner was not economic |
| GravierVCityOfLiege1985 | Whether college could impose fees on non-nationals of the member state that would not be imposed on nationals | No -- as being concerned with `access to training', the imposition of a fee would have to satisfy the principle of non-discrimination in Art. 12|
| Grzlczyk2001 | Whether citizenship rights under Art. 17 entitled non-national student to rececive maintenance award | Yes, to the extent that exercising a right of free movement engages non-discrimination under Art. 12 |
| HaegemanVBelgium1974 | Whether Art. 234 could be used to question the interpretation of a treaty between the EC and Greece | Yes, the treaty was an `Act of the Council', and Acts of EC institutions were referrable |
| HennAndDarbyVDPP1981 | Whether ban on importation of pornography could be justified under Art. 30 | Yes, in this case, because the material was of a type that could not lawfully be sold in the UK (see also Conegate) |
| Humblot (1985) | Whether a tax was unlawful if, on its face it applied equally to domestic products and imports, but had the practical effect of discriminating against imports | A taxation scheme will only be lawful if it excludes all possibility of discrimination against imports |
| Kremzov v Austria (1995) | Whether false imprisonment is a breach of EC legislation on free movement | The ECJ did not award damages against the state, because the applicant's original offence was not within the scope of EC law |
| InternationaleHandelsgesellschaft1970 | Whether EC legislation could be set aside on the basis of disproportionality | The ECJ is prepared to use constitutional traditions of member states as a source of law |
| InternationalFruitCompany1972 | | For the purposes of Art. 230, a Regulation is of direct and individual concern if it applies only to a fixed, closed class of individuals |
| Italian art case (1968) | Whether charges imposed on the export of art treasures amounted to `duties or charges having equivalent effect' | It is the substance of the charge which is important, not its form |
| LawrieBlum1985 | Whether trainee teacher was a `worker' for the purposes or Art. 39 | Yes -- the amount of the renumeration was not relevant: anyone engaged in genuine economic activity for pay is a worker |
| Marleasing1989 | Whether private company could rely on Directive against another company | Directives do not have horizontal DirectEffect; but they may have an indirect effect owing to the action of Art. 10 |
| MarshallI1986 | Whether Directive on non-discrimination could be relied on by employee against employer | Directives do not have HorizontalDirectEffect; but if the employer is an agency of the state, there may be Vertical DirectEffect |
| MarshallII1993 | Whether compensation awarded by UK tribunal adequate in EC law | The principles of effectiveness of remedies might require a greater level of compensation than national law provides |
| McArthysVSmith1980 | Whether Art. 141, on non-discrimination, requires `pay' to be assessed contemporaneously | No, the crucial factor is the nature of the services, not when they were provided |
| NetherlandsVReed1986 | Whether an unmarried partner is a member of the `family' of a person exercising a right to FreeMovementOfWorkers | No, but such a person may obtain a right of residence on the basis that such a right is a `social advantage' for the worker |
| NewsteadVDepartmentOfTransport1985 | Whether institutional pension constitutes `pay' for the purposes of Art. 141 | No, but this decision has been eroded by many later decisions and legislation |
| Nold (1973) | | The ECJ recognizes a general principle of equal treatment; ECHR can be used as a source of `inspiration' for ECJ decisions |
| Plaumann1962 | Whether individual could use Art. 230 procedure against regulation which had the potential to cause loss | No, `individual concern' was limited to measures which applied to an individual because of some unique feature or circumstance |
| Ratti1978 | Whether Directive concerning product packaging could be relied on as defence in national court | Directives do have vertical direct effect, but only once the implementation date has passed |
| Regenerated oil case | Whether tax on imported oil unlawful | Since the tax was applies to all imports, but only some domestic production, it was not lawful |
| Rewe-Zentralfinanz (1976) | Whether ECJ would stipulate a refund with interest of charges levied by the state in breach of Treaty | Provided that the remedy offered is equivalent to that available for an action under national law, the ECJ will not mandate a remedy |
| RhinnerKhun1988 | Whether sick pay consituted `pay' for the purposes of Art. 141 | Despite Newstead (pensions are not pay), sick pay was `pay' |
| RvSecretaryOfStateForSocialSecurityExParteSutton1997 | Whether interest payable on unlawfully-withheld social security benfits | Despite Marshall II, the ECJ would not compel national courts to pay interest on compensation |
| Sagulo (1977) | Whether ECJ would overrule penalty imposed by national court for breach of EC legislation | Penalties imposed by national courts must be proportionate to the offence |
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