EU Law Cases

Key Points to Note in This Case • The European Commission brought the first case against Greece in 2000 under Article 260 of the Treaty on the Functioning of the European Union (TFEU). • Initially, the courts were slow to impose sanctions. • However, the rate at which cases are referred has increased

1. Facts • France violated EU fisheries rules. • The European Commission demanded that France comply with EU law. • France did not comply for 10 years. • The Court of Justice of the European Union (CoJ) demanded that France comply, but this was ignored for another 10 years due to the strength of

Key Points to Note in This Case • This case concerns the application of Article 260 of the Treaty on the Functioning of the European Union (TFEU). • An additional consideration, or “limb,” was established in this case: ◦ A “clean record” is a mitigating factor when determining the level of the fine.

Key Points to Note in This Case • This case concerns the application of Article 260 of the Treaty on the Functioning of the European Union (TFEU). • The ongoing economic crisis was considered a justification for reducing fines. • Specifically, the global financial crisis was recognised as a mitigating factor in determining

Key Points to Note in This Case • This case concerns the purpose of Article 260(3) of the Treaty on the Functioning of the European Union (TFEU). • Key questions include: ◦ Is Article 260(3) designed to penalise failures to notify the transposition of Directives? ◦ Or is it intended to penalise

1. Facts • A measure in Portugal undermined the independence of the judiciary by reducing the salaries of Court of Auditors judges. • Portuguese judges brought an action against this measure. 2. Outcome • The measure was found to violate Article 19 of the Treaty on European Union (TEU), as it breached the

1. Facts • A provision in Poland lowered the retirement age of Polish Supreme Court judges from 70 to 65. 2. Outcome • The Court found this to be a breach of Article 19 of the Treaty on European Union (TEU) alongside Article 47 of the Charter of Fundamental Rights of the

Key Points to Note in This Case • Issue: The case involved the retirement age for judges, with a differentiation between men and women. • Legal Basis: The Commission relied on Article 157 of the Treaty on the Functioning of the European Union (TFEU), Directive 2006/54 on gender equality, and Article

Key Points to Note in This Case • Issue: The introduction of a new chamber, the “Disciplinary Chamber,” was found to breach Article 19 of the Treaty on European Union (TEU) due to a lack of impartiality and independence. • Legal Basis: The Commission relied on Article 19 TEU and the infringement

Key Points to Note in This Case • Issue: The case involved the “Muzzle Law,” which aimed to limit the growing impact of Court of Justice of the European Union (CJEU) case law on judicial independence in Poland. • Legal Basis: The Commission’s arguments were based on Article 19 TEU, Article 47

1. Facts • Issue: Hungary implemented a series of measures that terminated usufruct rights for both foreign and domestic investors. • Legal Arguments: These measures were argued to restrict the free movement of capital under Article 63 TFEU and to infringe upon the right to property under Article 17 of the Charter

1. Facts • Issue: The European Commission initiated an infringement action against Hungary concerning its anti-LGBTIQ+ legislation. • Measures: The contested measures include restrictions on minors’ access to content that portrays homosexuality. • Legal Basis: The Commission relied on both primary and secondary EU law, including: ◦ The Audiovisual Media Services Directive. ◦ The e-Commerce

Key Points to Note in This Case • New Legislation: In May 2023, Poland adopted a new law aimed at investigating alleged Russian influences on the Polish political system. • Provisions: The law allows the state to deprive individuals of the right to hold public office. • Commission’s Approach: The European Commission’

Key Points to Note in This Case • Interim Measures: This case pertains to the use of interim measures under Articles 278 and 279 TFEU. ◦ Request for Interim Orders: The Commission can successfully request interim orders to address urgent issues before a final judgment. ◦ Financial Sanctions: In some cases, it may

Key Points to Note in This Case • Definition of ‘Goods’: The case clarified the meaning of “goods” within EU law. ◦ Broad Interpretation: Goods are defined as “products which can be valued in money and which are capable of forming the subject of commercial transactions.” ◦ Waste: Waste can be considered goods

Key Points to Note in This Case • Interpretation of Article 34 TFEU: This case marks the first phase in the interpretation of Article 34 TFEU. ◦ Scope of Article 34: Article 34 covers measures that impose a “total or partial restraint” on the free movement of goods within the EU. ◦ Expansion

1. Facts • Situation: A shop in Belgium wanted to sell Scottish whiskey but needed a certificate of authenticity from the producer. • Difficulty: Obtaining this certificate was both difficult and costly. • Comparison: France had looser rules and allowed the sale of any alcohol as authentic without such certification. • Legal Action: Dassonville

Key Points to Note in This Case • Case Overview: This case demonstrates the broad interpretation of the Dassonville formula. • Issue: France was found to have violated Article 34 TFEU by imposing specific standards on foie gras products. • France’s Argument: France contended that the infringement was hypothetical, as foie gras

1. Facts • Issue: Ireland launched an advertising campaign encouraging the public to buy domestic goods rather than imported products. • Defence: Ireland argued that the campaign did not violate Article 34 TFEU because imports had actually increased since the campaign began. 2. Outcome • Decision: The Court held that the campaign still

1. Facts • Issue: Denmark imposed a ban on keeping certain species of bees, despite these species representing less than 1% of Danish territory. 2. Outcome • Legal Classification: The ban was found to fall under Article 34 TFEU. • De Minimis Rule: The Court refused to apply the de minimis rule, which

1. Facts • Issue: A German supermarket sought to sell French blackcurrant liquor, Cassis de Dijon, which had an alcoholic strength of 15-20%. Germany had a law requiring spirits to have an alcoholic strength of at least 25%, which prevented the import of Cassis de Dijon. • Public Interest Grounds Raised by

Key Points to Note in This Case • Issue: Belgian law mandated that margarine be sold in cube-shaped blocks. • Violation: This requirement was held to violate Article 34 TFEU. • Principle of Mutual Recognition: The Court found that the Belgian law conflicted with the principle of mutual recognition, which allows goods produced

Key Points to Note in This Case • Issue: French law imposed a two-year time limit after a film’s cinematic release before it could be released on video. This measure aimed to protect cinemas from financial difficulties and support the French film industry. • Impact: The law affected both domestic and imported

Key Points to Note in This Case • Issue: Germany’s centuries-old Purity Law required that only beer brewed from barley, hops, water, and yeast could be sold as beer. This law prohibited the sale of beverages containing other ingredients like rice or maize. • Outcome: The Court found that this law violated

Key Points to Note in This Case • Issue: The case addressed whether the EU could prohibit Member States from imposing restrictions on Sunday trading. Many EU countries have some form of restriction on Sunday activities. • Outcome: The Court held that such restrictions violated Article 34 TFEU. The ban on Sunday

1. Facts • Issue: The French government prohibited the sale of goods below their purchasing price (at a loss). This measure aimed to prevent market monopolisation by large conglomerates. 2. Outcome • Decision: The Court found that this prohibition did not violate Article 34 TFEU. The ruling established that certain selling arrangements

Key Points to Note in This Case • Issue: The case involved limitations on shop opening hours. • Outcome: Post-Keck, such limitations were no longer considered a restriction under Article 34 TFEU. The decision in Torfaen would not constitute a violation of Article 34 under the principles established in Keck.

Key Points to Note in This Case • Issue: National prohibition on marketing medicinal products over the internet, restricting sales to pharmacies within the Member State. • Outcome: The Court classified this prohibition as a product requirement rather than a selling arrangement.

Key Points to Note in This Case • Issue: A prohibition on TV advertising by fuel distributors. • Outcome: This was deemed a selling arrangement and fell outside the scope of Article 34 TFEU. • AG Jacobs’ Criticism: ◦ Rigid Distinctions: Advocate General Jacobs criticised the rigid distinctions made by the Court. He argued

Key Points to Note in This Case • Issue: The case addressed restrictions on the use of certain goods, specifically focusing on whether these restrictions could fall under Article 34 TFEU even if they were indistinctly applicable. • Outcome: The Court held that such restrictions can indeed fall under Article 34, even

1. Facts • Issue: The case involved a challenge to a rule in the Italian road safety code that prohibited the towing of Italian trailers by motorbikes and similar vehicles. 2. Outcome • Decision: The Court held that the rule fell under Article 34 TFEU. 3. Impact and Analysis AG Bot’s

1. Facts • Issue: The case involved individuals caught riding jet skis in areas where their use was prohibited by Swedish law. 2. Outcome • Decision: The ECJ did not reference Keck in its decision. It ruled that restrictions on the use of products are not covered by Keck. • Opinion Influence: The

1. Facts • Issue: Scottish legislation introduced a minimum price for alcohol to address public health concerns. Scottish Whiskey producers challenged this law under Article 34 TFEU and the Single Common Market Organisation Regulation (1308/2012). They argued that the legislation would reduce their profits. • Keck Consideration: Following the Keck judgment,

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: A Belgian judo player challenged the Belgian Judo Federation for rejecting her participation in a judo competition. • Outcome: ◦ Inter-State Element: For Article 56 to apply, there must be an inter-state element.

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: Irish university students distributed leaflets advertising abortion services in Ireland, leading to a legal challenge based on the right to life of the unborn. • Outcome: ◦ Remuneration: The Court of Justice of

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: Involved a Belgian national seeking reimbursement for university education costs. Outcome: ◦ Definition of Remuneration: The case clarified that not every payment to a service provider constitutes remuneration under Article 56. ◦ Public

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: A tourist injured in a terrorist attack in Paris was denied compensation because he was not a French citizen. Outcome: ◦ Broad Interpretation of Remuneration: The CJEU adopted a broad interpretation of

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: An Italian citizen operated a private television relay station without a license. Outcome: ◦ Residual Category: The case explored whether this activity fell under the Free Movement of Goods or Services. ◦ Nature

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: ◦ Schindler: Involved the distribution and sale of lottery tickets, where the service (gambling) was embedded in a good (ticket). ◦ Omega: Involved a German company providing a service related to gaming. • Outcome:

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: Addressed the application of Article 56 in purely internal situations within a single member state. Outcome: ◦ Cross-Border Effect: Even if a dispute is confined to one member state, Article 56 may

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: Concerned restrictions on the provision of gambling services from Gibraltar to the UK. Outcome: ◦ Scope of Article 56: The restrictions fell outside the scope of Article 56. ◦ Gibraltar’s Status: Gibraltar,

Key Points to Note: • Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services. • Case Details: Addressed the duration and nature of a service in relation to free movement. Outcome: ◦ Temporary Nature: The Court determined that the temporary nature of a service can be assessed based on

Key Points to Note: • Context: Involves Article 56 TFEU, which deals with the Free Movement of Services. • Case Details: ◦ Italy’s Action: Italy introduced a scheme offering loans to assist house buyers, but restricted eligibility to Italian citizens only. ◦ Commission’s Complaint: The European Commission challenged this restriction as discriminatory. Outcome: ◦ Scope

1. Facts: • Residency Requirement: Dutch law required that only lawyers residing in the Netherlands could practice in Dutch courts. • Case: A lawyer living just outside the Netherlands (across the border) was affected by this law. While the rule was not directly discriminatory (since it applied to all lawyers, regardless of

1. Facts: • Background: A UK-based company sought to enter the German market to offer patent renewal services. • Requirement: The company needed to meet the German qualification criteria to operate in Germany. • Issue: The German qualification requirement made it more difficult for non-German providers to enter the market, as German providers

1. Facts: • Background: The Dutch government had imposed a ban on cold calling, a common method used by companies to solicit business. • Impact: The ban affected service providers from both within and outside the Netherlands, as it applied equally to Dutch and non-Dutch companies. 2. Outcome: • Violation of Art. 56

Key Points to Note In This Case: 1. Facts: • Background: An Italian local rule imposed a small tax on advertising services related to placing banners in public places. • Impact: The tax was considered minimal and applied uniformly. 2. Outcome: • De Minimis Threshold: The European Court of Justice (ECJ) held that

Key Points to Note In This Case: 1. Facts: • Background: Romania regulated how banks could offer current accounts to prevent consumer fraud. • Impact: The regulations were designed to protect consumers but had an indirect effect on trade. 2. Outcome: • De Minimis Threshold: The Court found that the Romanian regulations had

1. Facts: • Background: Italian law set a maximum fee that lawyers could charge for their services, aiming to make access to justice more equitable. • Impact: The fee cap was intended to apply uniformly to all lawyers practicing in Italy. 2. Outcome: • No Violation of Art. 56: The Court held that

1. Facts: • Background: A Portuguese company was providing construction services in France, with Portuguese workers posted to perform the work. • Issue: The case involved whether France could impose national labour laws on posted workers from Portugal. 2. Outcome: • Host Country Rule: The Court affirmed that Member States could apply their

1. Facts: • Background: Viking Line, a Finnish shipping company, planned to reflag one of its vessels from Finland to Estonia to benefit from lower labor and social requirements in Estonia. • Reaction: The International Transport Workers Federation (ITF) planned a strike in response to this reflagging, aimed at protesting the move

1. Facts: • Background: Laval, a Latvian construction company, posted workers to Sweden for a project involving the construction of a school. • Dispute: Swedish trade unions objected, blocking access to the construction site due to disagreements over the terms of employment and the wage rates. The unions argued that Swedish workers

• Context: This case deals with Article 56 TFEU, concerning the free movement of services, particularly in the context of posted workers. It falls under the broader jurisprudence known as the “Laval Quartet,” which addresses the interaction between economic freedoms and social rights. • Facts: A German company posted workers to a

• Context: This case also relates to Article 56 TFEU and falls within the framework of the Laval Quartet, focusing on the correct implementation of directives regarding posted workers and the interpretation of public policy exceptions. • Facts: The European Commission challenged Luxembourg for failing to properly implement the EU Directive concerning

• Context: This case concerns Article 56 TFEU, which addresses the free movement of services, with a particular focus on cross-border healthcare. • Facts: A Luxembourg citizen, Mr. Kohll, traveled to Belgium to obtain glasses for his daughter, and the cost was covered by his Luxembourg health insurance. Luxembourg refused to reimburse

• Context: This case also relates to Article 56 TFEU and involves the right to cross-border healthcare, but it clarifies the limitations and qualifications of this right. • Facts: The cases involved two Dutch patients who sought reimbursement for costly medical treatments received in Germany. Their local Dutch insurance required prior authorisation

Context: This case concerns Article 56 TFEU, which deals with the free movement of services, specifically in the context of cross-border healthcare. • Facts: A UK citizen, Ms. Watts, sought a hip replacement surgery in France because the NHS in the UK was unable to provide the treatment within a reasonable

Context: This case involves Article 56 TFEU (Free Movement of Services) in the realm of cross-border healthcare and the implications of religious beliefs on access to medical treatment. • Facts: A Latvian boy, who is a Jehovah’s Witness, requires open-heart surgery. The surgery cannot be performed in Latvia due to his

Context: This case relates to Article 56 TFEU (Free Movement of Services), specifically concerning gambling and restrictions on cross-border gambling services. • Outcome: The European Court of Justice (ECJ) ruled that the limited authorisation of gambling services can be acceptable if it aims to achieve a general reduction in gambling opportunities.

Context: This case involves Article 56 TFEU (Free Movement of Services), focusing on the criteria for restricting gambling services and ensuring compliance with EU law. • Outcome: The ECJ refined the criteria for justifying restrictions on gambling services. It ruled that such restrictions must serve to limit betting activities in a

Key Points to Note in This Case: • Facts: Bwin, an online gambling company, sought to sponsor the Portuguese football league. However, Portugal had a ban on games of chance, which were monopolised by Santa Casa da Misericórdia de Lisboa. Bwin’s activities were thus restricted by the national laws. • Outcome: The

Key Points to Note in This Case: • Context: This case concerns Article 45 TFEU (Free Movement of Persons), specifically addressing who qualifies as a “worker” under EU law. • Facts: Trojani, an individual involved in a reintegration program, worked at a hostel in another country. Although he did not receive monetary

• Context: This case involves Article 45 TFEU (Free Movement of Persons), particularly focusing on who qualifies as a “worker” under EU law. • Facts: Bettray, who had been in jail, was released and participated in a reintegration program that involved organised work aimed at easing his re-entry into society. The work

• Context: This case also concerns Article 45 TFEU (Free Movement of Persons), specifically regarding the definition of a “worker.” • Facts: Levin, working in the Netherlands, had a short-term, part-time job that paid below the minimum wage. The question was whether this constituted genuine employment under EU law. • Outcome: The ECJ

• Context: This case concerns Article 45 TFEU (Free Movement of Persons), focusing on who qualifies as a “worker” under EU law. • Facts: Wippel was employed under a ‘zero hours’ contract, meaning the employer was not obliged to provide a minimum number of working hours. • Outcome: The ECJ held that individuals

Context: This case relates to Article 45 TFEU (Free Movement of Persons) and the issue of indirect discrimination. • Facts: O’Flynn, an Irish worker in the UK, faced difficulty organising a funeral in Ireland because the UK’s subsidy for funeral costs was only available if the funeral took place

• Context: This case concerns Article 45 TFEU (Free Movement of Persons), focusing on indirect discrimination in the context of employment requirements. • Facts: Groener, who applied for a teaching post in Ireland, was refused because she did not speak Irish, which was a requirement for the role. • Outcome: The ECJ upheld

• Context: This case pertains to Article 45 TFEU (Free Movement of Persons), focusing on indirect discrimination related to the recognition of foreign qualifications. • Facts: Kraus, a German student with an LLM degree from the UK, was informed that his qualification would not be recognised in Germany. • Outcome: The ECJ ruled

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and pertains to the restrictions imposed by football governing bodies on player transfers and team composition. 1. Facts: ◦ Bosman, a football player, sought to transfer to another club in a different country after his contract expired. UEFA’s regulations

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and pertains to restrictions on the use of company cars across member states. 1. Facts: ◦ A rule in Denmark stipulated that a company car provided to employees could only be used within Denmark. This restriction was challenged for potentially

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and concerns the rights of jobseekers under EU law. • Facts: A Belgian national arrived in the UK in 1984 seeking employment but remained unemployed until 1989. The UK planned to deport him on the grounds that he was not

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and focuses on the equal treatment of workers. 1. Facts: ◦ The case addressed whether workers, regardless of whether their employment is linked to a contract, are entitled to the same social benefits and public goods as national workers. 2.

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and the right to residence. 1. Facts: ◦ A German worker moved to France but retained their job in Germany. The case questioned whether the worker could be considered a migrant worker under EU law and whether their spouse could

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and the right to residence. 1. Facts: ◦ The case concerned the re-employment of former college lecturers under a self-employed scheme, facilitated by a private independent company, rather than being directly employed by the college. 2. Outcome: ◦ The ECJ extended

Key Points to Note in This Case: • Context: This case relates to Article 45 TFEU (Free Movement of Persons) and the right to social benefits for self-employed individuals. • Facts: A Lithuanian woman moved to the UK to work as a self-employed beauty therapist. After becoming pregnant, she sought to claim

Key Points to Note in This Case: • Context: This case pertains to Article 45 TFEU (Free Movement of Persons) and the right to residence, particularly regarding the rights of family members of EU citizens. • Facts: A UK national, Mr. Singh, lived and worked in Germany for two years with his

Key Points to Note in This Case: • Context: This case relates to Article 45 TFEU (Free Movement of Persons) and the broader concept of what constitutes a ‘worker’ under EU law. • Facts: The case involved a dispute where the concept of ‘personal work’ was tested. The ruling indirectly addresses the

1. Facts: ◦ The case involved a Dutch cycling team where the rules of the cycling federation required that pacemakers and stayers (cyclists) must be of the same nationality. ◦ This rule was challenged by two Dutch pacemakers who argued it violated the principles of free movement under EU law. ◦ The core

Key Points to Note in This Case: 1. Facts: ◦ A football scout challenged the rules of the Italian Football Federation, which restricted membership to Italians only. ◦ The issue was whether such membership restrictions violated EU free movement principles. 2. Outcome: ◦ The ECJ held that even private entities like sports federations

1. Facts: ◦ Swimmers Meca Medina tested positive for doping substances and were initially suspended for four years, later reduced to two years, by the International Swimming Federation (FINA) and the International Olympic Committee (IOC). ◦ They challenged these sanctions on grounds of unfair treatment and appealed through various judicial bodies, including

Key Points to Note in This Case: ◦ Facts: The case involved the Greek motorcycling association MOTOE and its regulations affecting the organisation of motorcycle races. MOTOE’s rules conflicted with EU principles concerning competition and non-discrimination. ◦ Outcome: The CJEU highlighted the importance of equality of opportunity and concerns over undistorted competition.

1. Facts: ◦ A private company organised a new speed skating event in Dubai, which was not authorised by the International Skating Union (ISU). The ISU had rules preventing athletes from participating in unauthorised events and imposed severe sanctions, including lifetime bans. 2. Outcome: ◦ The General Court ruled that the ISU’s

1. Facts: • Breakaway Competition: In April 2021, 12 major football clubs announced the formation of a new competition, the European Super League (ESL), intending to operate outside the existing football structures dominated by UEFA and FIFA. • Pushback: The announcement faced significant opposition from UEFA, FIFA, and football communities, who threatened

Key Points to Note: 1. Facts: ◦ ‘4+4’ Rule: In the mid-2000s, the ‘4+4’ rule was introduced in football, requiring teams to have a minimum of 8 locally trained players. ◦ Legal Challenge: Royal Antwerp FC challenged this rule, arguing it was a restriction on free movement and unfairly disadvantaged

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and pertains to the restrictions imposed by football governing bodies on player transfers and team composition. 1. Facts: ◦ Bosman, a football player, sought to transfer to another club in a different country after his contract expired. UEFA’s regulations

Key Points to Note in This Case: • Facts: Bwin, an online gambling company, sought to sponsor the Portuguese football league. However, Portugal had a ban on games of chance, which were monopolised by Santa Casa da Misericórdia de Lisboa. Bwin’s activities were thus restricted by the national laws. • Outcome: The

1. Facts De Capitani, a former employee of the European Parliament, sought access to fourth-column documents submitted to trilogues. 2. Outcome • Access was denied. • It was argued that disclosure would “actually, specifically, and seriously” undermine the decision-making process. • Additionally, disclosure could lead to public pressure on negotiations. • The court held