European union law

• CFU 9
• Prerequisiti

  Students are expected to have attended courses on Public Law and Private Law and to have passed the relevant exams.

• Obiettivi formativi

  The Course aims to introduce students to the peculiarities of the law of the European Union as a distinct legal order. Particular attention will be devoted to the incidence of the modifications introduced by the Treaty of Lisbon to the institutional structure of the EU as well as to to the procedures for the adoption of acts by the EU institutions, facing the current concerns for the lack of democratic representation in the decision-making process of the Union.

• Programma del corso

  The Course will be mostly focused on the following topics:
  
  -distinctive features of the EU legal order, especially its “supra-national” character, viewed through its origins and its subsequent developments;
  -the role and nature of the founding treaties as primary sources of the EU legal order;
  -the institutions of the Union: their powers and role in the structure of the Union and their respective incidence in the decision-making process of the EU;
  -the competences of the EU, their limits and coordination with the competences of the Member States, the principles guiding the exercise of EU competences: subsidiarity and proportionality; implied powers;
  -the external competences of the EU: the principle of parallelism between internal and external competences and the position of treaties concluded by the EU within its legal order;
  -the legislative and non-legislative procedures as contemplated by TFEU and the issue of democratic representation;
  -the acts adopted by the EU and their distinctive features; legislative and non-legislative acts; binding and non binding acts; acts of a general nature and acts addressed to specific subjects;
  -the acts adopted in the field of common foreign and security policy, their features and relationships with acts adopted in the other fields;
  -enhanced cooperation as a means of introducing a form of differentiated integration among the Member States;
  -the relationship between the EU and the legal orders of the Member States: supremacy and its consitutional limitations;
  - the implementation of EU acts in the legal orders of the Member States; in particular, the issue of direct effects;
  -the judicial system of the EU: role and competences of the European Court of Justice and of its constituencies: the Court of Justice, the General Court and the specialised courts;
  -in particular, the judicial and advisory functions of the ECJ: contentious and non-contentious procedures, opinions on the conclusion of agreements by the EU;
  -the protection of fundamental rights within the EU: Article 6 TEU and the planned EU accession to the ECHR; problems of coordination among different fundamental rights provisions;
  -an introduction to the main policies of the EU as fundamental components of the Internal Market: free movement of persons, including the implications of the European citizenship; free movement of goods, services and capitals.
  
  Texts and materials:
  
  Students regularly attending the Course will be expected to prepare for the exam on the basis of the notes taken during the Course and of the relevant materials indicated by the lecturer (Treaties, EU and domestic legislation, case law and literature).
  
  Students not attending the Course will be expected to study the subject on the following textbook:
  
  D. CHALMERS, G. DAVIES, G. MONTI, European Union Law, 2nd Ed., Cambridge (Cambridge University Press), 2010, Chapters 1-11, 15-16, 18-19.
  
  Students are advised to consult the Treaties (TEU and TFEU) as well as relevant EU legislation and cases as cited in the text.
  
  

• Testi (A)dottati, (C)onsigliati
  • 1.  (A) D. CHALMERS, G. DAVIES, G. MONTI European Union Law 2nd ed. 2010 » Pagine/Capitoli: 1-11, 15-16, 18-19
• Altre informazioni / materiali aggiuntivi

  Students regularly attending the Course will be expected to prepare for the exam on the basis of the notes taken during the Course and of the relevant materials indicated by the lecturer (Treaties, EU and domestic legislation, case law and literature).
  Students not attending the Course are advised to consult the Treaties (TEU and TFEU) as well as relevant EU legislation and cases as cited in the text.

• Metodi didattici
  • lezione frontale
  • esercitazioni
• Modalità di valutazione
  • scritto
  • orale
• Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

  English

• Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

  English

MATERIALI DIDATTICI

• ECJ, Judgment of 24 April 2012, case C-571/10, Kamberaj 88.0 kB

  Fundamental rights - Art. 6, par. 3, TEU - Reference to fundamental rights as guaranteed by the European Convention on Human Rights (ECHR) and as they result from the constitutional traditions common to the Member States - Consequences for the domestic legal orders of the Member States - Absence of a duty for domestic judges to deny application of incompatible domestic legal rules - Art. 6, par. 3, TEU, addresses only the relationship between the ECHR and the EU legal order, without affecting, so far, the position of the ECHR within the domestic legal orders of the individual Member States (points 59 ff.)

• European Convention on Human Rights (ECHR) 1.5 MB

  Text of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4th November 1950), as amended, lastly, pursuant to Protocols Nos. 11 and 14 (as in force from 1st June 2010)

• Fifth Negotiation Meeting on the Accession of the European Union to the European Convention on Human Rights (Final Report) 414.7 kB

  Final Report of the ad hoc negotiation group composed of the representatives of the 47 Council of Europe Member States and of the European Commission convened to finalize the text of the agreement for the accession of the EU to the ECHR, with enclosed text of the agreement and related instruments, wih explanatory report (Strasbourg, 3-5 April 2013)

• Fifth Negotiation Meeting on the Accession of the European Union to the European Convention on Human Rights (Meeting Report) 275.3 kB

  Report of the fifth negotiation meeting of the ad hoc group composed of the representatives of the 47 Council of Europe Member States and of the European Commission convened to finalize the text of the agreement for the accession of the EU to the ECHR (Strasbourg, 3-5 April 2013)

• ECJ, 18 January 2005, Case C-257/01, Commission v. Council 1.2 MB

  The judgment concerns the power to adopt measures implementing EU acts, as a rule conferred upon the Commission whenever uniform implementation is required, pursuant to current Article 291, par. 2, TFEU (formerly, with modifications, Art. 202, third indent, EC Treaty), but in exceptional cases, where it may be exercised by the Council, as in the present case, concerning the implementation of Council Regulations Nos. 789/2001 and 790/2001, requiring the adoption of detailed provisions and practical procedures for examining visa applications and related matters (esp. points 33 ff., 47 ff. in the statement of reasons for the judgment)

• Council Decision No. 2006/512/EC 40.6 kB

  Amending Decision No. 1999/468/EC, laying down the procedures for the exercise of implementing powers conferred on the Commission

• Council Decision No. 1999/468/EC 49.7 kB

  Decision laying down the procedures for the exercise of implementing powers conferred on the Commission (s.c. "Comitology")

• Italian Constitution 698.0 kB

  As amended, lastly, pursuant to Constitutional Law No. 1/2012 (Italian text, see in particular Arts. 11, 81, 97, 117 ff.)

• Law of 24 December 2012, No. 234 175.1 kB

  General rules concerning the Italian participation in the formation and implementation of EU legislation and policies (Italian text - replaces Law No. 11/2005, s. c. "Legge Buttiglione")

• ECJ, Judgment of 3 September 2009, Case C-2/08, Olimpiclub 45.5 kB

  Supremacy of EU law - duty to deny application to any incompatible rule of national law - including general principles of procedural law, such as the rule of res judicata (provided for in the Italian legal order under Art. 2909 of the Civil Code) - exclusion of the s.c. external effect of res judicata, whereby under Italian law in tax law litigation the taxpayer may avail himself of a favourable judgment obtained in respect of revenues due for one year also against identical claims in respect of revenues due for other years, in those cases where such an extension of the effects of the judgment obtained would be contrary to EU law (points 19 ff.)

• ECJ, Judgment of 18 July 2007, Case C-119/05, Lucchini 825.7 kB

  Supremacy of EU law - duty to deny application to any incompatible rule of national law - applicability of the said duty also in respect of general principles inherent in the procedural law of the Member State, such as the principle of res judicata (provided for in the Italian legal order under Art. 2909 of the Civil Code) - inapplicability of the said rule in those cases where the upholding of the definitive effects of a domestic judgment would cause an obstacle to the recovery of State aid granted in violation of EU law, as established by the European Commission (points 59 ff.)

• ECJ, Judgment of 9 September 2003, Case C-198/01, Consorzio Industrie Fiammiferi (CIF) 917.9 kB

  Supremacy of EU Law - duty to deny application to incompatible national law - extension of such a duty to the whole of Member State organs, including independent administrative authorities, such as national competition authorities - national rules relating to the production and trading of matches - incompatibility with EU competition rules (points 48 ff.)

• Constitutional Court (Italy), Judgment No. 232/1989, Fragd 63.0 kB

  Supremacy of EU law - constitutional counter-limitations - review by the Constitutional Court available in respect of the national law providing for the "ordine di esecuzione" of the Treaty (i.e. giving the Treaty force of law in the Italian legal order), not of EU acts - exceptional case of an act of the EU which, though in conformity with fundamental rights as embodied in the general principles of EU law pursuant to the common constitutional traditions of the Member States, would be incompatible with fundamental rights as guaranteed by the Italian Constitution - entitlement of the Constitutional Court in such a case to declare constitutionally illegitimate the law giving the Treaty force of law in the Italian legal order insofar as it provides the basis for the application of the incompatible EU act (part in law ("in diritto), points 2 ff., esp. point 3.1)

• Constitutional Court (Italy), Judgment No. 170/1984, Granital v. Amministrazione delle finanze 77.5 kB

  Supremacy of EU law - Art. 11 of the Italian Constitution - duty of national judges to deny application to incompatible domestic laws - availability of review by the Constitutional Court in the extreme circumstances of a law affecting the enduring observance of the Treaty, being inconsistent with its fundamental principles, so as to imply an impairment of the transfer of sovereign powers to the EU pursuant to Art. 11 of the Italian Constitution (Italian text, part in law ("in diritto"), points 3 ff.)

• ECJ, Judgment of 9 March 1978, Case 106/77, Simmenthal 1.0 MB

  Supremacy of EU law - duty of national judges to guarantee full effect to EU law - duty of national judges to deny application to incompatible domestic rules, without waiting for the said rules to be repealed through legislative action or any other constitutional procedure (points 13 ff.)

• Constitutional Court (Italy), Judgment No. 183/1973, Frontini v. Amministrazione delle Finanze 66.5 kB

  Supremacy of EU law - Art. 11 of the Italian Constitution - EU as a legal order likely to contribute to the attainment of the aims of peace and justice among nations, as pursued by the said rule - constitutional relevance of the law providing for the "ordine di esecuzione" of the Treaty (i.e. giving the Treaty force of law in the Italian legal order) - constitutional illegitimacy of subsequent national laws incompatible with the Treaty or with directly applicable acts of the EU institutions - duty of judges finding incompatibility to raise question of constitutional legitimacy of the domestic law before the Constitutional Court (Italian text, part in law ("in diritto"), points 3 ff.)

• ECJ, Judgment of 15 July 1964, Case 6/64, Costa v. ENEL 932.7 kB

  Supremacy of EU law - distinctive features of the Union - transfer of competences from the Member States to the EU - irrevocable character of such a transfer - impossibility to oppose to the Union subsequent acts unilaterally adopted by a Member State (see: Grounds of judgment, on the application of Art. 177, on the submission that the court was obliged to apply the national law)

• Constitutional Court (Italy), Judgment No. 14/1964, Costa v. ENEL 103.0 kB

  Supremacy of EU law - initial negative attitude of the Italian Constitutional Court - equal ranking of the law providing for the "ordine di esecuzione" of the Treaty (i.e. giving the Treaty force of law in the Italian legal order) and of subsequent laws passed by the Italian Parliament - law providing for the nationalization of the production of electricity - Treaty provisions concerning competition - incompatibility - not a case of constitutional illegitimacy of the incompatible national law (Italian text, under "considerato in diritto", point 6)

• Charter of Fundamental Rights of the European Union 753.8 kB

  Adapted text applicable as from the entry into force of the Treaty of Lisbon (see, in particular, Art. 51)

• ECJ, Judgment of 21 December 2011, Cases C-411/10 - C-493/10, N.S. v. Secretary of State for the Home Department 120.5 kB

  Charter of fundamental rights of the European Union - Art. 51 - Charter binding on EU institutions and Member States insofar as they are acting in the implementation of EU law - s.c. "Dublin" Regulation concerning the determination of the Member State competent for the examination of an application for asylum - discretionary rule allowing the Member State faced with such an application to derogate form the rules under the Regulation when exceptional circumstances so require - duty for the Member States to make use of such a discretion in all cases where the application of the rules under the Regulation would endanger the fundamental rights of the applicant for asylum - need to evaluate the treatment granted to applicants for asylum in the Member State competent pursuant to the Regulation - relevance in this respect of the assessment made by the European Court of Human Rights (ECtHR) in its judgments relating to comparable cases - in particular, reference to ECtHR judgment in the case of M.S.S. v. Belgium and Greece of 2011, pointing to the degrading treatment reserved to applicants for asylum in the latter country (points 75 ff.)

• ECJ, Judgment of 19 January 2010, Case C-555/07, Kucukdeveci 66.0 kB

  Fundamental rights - reference to the Charter of fundamental rights of the European Union as a binding source of law - Art. 51 of the Charter - Charter binding in respect of EU institutions and of Member States insofar as they act in the implementation of EU law - national legislation implementing Directive 2000/78/EC, concerning the right of employees to a period of notice before dismissal - violation of the principle of non-discrimination on grounds of age - Art. 21 of the Charter (points 18 ff.)

• ECJ, Judgment of 18 June 1991, Case C-260/89, Elliniki Radiophonia Tileorassi (ERT) 672.9 kB

  Fundamental rights - ECJ not to judge compatibility with fundamental rights of national law provisions not falling within the scope of EU law - competence, instead, to assess such compatibility whenever Member States' action falls within the purview of EU law - reference to general principles of law - role of the European Convention on Human Rights (points 41 ss.)

• ECJ, Judgment of 14 May 1974, Case 4/73, Nold 1.1 MB

  Fundamental rights - existence within the EU legal system of a body of general principles of law concerning the protection of fundamental rights - reference to the common constitutional traditions of the Member States as well as to international treaties concerning human rights to which Member States are parties - European Convention on Human Rights of 4 November 1950 (points 12 ff.)

• ECJ, Judgment of 17 December 1970, Case 11/70, Internationale Handelsgesellschaft 1.1 MB

  Fundamental rights - supremacy of EU law on national law - application of EU law not to be affected by rules and principles of national law, even concerning fundamental rights - need, nonetheless, to respect fundamental rights as forming part of the general principles of EU law, based on the common constitutional traditions of the Member States (points 3 f.)

• ECJ, 4 February 1959, Case 1/58, Stork 1.1 MB

  Fundamental rights - restrictive approach, whereby such rights did not fall within the scope of the provisions in the Treaties - ECJ to guarantee the observance of the law in the application and interpretation of the rules in the Treaties and in the acts adopted by the institutions and not to address issues pertaining to national law (point 4 a)

• General Court (EU), Judgment of 30 September 2010, Case T-85/09, Kadi v. Commission 189.0 kB

  Common Foreign and Security Policy - Regulation adopted pursuant to a CFSP decision, providing for the implementation at the EU level of a UN Security Council resolution, providing for the inclusion of the applicant in a list of subjects suspected of supporting terrorism - Regulation providing for the freezing of assets of persons included in the list, thereby affecting the free movement of capitals among the Member States - need to ensure judicial protection of rights deriving from EU law - violation of the right of the applicant to be heard within the procedure which lead to the inclusion of his name in the list - Regulation merely reproducing the list as established by the Committee of Sanctions of the UN Security Council without further examination of the grounds for inclusion - annulment, insofar as the applicant is concerned (points 112 ff., 132 ff., 149 ff., 171 ff.)

• ECJ, Judgment of 13 May 1981, Case 66/80, International Chemical Corporation (ICC) 1.7 MB

  Reference for a preliminary ruling - question of validity of an act of the EU - effects of the judgment of the Court declaring the EU act invalid - binding on the referring court or tribunal - sufficient ground for any other court or tribunal of a Member State to consider the act concerned as invalid (points 9 ff.)

• ECJ, Judgment of 6 October 1982, Case 283/81, CILFIT 913.7 kB

  Reference for a preliminary ruling - interpretation of EU law - duty for a last-instance court or tribunal of a Member State to refer questions to the ECJ - exceptions - identical question solved by an earlier judgment of the Court; consistent case law of the Court concerning the same point of law although in not identical situations; "acte clair" - limits (points 12 ff.)

• Constitutional Court (Italy), Order No. 103/2008 81.0 kB

  Reference for a preliminary ruling - notion of "court or tribunal of a Member State" pursuant to Article 267 TFEU - Italian Constitutional Court - need to establish whether, pursuant to the distinctive features of a "court or tribunal" stressed by the ECJ in its case law, such a body acts materially as a judge in respect of the dispute submitted to it - distinction between procedures where the Constitutional Court is seized incidentally by a domestic court in order to rule on the constitutional legitimacy of domestic laws, in which case the judge of the dispute is the referring court, and procedures where the Constitutional Court is seized principally, as in cases of conflicts of attributions between the powers of the State and between the State and the regions, as in the instant case (Italian text, point headed "sulla rilevanza della questione pregiudiziale")

• ECJ, Judgment of 27 January 2005, Case C-125/04, Denuit 306.7 kB

  Reference for a preliminary ruling - notion of "court or tribunal of a Member State" for the purposes of admissibility of the reference - autonomous EU notion - distinctive features of a "court or tribunal" for the purposes of Art. 267 TFEU (formerly Art. 234 EC) - in particular, establishment by law and mandatory jurisdiction - arbitration - lack of the said requirements in respect of arbitration based on an agreement freely entered into by the parties, as opposed to mandatory arbitration (points 11 ff.)

• ECJ, Judgment of 18 October 1990, Cases 297/88, C-197/89, Dzodzi 1.0 MB

  Reference for a preliminary ruling - interpretation of EU law - domestic case - competence of the Member States' judges to assess the relevance of the question of interpretation for deciding the pending dispute - reference to provisions of EU law contained in domestic legislation - competence of the ECJ to rule in respect of the interpretation of EU law only (points 31 ff.)

• ECJ, 9 September 2008, Cases C-120, C-121/06, FIAMM 100.5 kB

  Action for non-contractual liability of the EU - requirements in respect of liability deriving from legislative activity in the field of economic policy - restrictive approach - need to establish a sufficiently serious breach of a superior rule of law for the protection of individuals (points 172 ff.)

• ECJ, Judgment of 23 March 2004, Case C-234/02, European Ombudsman v. Lamberts 1.0 MB

  Action for non-contractual liability of the EU - requirements - provision of EU law likely to confer rights on individuals; sufficiently characterized violation; link of causation - alignment to the requirements for Member States' liability for violation of EU law (points 49 ff.)

• ECJ, Judgment of 26 February 1986, Case 175/84, Krohn 348.4 kB

  Action for non-contractual liability of the EU - damage deriving from national acts implementing EU acts - need to establish that damage is attributable to action of the institutions of the EU, not to national implementing measures (points 18 ff.)

• ECJ, Judgment of 2 December 1971, Case 5/71, Aktien-Zuckerfabrik 886.9 kB

  Action for non-contractual liability of the EU - autonomous remedy within the system of judicial protection of rights deriving from EU law - need to evaluate incidentally the legitimacy of the EU act (points 3 ff., 11 ff.)

• ECJ, Judgment of 26 November 1996, Case C-68/95, Port 809.7 kB

  Action for failure to act - application by individuals, including legal persons - admissible also in respect of failure to adopt acts whereby the applicant would have been directly and individually concerned - mirroring the subjective requirements for admissibility of actions of annulment (points 58 ff.)

• ECJ, Judgment of 18 November 1970, Case 15/70, Chevalley 503.0 kB

  Action for failure to act - remedy available to individual applicants only in respect of failure to adopt binding acts, not as concerns recommendations and opinions - need to consider the effects which the act to be adopted would have been likely to produce (points 6 ff.)

• ECJ, 30 June 1988, Case 226/87, Commission v. Greece 285.2 kB

  Exception of invalidity of regulations - not available to challenge other acts, such as decisions - not available within an infringement procedure concerning the non-implementation or violation of the act challenged, the purposes of the two procedures being entirely distinct (points 13 ff.)

• ECJ, judgment of 6 March 1979, Case 92/78, Simmenthal 1.9 MB

  Exception of invalidity of regulations - available within an action for annulment of a decision, whenever the regulation concerned constitutes the basis for the adoption of the decision challenged (points 34 ff.)

• ECJ, Judgment of 1 April 2004, Case C-263/02, Commission v. Jégo Quéré 749.2 kB

  Action for annulment - admissibility of actions by individuals against regulations - need for the individual applicant to be directly and individually concerned - requirements - need to consider, failing the said requirements, other judicial remedies under the Treaties thorough which judicial review may be obtained (points 29 ff.) (see, currently, the innovations introduced in respect of the admissibility of actions for annulment against regulations under Article 263 TFEU)

• ECJ, Judgment of 15 July 1963, Case 25/62, Plaumann v. Commission 1002.7 kB

  Action for annulment - admissibility of actions by individuals against decisions directed to a Member State - need for the individual applicant to be directly and individually concerned - requirements (point I - admissibility) (see also, in respect of regulations, ECJ, 13 May 1971, Cases 41-44/70, International Fruit Co., previously uploaded on this page, points 16-19)

• Court of Ist Instance, Judgment of 8 October 2008, Case T-411/06, Sogelma v. European Agency for Reconstruction (EAR) 127.5 kB

  Action for annulment - admissibility against acts of bodies other than the institutions contemplated under Article 230 EC (currently Art. 263 TFEU) - EC (now EU) as a legal community whereby judicial protection of rights deriving form the Treaties is guaranteed - need to ensure judicial review of any act producing effects on third parties (points 33 ff., esp. 37)

• ECJ, Judgment of 23 April 1986, Case 294/83, Parti ecologiste "Les verts" v. European Parliament 838.1 kB

  Action for annulment - admissibility also against acts other than those envisaged under Article 173 EEC (currently 263 TFEU) - EC (now EU) as a legal community, within which judicial protection of rights deriving from the Treaties must be guaranteed (points 23 f.)

• ECJ, Judgment of 4 July 2000, Case C-387/97, Commission v. Greece 1.1 MB

  Infringement procedure - effects of judgment of the Court establishing the infringement - need to examine compliance by the Member State to every point of the judgment - term for complying with the judgment - determination of the amount of penalty - criteria (points 59, 81 f., 90)

• ECJ, Judgment of 5 November 2002, Case C-476/98, Commission v. Germany 1.9 MB

  Infringement procedure - relevance of the pre-contentious phase of the procedure for the purposes of identifying the object of the dispute - distinction as concerns the content between the letter of formal notice and the reasoned opinion issued by the Commission (points 46 ff.)

• ECJ, Judgment of 11 August 1995, Case C-431/92, Commission v. Germany 624.0 kB

  Infringement procedure - discretionary evaluation by the Commission - irrelevance of a specific interest of the Commission - duty to control compliance by Member States to obligations deriving from the Treaties - identification of the relevant conduct of the Member State in question (points 19 ff.)

• ECJ, Judgment of 24 November 2011, Case C-379/10, Commission v. Italy (Traghetti del Mediterraneo - Infringement) 66.0 kB

  Obligations deriving from EU law - violation by Member States through judicial activity - notion of 'sufficiently characterized violation' for the purposes of Member States' liability for violation of EU law - not limited to the sole cases of personal liability of magistrates under relevant domestic legislation - infringement (points 30 ff., 35 ff., 40 ff., 45 ff.) (available in French, Italian version available under 'Diritto dell'Unione europea (a-l)')

• ECJ, Judgment of 13 June 2006, Case C-173/03, Traghetti del Mediterraneo SpA v. Italy 739.0 kB

  Obligations deriving from EU law - violation by Member States through judicial activity - last-instance judges - violation of duty to refer questions for preliminary ruling to the ECJ under Article 234 EC (currently 267 TFEU) - right of the individual to compensation suffered as a consequence of the violation -conditions (points 24 ff., 26, 30 ff., 42 ff.)

• ECJ, Judgment of 30 September 2003, Case C-224/01, Koebler v. Austria 1.5 MB

  Obligations deriving from EU law - violation by Member States - reference to the whole of their organs, including judiciary - last-instance judges - wrongful interpretation and application of EU law - right of the individual to compensation for damage suffered - conditions (points 30 ff., 35, 39, 43 ff., 51 ff.)

• ECJ, Judgment of 5 March 1996, Cases C-46, C-48/93, Brasserie du pécheur SA, Factortame Ltd 1.2 MB

  Treaty provisions - having direct effect - violation by Member States through the adoption or maintaining in force of inconsistent domestic provisions - right of the individual to compensation for damage suffered - conditions (points 20 ff., 37 ff., 46, 51, 55 ff.)

• ECJ, Judgment of 19 November 1991, Cases C-6, C-9/90, Francovich, Bonifaci v. Italy 575.2 kB

  Directives - non having direct effect - liability of the Member State for violation of duty to implement - right of the individual to compensation for damage suffered - conditions - compensation subject to domestic law provisions - limits (points 10 ff., 17 ff., 26, 31, 38 ff.)

• ECJ, 26 September 2002, Case C-351/98, Kingdom of Spain v. Commission 1.2 MB

  Atypical acts - Communications of the Commission adopted in competition matters - non-binding acts - relevant as preparatory acts in respect of decisions to be adopted by the Commission in respect of the situations concerned (points 53 ff.)

• ECJ, 13 July 2004, Case C-27/04, Commission v. Council 1.1 MB

  Atypical acts - Conclusions of the Council adopted pursuant to the procedure for monitoring excessive government deficits (Art. 104 EC, currently Art. 126 TFEU) - amenable to judicial review whenever they materially modify the effect of previously adopted acts (points 44 ff.)

• ECJ, 19 March 1996, Case C-25/94, Commission v. Council 531.9 kB

  Atypical acts - inter-institutional agreements - agreement between the Council and the Commission concerning the exercise of the right of vote within FAO assembly - challenge of a decision by the Council unilaterally establishing a different voting procedure in respect of the adoption of a FAO Convention, incompatible with the procedure contemplated in the inter-institutional agreement (points 29 ff., 48 ff.)

• Court of Ist Instance, 27 February 1992, Cases T-79/89 and others, BASF AG and others v. Commission 2.3 MB

  Atypical acts - internal regulations of the Institutions - Internal regulation of the Commission - need to distinguish between provisions of a mere organizational nature and provisions likely to affect rights of individuals - Relevance in this sense of provisions concerning the preparation, adoption and authentication of acts of the Commission (points 76 ff.)

• ECJ, 15 March 1967, Cases 8-11/66, SA Cimenteries 1.5 MB

  Opinions - non-binding acts - duty of the Institutions of the Union to adopt binding acts, amenable to judicial review, whenever private rights of the individuals are affected (point concerning admissibility)

• ECJ, 13 December 1989, Case 322/88, Grimaldi 339.1 kB

  Recommendations - non-binding acts - conditions for their adoption - exclusion of direct effect as non-binding acts - duty of domestic judges to consider them for the purposes of interpretation of binding acts of the Union and of domestic implementing legislation (points 8, 12 ff., 18)

• ECJ, 7 June 2007, Case C-80/06, Carp 348.8 kB

  Decisions - binding in their entirety for the specified addressees - decision addressed to the Member States as a whole, implementing provisions contained in a directive - not implemented in domestic law - direct effect - exclusion of horizontal direct effect (points 20 ff.)

• ECJ, 6 October 1970, Case 9/70, Grad 45.5 kB

  Decisions - binding in their entirety for the specified addressees - decision addressed to a Member State - not implemented in domestic law - vertical direct effect - conditions (points 3 ff., 5)

• ECJ, 7 January 2004, case C-201/02, Wells 819.1 kB

  Directives - vertical direct effect - exclusion of such effect to the detriment of individuals - right of the individual to invoke vertical direct effect against the Member State - irrelevance in this respect of incidental prejudice to third parties' rights, even if certain, deriving therefrom - s.c. "triangular" direct effect (points 54 ff.)

• ECJ, 26 September 2000, case C-443/98, Unilever Italia SpA 737.6 kB

  Directives - vertical direct effect - procedural duty established by a directive (duty of notification of national implementing measures to the Commission and suspension of implementation pending examination) - right of the individual to apply for non-application of the implementing measure adopted in violation of the procedural duty - irrelevance in this respect of the likelyhood of prejudice to third parties' rights deriving from the non-application of the national implementing measure (points 31 ff.)

• ECJ, 13 November 1990, case C-106/89, Marleasing SA 244.3 kB

  Directives - duty of implementation - duty to be discharged by the State through the whole of its organs, including the judiciary - consistent interpretation: duty of domestic judges to interpret national law provisions, whether previously or subsequently enacted, consistently with the directive (points 6 ff.)

• ECJ, 26 February 1986, case 152/84, Marshall 647.2 kB

  Directives - direct effect - exclusion of horizontal direct effect - right of the individual to invoke vertical direct effect against the Member State, including in those cases where the State as such or through any of its constituencies acts as employer (points 39 ff., 46 ff.)

• ECJ, 4 December 1974, Case 41/74, van Duyn 1006.9 kB

  Directives - failed implementation - direct effect - conditions (points 12 ff.)

• ECJ, 23 May 1985, case 29/84, Commission v. Germany 604.1 kB

  Directives - choice of form and methods for implementation - limits - insufficiency of mere practice of public bodies, even if dictated by mandatory principles of law - need for certainty and foreseeability of national implementing measures (points 17 ff., 28 ff.)

• ECJ, 18 December 1997, case C-129/96, Inter-Environnement Wallonie 54.5 kB

  Directives - term for implementation - duty of Member States to refrain, pending the said term, from adopting any incompatible measure (s.c. duty of standstill) (points 40 ff.)

• ECJ, 11 January 2001, case C-403/98, Azienda agricola Monte Arcosu Srl 401.9 kB

  Regulations - direct applicability - to the exclusion of those provisions expressly requesting implementation at Member States' level (points 25 ff.)

• ECJ, 13 May 1971, cases 41-44/70, International Fruit Co. 1.2 MB

  Regulations - general application - distinction from those acts consisting of a bundle of decisions, addressed to a series of individuals, identified on the basis of particular personal conditions (points 16-19)

• ECJ, 14 December 1962, cases 19-22/62, Fédération nationale de la Boucherie en gros 668.9 kB

  Acts of the Union - relevance for the purposes of distinguishing between the different types of acts of their scope, whether general or individual (points 2-3)

• Court of Ist Instance (EC), Judgment of 17 June 1998, Case T-135/96, UEAPME 2.0 MB

  The judgment stresses the need for democratic representation to be assured in the adoption of legislative acts, as it is normally by the participation of the European Parliament, also within special legislative procedures, such as that established by current Art. 155 TFEU (then Art. 139 -formerly 118 B- EC) in social policy matters (points 88 ff.)

• ECJ, Judgment of 17 December 1970, Case 25/70, Koster, Berodt & Co. 1.3 MB

  The judgment concerns the relevance of the procedure followed by the Institutions in the adoption of acts, pointing out the distinction between acts finding their basis in the Treaties and acts merely adopted for implementing the former(points 6 ff.)

• ECJ, Judgment of 13 July 2004, Case C-27/04, Commission v. Council 1.1 MB

  The judgment stresses the limits inherent in the Commission's powers in those fields where it pursues a mere coordination of Member States' national policies, such as in the field of budgetary policy (points 78 ff.)

• ECJ, Judgment of 11 July 2006, Case C-432/04, Commission v. Cresson 1.4 MB

  The judgment underlines the duties of impartiality of Commission members, with particular regard to the organization of the relevant offices (points 64 ff.)

• ECJ, Judgment of 22 May 1990, Case C-70/88, Parliament v. Council 329.1 kB

  The judgment underlines the decisive importance of the institutional balance within the Union, as devised by the Treaties, and the need for a judicial control of its respect, to be performed by the European Court of Justice (points 21 ff.)

• ECJ, Opinion of 15 November 1994, No. 1/94 1.3 MB

  Concerning the competence of the EC to conclude agreements in matters of services and of intellectual property rights - GATS and TRIPS agreements annexed to the agreement establishing the WTO - Common commercial policy, scope of application (esp. points 35 ff.)

• ECJ, Opinion of 4 October 1979, No. 1/78 1.4 MB

  Concerning the conclusion of the International Agreement on Natural Rubber - Common commercial policy - Scope of application - Competence to conclude agreements (points 37 ff.)

• ECJ, Opinion of 11 November 1975, No. 1/75 493.3 kB

  Concerning the participation in the OECD Understanding on a Local Cost Standard - Common commercial policy - Scope of application - Competence to conclude agreements (points B 1-2)

• ECJ, Opinion of 7 February 2006, No. 1/03 2.4 MB

  Concerning the conclusion of the new Lugano Convention on jurisdiction and enforcement of foreign judgments in civil and commercial matters - evolution of the rule of parallelism, relevance of the effects of the agreement on acts adopted by the EU (esp. points 114 ff.)

• ECJ, Opinion of 19 March 1993, No. 2/91 409.0 kB

  Concerning the accession to Convention No. 170 of the ILO on safety in the handling of chemical substances at work - evolution of the rule of parallelism, joint competence of the EC and the Member States to conclude agreements (esp. points 24-26)

• ECJ, Opinion of 26 April 1977, No. 1/76 614.6 kB

  Concerning the conclusion of the agreement establishing the European Laying-Up Fund for Inland Waterway Vessels - evolution of the rule of parallelism internal-external competences of the EC (points 3 ff.)

• ECJ, Judgment of 31 March 1971, Case 22/70, Commission v. Council (ERTA) 1.3 MB

  The first judgment of the Court of Justice affirming the rule of parallelism between internal and external competences of the EC (points 6 ff.)

• ECJ, Judgment of 9 October 2001, Case C-377/98, Netherlands v. European Parliament and Council of the EU 842.0 kB

  The judgment underlines the limits inherent in the judicial review by the ECJ of compliance by the Union to the principle of subsidiarity (points 30 ff. of the judgment)

• ECJ, Judgment of 13 May 1997, Case C-233/94, Germany v. European Parliament and Council of the EU 1.1 MB

  The judgment underlines the limits inherent in the judicial review by the European Court of Justice of compliance by the Union to the principle of subsidiarity (points 22 ff. of the judgment)

• European Court of Justice (ECJ), Judgment of 3rd February 1963, Van Gend en Loos 1.0 MB

  The judgment identifies the distinguishing features of the European Communities' legal order, as "a new legal order of international law" (page 12)

• Schuman Declaration of 9th May 1950 61.9 kB
• Protocols to the Treaty of Lisbon 1.3 MB
• Treaty on the Functioning of the European Union (TFEU) 1.4 MB
• Treaty on the European Union (TEU) - consolidated version 841.5 kB