Part II European Law: Enforcement

7. National Actions  

Cases

Download Content

  • Case 28-30/62 Da Costa
    In Joined Cases 28, 29 and 30/62 each being a Reference to the Court, under subparagraph (a) of the first paragraph and under the third paragraph of [Article 267 TFEU], by the Tariefcommissie, the Dutch administrative court of last instance in taxation matters, for a preliminary ruling in the actions pending before that court, between…Case 28-30/62 Da Costa
  • Case 33/76 Rewe
    JUDGMENT OF THE COURT 16 DECEMBER 1976 Rewe-Zentralfinanz eG and Rewe-Zentral AG v Landwirtschaftskammer für das Saarland (preliminary ruling requested·by the Bundesverwaltungsgericht) Case 33/76 Summary 1. Customs duties - Charges having effect equivalent - Abolition - Direct effect - Rights of individuals - Protection by national courts ([Article 30 TFEU], Regulation No 159/66/EEC, Article 13)…Case 33/76 Rewe
  • Case 106/77 Simmenthal II
    In Case 106/77 REFERENCE to the Court under [Article 267 TFEU] by the Pretore di Susa (Italy) for a preliminary ruling in the action pending before that Court between AMMINISTRAZIONE DELLE FINANZE DELLO STATO (Italian Finance Administration) and SIMMENTHAL S.PA., having its registered office at Monza, on the interpretation of [Article 288 TFEU] and, in…Case 106/77 Simmenthal II
  • Case 104/79 Foglia v Novello (No 1)
    In Case 104/79 Reference to the Court under [Article 267 TFEU] by the Pretura [District Court], Bra, for a preliminary ruling in the action pending before that court between PASQUALE FOGLIA, San Vittoria d'Alba, and MARIELLA NOVELLO, Magliano Alfieri, on the interpretation of [Articles 107 and 110 TFEU]Case 104/79 Foglia v Novello (No 1)
  • Case 246/80 Broekmeulen
    In Case 246/80 REFERENCE to the Court under [Article 267 TFEU] by the Commissie van Beroep Huisartsgeneeskunde [Appeals Committee for General Medicine], The Hague, for a preliminary ruling in the proceedings pending before that committee between C. BROEKMEULEN, a doctor practising at Kerkdriel, and HUISARTS REGISTRATIE COMMISSIE [General Practitioners Registration Committee], on the interpretation of…Case 246/80 Broekmeulen
  • Case 283/81 CILFIT
    In Case 283/81 REFERENCE to the Court under [Article 267 TFEU] by the First Civil Division of the Corte Suprema di Cassazione [Supreme Court of Cassation] for a preliminary ruling in the proceedings pending before that court SRL CILFIT -in liquidation -and 54 Others, Rome, v MINISTRY OF HEALTH, in the person of the Minister,…Case 283/81 CILFIT
  • Case 14/83 Von Colson
    In Case 14/83 REFERENCE to the Court under [Article 267 TFEU] by the Arbeitsgericht [Labour Court] Hamm for a preliminary ruling in the action pending before that court between SABINE VON COLSON AND ELISABETH KAMANN and LAND NORDRHEIN-WESTFALEN [North-Rhine Westphalia], on the interpretation of Council Directive No 76/207/EEC of 9 February 1976 on the implementation…Case 14/83 Von Colson
  • Case C-213/89 Factortame
    JUDGMENT OF THE COURT 19 June 1990 In Case C-213/89 REFERENCE to the Court under [Article 267 TFEU] by the House of Lords for a preliminary ruling in the proceedings pending before that court in the case of The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and Others, on the interpretation…Case C-213/89 Factortame
  • Joined Cases C-6 and 9/90 Francovich
    JUDGMENT OF THE COURT 19 November 1991 In Joined Cases C-6/90 and C-9/90, REFERENCE to the Court under [Article 267 TFEU] by the Pretura di Vicenza (Italy) (in Case C-6/90) and by the Pretura di Bassano del Grappa (Italy) (in Case C-9/90) for a preliminary ruling in the proceedings pending before those courts between Andrea…Joined Cases C-6 and 9/90 Francovich
  • Case C-338/91 Steenhorst-Neerings
    JUDGMENT OF THE COURT 27 October 1993 In Case C-338/91, REFERENCE to the Court under [Article 267 TFEU] by the Raad van Beroep, 's-Hertogenbosch (Netherlands), for a preliminary ruling in the proceed­ ings pending before that court between H. Steenhorst-Neerings and Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen on the interpretation of Article…Case C-338/91 Steenhorst-Neerings
  • Joined Cases C-46 and 48/93 Brasserie du Pecheur
    JUDGMENT OF THE COURT 5 March 1996 In Joined Cases C-46/93 and C-48/93, REFERENCE to the Court under [Article 267 TFEU] by the Bundesgerichtshof (Case C-46/93) and by the High Court of Justice, Queen's Bench Division, Divisional Court (Case C-48/93) for a preliminary ruling in the proceedings pending before those courts between Brasserie du Pecheur…Joined Cases C-46 and 48/93 Brasserie du Pecheur
  • Case C-5/94 Hedley Lomas
    JUDGMENT OF THE COURT 23 May 1996 In Case C-5/94, REFERENCE to the Court under [Article 267 TFEU] by the High Court of Justice, Queen's Bench Division (England and Wales), for a preliminary ruling in the proceedings pending before that court between The Queen and Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas…Case C-5/94 Hedley Lomas
  • Case T-184/95 Dorsch Consult
    JUDGMENT OF THE [GENERAL COURT] (Second Chamber) 28 April 1998 (Non-contractual liability for an unlawful act - Regulation No 2340/90 - Embargo on trade with Iraq - Impairment of rights equivalent to expropriation - Liability for an unlawful act - Damage) In Case T-184/95, Dorsch Consult Ingenieurgesellschaft mbH, a company incorporated under German law, established…Case T-184/95 Dorsch Consult
  • Case C-231/96 Edis
    JUDGMENT OF THE COURT 15 September 1998 In Case C-231/96, REFERENCE to the Court under [Article 267 TFEU] by the Tribunale di Genova (Italy) for a preliminary ruling in the proceedings pending before that court between Edilizia Industriale Siderurgica Srl (Edis) and Ministero delle Finanze, on the interpretation of [Union] law concerning recovery of sums…Case C-231/96 Edis
  • Case C-78/98 Preston
    JUDGMENT OF THE COURT 16 May 2000 In Case C-78/98, REFERENCE to the Court under [Article 267 TFEU] by the House of Lords, United Kingdom, for a preliminary ruling in the proceedings pending before that court between Shirley Preston and Others and Wolverhampton Healthcare NHS Trust and Others and between Dorothy Fletcher and Others and…Case C-78/98 Preston
  • Case C-118/00 Larsy
    JUDGMENT OF THE COURT (First Chamber) 28 June 2001 In Case C-118/00, REFERENCE to the Court under [Article 267 TFEU] by the Cour du travail de Mons (Belgium) for a preliminary ruling in the proceedings pending before that court between Gervais Larsy and Institut national d'assurances sociales pour travailleurs independants (Inasti), on the interpretation of…Case C-118/00 Larsy
  • Case C-453/00 Kühne & Heitz
    JUDGMENT OF THE COURT 13 January 2004 (Poultrymeat - Export refunds - Failure to refer a question for a preliminary ruling - Final administrative decision - Effect of a preliminary ruling given by the Court after that decision - Legal certainty - Primacy of [Union] law - Principle of cooperation - [the second and third…Case C-453/00 Kühne & Heitz
  • Case 26/62 Van Gend en Loos
    Case 26/62 Van Gend en Loos [1963] Facts: The appellant in this case was required to pay an import duty for the import of chemicals from Germany. Contrary to Art. 30 TFEU, the duty had increased. Held: The Treaty provisions had direct effect on Member States. The ECJ considered that ‘the Community constitutes a new…Short summary
  • Case 6/64 Costa v ENEL
    Case 6/64 Costa v ENEL [1964] Facts: The applicant had to settle an invoice for electricity with ENEL, the state electricity company. He claimed that the law nationalising the electricity sector contradicted EU law. Held: EU law had created its own legal system which, on the entry into force of the Treaty, became an integral…Short summary
  • Case C-6/90 Francovich v Italy
    Case C-6/90 Francovich v Italy [1991] Facts: Italy failed to implement a Directive that would establish a guarantee fund to protect employees from loss of wages in case of the insolvency of their employer. The applicant had been affected by this failure and wanted to take advantage of EU law against Italy to receive compensation.…Short summary
  • Case 106/77 Simmenthal
    Case 106/77 Simmenthal [1978] Facts: The respondent company claimed within national courts that veterinary fees levied on imports of beef at the border were incompatible with (prior) Community law. Held: [Preliminary Reference] that these charges were incompatible with EU law, and that the ECJ, preliminary reference: Such charges were indeed contrary to the Treaty. The…Short summary