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54 Cards in this Set
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Commission v Italy |
free movement of goods - dealt with exporting art reassures from italy, you had to pay a tax to do this and the question was whether it had equivalent effect to quantitative restriction. The italian argued it was art so not a commercial product. The italian government gave a value to the art to impose the tax so it had a commercial value way that art 36 provides exceptions - protection of national treasures |
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Commission v Ireland |
Free movement of goods - the irish government wanted more irish products to be sold so they established a national goods council to promote the sale of irish good. There were lots of banners saying 'buy irish'. if a shopkeeper did that it would be fine but the body was set up and funded by the state. The measure may not be binding also an example of distinctly applicable measure |
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Commission v France |
free movement of goods - spanish strawberries rotten because french farmer blocked motorways. Action was taken against france because they said their behaviour was causing a measure equivalent to a quantitative restriction |
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Dassonville |
free movement of goods - the first case to comment on measures having equivalent effect to quantitative restrictions. Formula which includes measures which are merely capable of hindering trade between member states - it is an effects based test 'all trading rules enacted by ms capable of hindering directly or indirectly actually or potentially intracommunity trade are equal to quantitative restrictions' |
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Cassis de dijon |
Free movement of goods - 1)RULE OF REASON - mandatory requirements such as public morality, policy, security, protection of health and life of animals humans plants, the environment, industrial and commercial property etc - 1) MUTUAL RECOGNITION - once goods are lawfully marketed in one member states they should be in all - german law law down a minimum alcohol level of 25% for certain spirits including cassis. german cassis complied with this level but french cassis did not. German regulation was indistinctly appplied but the result was to ban french cassis from the german market. court applied dassonville formula confirming that art 34 could apply measures which appeared to apply both to domestic products and imports |
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Keck |
Free movement of goods - distinguishing between product and selling requirements. selling arrangements are prohibited if they are non discriminatory. Measures considered as selling arrangements are no longer regarded as MEQRs |
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Commission v UK 'poultry imports' |
Free movement of goods - No arbitary discrimination and the national measure must be proportionate. Public health and life of humans, animals and plants, - article 36 used |
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R v Henn and Darby |
Free movement of goods - public morality - a way that article 36 has been used/interpreted. import bans. an example of a distinctly applicable measure |
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Campus oil |
Free movement of goods - public security - a way that article 36 has been used |
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Bilka |
Discrimination - employer only provided access to pension scheme for full time employees. Woman argued she was a part time worker. Most part time workers were women which put them at a particular disadvantage in comparison to men. Legitimate aim argued - that they wanted to expand loyalty of employees Established test 1) legit business goal 2) means correspond to a real need 3) means chosed appropriate to achieve objective 4) means necessary to the end |
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Dekker |
Discrimination - in several member states courts decided you couldnt have sex discrimination on grounds of pregnancy since there was no comparator. In this case ECJ said that since pregnancy can only apply to women it must be to do with their sex |
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Van Deyn |
Free movement of persons - Dutch national scientology arrived in the uk and immigration said go home as they didn't approve of her religion. She challenged the decision on the grounds of her freedom of movement as a worker. Court said it wouldnt be right for the uk parliament to ban any religion in the uk. But she wasn't just practicing her religion she was a member of the scientology society so this was enough to keep her out. |
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Levin |
Free movement of persons - british woman married south african and under british law you cant bring your non british partner into the country so they moved to the netherlands and she became a chambermaid. Came back to UK and is now british citizen who exercised her right as a free movement as a worker in the netherlands and exercised it back into britain so noone can stop her husband coming into the country definition for worker - has to be effective and genuine |
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Martinez Sala
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Free movement of persons - child care benefit. woman had been in germany for 25 years and was no longer a worker but was denied child care allowance as she didnt have a residence document permit required by german law. Court relied on art 17 of treaty to evoke right of non discriminatory treatment. she was lawfully resident so she use her citizenship rights to gain access to childcare allowance
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chen
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free movement of persons - chinese family working in the uk moved to ireland to have a child. uk authority say no to the parents but the child was an eu citizen with rights of movement so uk had to allow the chinese parents in in order to look after their child. so in regards to the wholly internal rule citizenship it doesnt matter if you move or not you can still trigger eu law
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Steynmann
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free movement of persons - man carried out odd jobs in religious community and got food and bed - court said he was a worker so got economic benefit
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Kempf
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Free movement of persons - part time workers are to be seen as workers even if their income is supplimented. case of a music teacher.
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Commission v France (angry farmers)
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Free movement of goods - blocked the import of french strawberries and the court did not intervene
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Commission v Germany |
Free movement of goods - quantitative restrictions - concerned a labelling scheme operated by a non-governmental body courts prefere to use art 36 over cassis where they are able |
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Geddo |
Free movement of goods - definition of quantitative restrictions |
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Commission v Denmark |
Free movement of goods - mandatory requirements which fall under cassis rule of reason - protection of the environment |
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schwartz |
Free movement of goods - goes against keck as it was too difficult to distinguish between selling arrangements and product requirements |
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Commission v UK 'UHT Milk' |
free movement of goods - public health - article 36 exception. court held that the measure to ban imports from 6 member states was a disguised restriction and did not form part of a seriously considered health policy |
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Hertz |
Discrimination - Illegal to sack a woman in the period of maternity leave following the the birth of her child |
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Boyle |
Discrimination - don't need to have equal pay to others when on maternity leave |
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Kalanke |
Discrimination - example of positive action court said was unlawful. Priority in jobs for the underrepresented sex |
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Marschall |
Discrimination - positive action same case as kalanke but with a saving clause |
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Abrahamsson v Anderson |
Discrimination - positive action - cannot justify appointment of less qualified woman over more qualified man |
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Enderby |
Discrimination - in equal pay - same work or work of equal value - speech therapy v clinical psychology |
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Coleman v attridge law |
Discrimination - indirect discrimination - burden of proof is on the respondent and must provide evidence |
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Commisson v France |
Discrimination - exceptions to equal treatment - differentnsex wardans for male and female prisons |
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Rinner kuhn |
Discrimination - non payment of salary to part time workers during period of illness |
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Danfoss |
Discrimination - indirect discrimination - employer tried to say that a job gave preference to adaptability but case failed |
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Saunders |
Free movement of persons - rights to free movement etc conferred by the treaty and secondary legislation do not apply in situations which are 'wholly internal to the member states' |
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de groot |
free movement of persons - people who leave their member state and exercise free movement rights in another ms and then return are covered by the eu rules |
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lawrie blum |
free movement of persons - a worker is a person who is obliged to provide services for someone in return for money. must be subject to control of another and so self employed does not fall under the definition of a worker. here a trainee teacher in germany did not fall within the definition of worker |
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bettrez |
free movement of persons - income for drug rehibilitation did not count as worker status as it was part of his treatment |
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McCarthy |
Free movement of persons - only exceptional cases of no cross border element will fall under the scope of EU law |
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Reed |
Free movement of persons - cohabitees are allowed to stay the same as spouses |
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metock |
Free movement of persons - fairness for family members. court prohibited national law making the right of residence of family members subject to prior lawful residence in another member state |
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Nino |
Free movement of persons - wholly internal rule - italian law made it an offence to practice as a doctor without proper authorisation. nino and others were charged as biotherapists falling within definition of doctor and due to law being within the member state court held that art 49 did not apply a the situation was wholly internal |
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D'hoop |
free movement of persons - wholly internal rule - child did schooling in another member state and as the workers were the parents and had not moved it did not fall under art 45. however the cj rejected the uks argumenet that to fall within union law the individual must move and pursue an activity falling under scope of the treaty, this is an important shift in approach, movement in itself triggers union law |
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de coster |
free movement of persons - wholly internal rule - services themselves can also move. satelite dishes tax, had not move cross border but were receiving cross border signals so were held to fall under the eu rules. cj accepted the potential for movement as sufficient. |
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sighn |
free movement of persons - eu law can be invoked by nationals against their own member state when they are exercising or have exercised their rights of free movement. it is taking increasingly little to trigger application of eu law |
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marks and spencer |
free movement of persons -wholly internal rule - companies - a rule dterred companies established in the uk from establishing subsidiaries in other member states. cross border element provided by the impact on its choices about whether to set up subsidiaries in other member states. eu law was triggered here |
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bouchereau |
free movement of persons - derrogations - public policy - activities must be sufficiently socially harmful to pose genuine and sufficiently serious threat |
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tsakouridis |
free movement of persons - public security - drug dealer. public security could include internal matter such as serious crime and up to court to judge based on merits of each case
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kohll |
free movement of persons - public health - arguments based on the need to provide a functioning health service |
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Bidar |
free movement of persons - student - not entitled to finance unless sufficient link with the member state. students have a legitimate expectation for financial solidarity subject to sufficient integration into the host society |
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bernin |
free movement of persons - if student was a worker and became voluntarily unemployed to be entitled to support there must be a link between previous work and the study |
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lair |
free movement of persons - if student was worker and became involuntarily unemployed they retain their rights as a worker even if the study is unconnected with previous work (forser goes against this) |
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Wippel v peek and cloppenburg |
Discrimination -part time workers cannot be said to do work of equal value to full time |
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Carpenter |
Free movement of persons - right of spouse of eu citizen to reside if the deportation of the parent would prevent genuine enjoyment of eu citizenship |
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diatta |
free movement of persons - right of divorcee to stay in member state |
