EU Law Cases and Principles

Uberseering Case

• The ECJ ruled that national courts must not apply the company seat principle.
• The company seat principle is deemed neither justifiable nor necessary as it could be achieved through less restrictive means.

Nature of EU Law

• EU law is characterized as supranational law, meaning it transcends national laws.

Gebhard Case

• Introduced the four criteria test to assess the freedom of establishment of natural persons within the EU.

Internal Market Legal Sources

• Rules governing the internal market are established by regulations, directives, and the Basic Freedoms outlined in the TFEU.

Cassis de Dijon Case

• Introduced justification by mandatory requirements of the public interest as a legal concept.

Shift of Powers to the EU

• Member States may transfer powers to the EU either deliberately due to political visions or in response to crises and citizens' actions before the ECJ.

Executive Power in the EU

• The Council of the European Union is part of the EU's executive branch.

Ordinary Legislative Procedure

• The European Parliament can suggest changes to legislation and collaborates as an equal partner with the Council of the European Union.

Basic Freedoms

• Basic Freedoms prohibit hindrances, including direct and indirect discrimination.

Democratic Deficit in EU Institutions

• The "one man one vote" principle is challenged, as larger member state voters have more influence compared to smaller states due to voting weight in the Council and Parliament.

Role of the Parliament in the EU

• The European Parliament is part of the legislative framework and has the authority to initiate legislation.

Areas of Exclusive EU Competence

• Competences monopolized by the EU include the internal market, external trade, and fisheries.

Preliminary Ruling Request

• National courts request preliminary rulings from the Court of the EU concerning EU law interpretation before resuming court proceedings.

Free Movement of Goods

• A Belgian consumer purchasing products in Portugal illustrates the principle of free movement of goods.

Treaty on European Union

• The Treaty on European Union was signed in 1992.

Definition of Regulation

• Regulations are secondary EU laws that are directly applicable across Member States.

Seats in the European Parliament

• Allocated based on a member state's population, ensuring larger states have more representation.

Launch of the European Single Market

• The European Single Market was officially launched in 1993.

Founding States of the European Economic Community

• Founding states included Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.

Spanish Tobacco Regulation

• Spanish law requiring retailers to source products from licensed state vendors may impede free movement of goods.

EU Institutions Preparedness Post-Lisbon Treaty

• A rotation system in the Commission was implemented to accommodate over 25 member states.

Primary EU Law

• Comprises the Treaty on European Union and the Treaty on the Functioning of the European Union.

Achievements of the Treaty of Maastricht

• Established the EU framework with three pillars, introduced EU citizenship, and implemented the principle of subsidiarity.

Schengen Area Details

• The Schengen Area allows for free movement without border checks but has exceptions; countries like the UK and Ireland are not part of it.

Free Movement of Workers

• A German engineer seeking employment in the Netherlands is an example of the free movement of workers.

European Coal and Steel Community

• The Community was integrated into the EU framework, ceasing to exist as a separate entity.

Dominance of EU Policy Areas

• EU dominance is primarily noted in areas such as competition, transport, and the environment.

EEA Definition

• EEA stands for European Economic Area.

van Duyn Case Rulings

• The ECJ affirmed that directives can be indirectly applicable if precise and past the implementation deadline.

Brexit Context

• Great Britain officially left the EU on February 29, 2020; Greenland previously left the EEC in 1985.

Right to Propose Legislation

• The Commission holds the right to propose new legislation which is then passed by the Council and Parliament.

Criteria for Supranationalism

• Supranationalism involves states transferring partial sovereignty, decisions made by majority, and the existence of independent institutions.

Foreign Policy Delegation

• Member States retain sovereignty over their foreign policy, coordinating efforts through the High Representative for Foreign Affairs.

Basic Freedoms Explained

• The Basic Freedoms include the free movement of goods, workers, services, establishment, and capital.

Legislative Process in the EU

• The legislative framework involves the Commission proposing laws and both the Council and Parliament passing them.

Elements of the 4-Criteria Test

• Elements include discrimination, mandatory requirements of public interest, proportionality, and necessity.

EU Language Context

• The EU has 24 official languages, including English, French, and German as procedural languages.

Vertical Direct Effect

• Vertical direct effect pertains to directives being enforceable by individuals against Member States in court.

Treaty of Lisbon Implementation

• The Treaty of Lisbon became effective in 2009.

Membership of the Council of the European Union

• Each Member State is represented by one delegate, typically a minister, in the Council.

Reducing the Democratic Deficit

• The Parliament's legislative power increased, enhancing its role to represent EU citizens and reducing the democratic deficit.### Belgian Sausage Regulation
• Belgian law mandates sausages to contain at least 97% meat.
• An English producer's sausages had only 25% meat, leading to prohibition of imports into Belgium.
• The case raised questions regarding the permissibility of this regulation under EU law.

ECJ Decision Factors

• Discriminating Hindrance (First Level): Justifed for public health and consumer protection, yet deemed unnecessary as an alternative information model exists.
• Indistinct Hindrance (Second Level): Also justified for public health and consumer protection; deemed adequate but not necessary due to less restrictive alternatives.
• Hindrance to Market Access (Third Level): Necessary for public health; however, the information model remains less restrictive, complicating adequacy.

Überseering Case

• Established proportionality test for freedom of establishment.
• Confirmed application of four criteria test for the free movement of workers.
• Market access test relevant to the free movement of services.
• Freedom of establishment criteria apply to companies.

Voting Rules in the Council of the European Union

• Qualified Majority: The common rule for votes concerning the Euro.

Buyer Rights Under Directive

• Directive mandates a two-year warranty for defective goods; national law only provides one year.
• Buyer options include:
  • Cannot sue after one year as the directive is not directly applicable post-deadline; may seek damages from the member state.
  • Can sue for warranties if the directive is deemed directly applicable post-deadline, while also pursuing damages against the member state.
  • Cannot sue for warranties as the directive is not applicable; no claim for damages against the member state.
  • Options include suing the member state or requesting warranties tied to the directive.

ECSC Definition

• ECSC stands for European Coal and Steel Community.

EFTA Status

• EFTA (European Free Trade Association) cooperates with the EU to form the EEA (European Economic Area).
• EFTA remains operational and is not dissolved.

Inspire Art Case Findings

• Member States cannot impose national company law on foreign companies from other Member States.
• The founding seat principle must be adhered to by Member States.
• Movement of administrative seats by domestic companies to other Member States cannot be hindered.
• Member States are required to apply the company seat principle.

EU Democratic Deficit

• Key examples include legislative power being transferred to the Council of Ministers, raising concerns about democratic accountability.

Uberseering Case

• The ECJ ruled that national courts must not apply the company seat principle.
• The company seat principle is deemed neither justifiable nor necessary as it could be achieved through less restrictive means.

Nature of EU Law

• EU law is characterized as supranational law, meaning it transcends national laws.

Gebhard Case

• Introduced the four criteria test to assess the freedom of establishment of natural persons within the EU.

Internal Market Legal Sources

• Rules governing the internal market are established by regulations, directives, and the Basic Freedoms outlined in the TFEU.

Cassis de Dijon Case

• Introduced justification by mandatory requirements of the public interest as a legal concept.

Shift of Powers to the EU

• Member States may transfer powers to the EU either deliberately due to political visions or in response to crises and citizens' actions before the ECJ.

Executive Power in the EU

• The Council of the European Union is part of the EU's executive branch.

Ordinary Legislative Procedure

• The European Parliament can suggest changes to legislation and collaborates as an equal partner with the Council of the European Union.

Basic Freedoms

• Basic Freedoms prohibit hindrances, including direct and indirect discrimination.

Democratic Deficit in EU Institutions

• The "one man one vote" principle is challenged, as larger member state voters have more influence compared to smaller states due to voting weight in the Council and Parliament.

Role of the Parliament in the EU

• The European Parliament is part of the legislative framework and has the authority to initiate legislation.

Areas of Exclusive EU Competence

• Competences monopolized by the EU include the internal market, external trade, and fisheries.

Preliminary Ruling Request

• National courts request preliminary rulings from the Court of the EU concerning EU law interpretation before resuming court proceedings.

Free Movement of Goods

• A Belgian consumer purchasing products in Portugal illustrates the principle of free movement of goods.

Treaty on European Union

• The Treaty on European Union was signed in 1992.

Definition of Regulation

• Regulations are secondary EU laws that are directly applicable across Member States.

Seats in the European Parliament

• Allocated based on a member state's population, ensuring larger states have more representation.

Launch of the European Single Market

• The European Single Market was officially launched in 1993.

Founding States of the European Economic Community

• Founding states included Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.

Spanish Tobacco Regulation

• Spanish law requiring retailers to source products from licensed state vendors may impede free movement of goods.

EU Institutions Preparedness Post-Lisbon Treaty

• A rotation system in the Commission was implemented to accommodate over 25 member states.

Primary EU Law

• Comprises the Treaty on European Union and the Treaty on the Functioning of the European Union.

Achievements of the Treaty of Maastricht

• Established the EU framework with three pillars, introduced EU citizenship, and implemented the principle of subsidiarity.

Schengen Area Details

• The Schengen Area allows for free movement without border checks but has exceptions; countries like the UK and Ireland are not part of it.

Free Movement of Workers

• A German engineer seeking employment in the Netherlands is an example of the free movement of workers.

European Coal and Steel Community

• The Community was integrated into the EU framework, ceasing to exist as a separate entity.

Dominance of EU Policy Areas

• EU dominance is primarily noted in areas such as competition, transport, and the environment.

EEA Definition

• EEA stands for European Economic Area.

van Duyn Case Rulings

• The ECJ affirmed that directives can be indirectly applicable if precise and past the implementation deadline.

Brexit Context

• Great Britain officially left the EU on February 29, 2020; Greenland previously left the EEC in 1985.

Right to Propose Legislation

• The Commission holds the right to propose new legislation which is then passed by the Council and Parliament.

Criteria for Supranationalism

• Supranationalism involves states transferring partial sovereignty, decisions made by majority, and the existence of independent institutions.

Foreign Policy Delegation

• Member States retain sovereignty over their foreign policy, coordinating efforts through the High Representative for Foreign Affairs.

Basic Freedoms Explained

• The Basic Freedoms include the free movement of goods, workers, services, establishment, and capital.

Legislative Process in the EU

• The legislative framework involves the Commission proposing laws and both the Council and Parliament passing them.

Elements of the 4-Criteria Test

• Elements include discrimination, mandatory requirements of public interest, proportionality, and necessity.

EU Language Context

• The EU has 24 official languages, including English, French, and German as procedural languages.

Vertical Direct Effect

• Vertical direct effect pertains to directives being enforceable by individuals against Member States in court.

Treaty of Lisbon Implementation

• The Treaty of Lisbon became effective in 2009.

Membership of the Council of the European Union

• Each Member State is represented by one delegate, typically a minister, in the Council.

Reducing the Democratic Deficit

• The Parliament's legislative power increased, enhancing its role to represent EU citizens and reducing the democratic deficit.### Belgian Sausage Regulation
• Belgian law mandates sausages to contain at least 97% meat.
• An English producer's sausages had only 25% meat, leading to prohibition of imports into Belgium.
• The case raised questions regarding the permissibility of this regulation under EU law.

ECJ Decision Factors

• Discriminating Hindrance (First Level): Justifed for public health and consumer protection, yet deemed unnecessary as an alternative information model exists.
• Indistinct Hindrance (Second Level): Also justified for public health and consumer protection; deemed adequate but not necessary due to less restrictive alternatives.
• Hindrance to Market Access (Third Level): Necessary for public health; however, the information model remains less restrictive, complicating adequacy.

Überseering Case

• Established proportionality test for freedom of establishment.
• Confirmed application of four criteria test for the free movement of workers.
• Market access test relevant to the free movement of services.
• Freedom of establishment criteria apply to companies.

Voting Rules in the Council of the European Union

• Qualified Majority: The common rule for votes concerning the Euro.

Buyer Rights Under Directive

• Directive mandates a two-year warranty for defective goods; national law only provides one year.
• Buyer options include:
  • Cannot sue after one year as the directive is not directly applicable post-deadline; may seek damages from the member state.
  • Can sue for warranties if the directive is deemed directly applicable post-deadline, while also pursuing damages against the member state.
  • Cannot sue for warranties as the directive is not applicable; no claim for damages against the member state.
  • Options include suing the member state or requesting warranties tied to the directive.

ECSC Definition

• ECSC stands for European Coal and Steel Community.

EFTA Status

• EFTA (European Free Trade Association) cooperates with the EU to form the EEA (European Economic Area).
• EFTA remains operational and is not dissolved.

Inspire Art Case Findings

• Member States cannot impose national company law on foreign companies from other Member States.
• The founding seat principle must be adhered to by Member States.
• Movement of administrative seats by domestic companies to other Member States cannot be hindered.
• Member States are required to apply the company seat principle.

EU Democratic Deficit

• Key examples include legislative power being transferred to the Council of Ministers, raising concerns about democratic accountability.

This quiz explores significant legal cases within EU law, including the Uberseering and Gebhard cases. It covers the nature of EU law, the internal market legal sources, and the shift of powers to the EU. Test your knowledge on how these principles shape the legal landscape in Europe.