Case summaries

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  • C-149-96 Portugal v Council Case C-149/96 Portugal v Council [1999] Facts: Portugal brought and action for the annulment of the Council Decision concerning the conclusion of Memoranda of Understanding between the EU and Pakistan and India, on arrangements in the area of market access for textile products. Portugal claimed that the Decision constituted a breach of certain rules and…
  • C-15-74 Centrafarm 1974 Case C-15/74 Centrafarm [1974] Facts: Sterling Drug was the titular holder of national patents relating to the preparation of a medicament in several countries, including the Netherlands and Great Britain. Centrafarm imported these products without agreement of Sterling Drug from England and Germany, where they had been put onto the market in a regular manner…
  • C-15-74 Centrafarm 1974 Case C-15/74 Centrafarm [1974] Facts: Sterling Drug was the titular holder of national patents relating to the preparation of a medicament in several countries, including the Netherlands and Great Britain. Centrafarm imported these products without agreement of Sterling Drug from England and Germany, where they had been put onto the market in a regular manner…
  • C-178-84 Commission v Germany – Beer Purity Case C-178/84 Commission v Germany (Beer Purity) [1987] Facts: The Commission brought an action under Article 169 of the EEC Treaty for a declaration that, by prohibiting the marketing of beers lawfully manufactured and marketed in another Member State if they did not comply with the requirements of the German Law on beer duty, Germany…
  • C-18-87 Commission v Germany Case C-18/87 Commission v Germany [1988] Facts: The Commission brought an action under Article 169 of the EEC Treaty for a declaration that Germany had failed to fulfil its obligations under Articles 9 and 12 of the EEC Treaty, as some authorities charged a fee on the importation of live animals from other Member States…
  • C-213-89 Factortame Chapter: 11. Judical Powers II: National Procedures Case C-213/89 Factortame [1990] Facts: The United Kingdom enacted an Act according to which vessels should be British-owned in order to be eligible to be registered and to enjoy British fishing quotas. Factortame and other companies, incorporated under the laws of the United Kingdom but with Spanish directors and shareholders, challenged its compatibility with Community…
  • C-224-01 Kobler Case C-224/01 Kobler [2003] Facts: An Austrian Law provided for a salary increase to professors who had completed 15 years of service in Austrian institutions. Mr Kobler’s application was denied because his 15 years of service also included positions in universities in other Member States. The dispute reached the Supreme Administrative Court of Austria, which…
  • C-231-96 Edis Case C-231/96 Edis [1998] Facts: In a non-related case, the Court had held that the Directive concerning indirect taxes on the raising of capital was to be interpreted as prohibiting annual charges due in respect of the registration of companies. The company, Edis, sought an injunction for the refund of the sum of Italian registration…
  • C-234-89 Delimitis Case C-234/89 Delimitis [1991] Facts: The brewery Henninger let to Mr Delimitis a pub, requiring him to obtain a minimum amount of beer from Henninger and soft drinks from their subsidiaries, otherwise requiring him to pay a penalty. The contract was terminated, for health reasons. Mr Delimitis challenged the amount deducted for the penalty from…
  • C-24-68 Commission v Italy – Statistical Levy Case C--24/68 Commission v Italy (Statistical Levy) [1969] Facts: After the entry into force of the EEC Treaty, Italy continued to levy on goods imported and exported a “statistical levy”. Italy argued that it was not fiscal charge by its nature, it was too insignificant in amount to disturb the market and its aim was…
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