European Economic Community-The Grundig-Consten Case, a Landmark Decision of the European Court of Justice on Common Market Antitrust Law

1966 ◽  
Vol 15 (4) ◽  
pp. 811
Author(s):  
Ernst Steindorff ◽  
Klaus Hopt
Keyword(s):  
European Economic Community ◽  
Common Market ◽  
European Court Of Justice ◽  
Antitrust Law ◽  
Economic Community ◽  
European Economic ◽  
Court Of Justice ◽  
European Court

scholarly journals Euratom, the European Court of Justice, and the Limits of Nuclear Integration in Europe

2011 ◽  
Vol 12 (8) ◽  
pp. 1637-1659 ◽  
Author(s):  
Sebastian Wolf
Keyword(s):  
European Integration ◽  
Energy Supply ◽  
Nuclear Energy ◽  
European Economic Community ◽  
Point Of View ◽  
European Court Of Justice ◽  
Economic Community ◽  
Court Of Justice ◽  
European Court ◽  
Energy Community

Only a few European integration experts know that Jean Monnet, one of the masterminds of the European Coal and Steel Community, strongly preferred the European Atomic Energy Community to the European Economic Community in the 1950s and 1960s. From his point of view, sectoral and technical cooperation in the field of nuclear energy seemed to be much more promising in order to foster European integration than cross-sectoral economic integration. Monnet and others believed that nuclear energy could, inter alia, solve all energy supply problems, would revolutionize research and technical development, and could contribute to unifying the peoples of Europe in a few decades. However, nuclear energy in general and Euratom in particular have belied these expectations.

European Communities

1959 ◽  
Vol 13 (2) ◽  
pp. 335-341
Keyword(s):  
European Economic Community ◽  
Atomic Energy ◽  
Common Market ◽  
The Other ◽  
Consultative Committee ◽  
Economic Community ◽  
European Economic ◽  
Court Of Justice ◽  
The Common ◽  
Energy Community

By the Rome treaties of March 25, 1957, which established the European Economic Community (EEC or common market) and the European Atomic Energy Community (Euratom), five major institutions were created to serve the Communities. Three of these organs, the Assembly, the Court of Justice, and the Economic and Social Committee, were to be the same for both Communities, under the conditions respectively laid down in the two treaties, while the other two institutions, the Council and the Commission, were to remain separate. According to the Convention which dealt with the institutions common to the Communities, the Assembly was to replace the Common Assembly of the European Coal and Steel Community (ECSC), and the Court of Justice was to replace the Court provided for in the treaty establishing ECSC. The Economic and Social Committee was to serve only EEC and Euratom since ECSC was already served by a comparable body, the Consultative Committee.

Quot judices tot sententiae: A study of the English reaction to continental interpretive techniques

Legal Studies ◽  
1981 ◽  
Vol 1 (2) ◽  
pp. 165-189 ◽  
Author(s):  
Shael Herman
Keyword(s):  
European Commission ◽  
European Economic Community ◽  
Legal Services ◽  
Economic Community ◽  
European Economic ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Substantive Law ◽  
Recent Editorial

When the United Kingdom joined the European Economic Community in 1973, the English bench and bar must have perceived only dimly the challenges before them. Like contemporary descendants of Noah, they dropped into a Babel of languages and legal terms indispensable to the operation of the European Commission and the Court of Justice. Membership in the European Economic Community entailed the substantive harmonisation of English laws with those of other member states, and England's common law tradition could not have made the process easy. But the scope of the harmonisation task reached beyond substantive law to deeply rooted judicial attitudes toward the role of legislation and techniques of interpretation. In a recent editorial, Dr C. D. Ehlermann, Director of Legal Services for the European Commission, offered reasons for the English judiciary's potential resistance towards harmonisation of interpretative techniques.

Ne Bis Interpretatio In Idem?The Two Faces of theNe Bis In IdemPrinciple in the Case Law of the European Court of Justice

2017 ◽  
Vol 18 (1) ◽  
pp. 39-58 ◽  
Author(s):  
Alessandro Rosanò
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Court Of Justice ◽  
Antitrust Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
Regional Custom

The meaning ofidemin thene bis in idemprinciple is controversial in the case law of the Court of Justice of the European Union. In interpreting the provision of Article 54 of the Convention Implementing the Schengen Agreement, the court has emphasized the necessary requirement in the identity of the material acts while in antitrust law three requirements have been deemed necessary: (1) Identity of the facts, (2) unity of offender, and (3) unity of the legal interest protected. Despite the opinions of some Advocates General, the court has confirmed different interpretations of the same principle, depending on differences of the legal scope in question. A few years ago, however, the European Court of Human Rights proclaimed the criterion based on the identity of the material acts as the most suitable. This might push the Court of Justice of the European Union to correct its position in the antitrust field. Should this happen, this adjustment might serve as grounds to recognize the existence of a regional custom concerning thene bis in idemprinciple.

The Common Market and Conservative Party politics, 1961–2

1967 ◽  
Vol 2 (3) ◽  
pp. 372-386 ◽  
Author(s):  
Ronald Butt
Keyword(s):  
European Economic Community ◽  
Domestic Politics ◽  
Conservative Party ◽  
Common Market ◽  
British Politics ◽  
Economic Community ◽  
European Economic ◽  
The Third ◽  
Marginal Part ◽  
The Common

The Common Market as an issue in domestic British politics under the Macmillan government – and distinct from the negotiations, as such, with the European Economic Community – can be considered under three broad heads. First, there is the question how the decision to seek entry for Britain was taken. How far was it a political decision; how far was it motivated by the views of civil servants; how far was it prompted by interest groups in industry and finance ? Secondly, how did the Conservative Party become converted to the idea of British membership of the European Economic Community and how significant was the opposition to the idea that developed in the party ? The third question is what effect, if any, did domestic political opposition to the Common Market have on the French President's eventual veto of the project ?Except by implication, the third question is excluded from consideration here. Only a close student of French domestic politics is competent to evaluate how far, if at all, the hostility to the European idea in a section of the Conservative Party and the official objections of the Labour Party to British membership of EEC on any terms that then seemed negotiable, made it easier for the French President to impose his final veto. Conceivably, the possibility that a successor labour government might disown any treaty that the conservatives had signed may have played a marginal part in assisting the President's attitude in the final stages.

scholarly journals The Nordea Bank Denmark Case (C-48/13)

2014 ◽  
Vol 2014 (2) ◽  
pp. 231-242
Author(s):  
Anders Nørgaard Laursen
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Tax Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Court Of Justice ◽  
Economic Area ◽  
European Court

Abstract This paper reports on an investigation of a recent decision by the European Court of Justice (ECJ) in case C-48/13, Nordea Bank Denmark, concerning the Danish rules for reincorporation of losses from permanent establishments situated in European Union/ European Economic Area (EU/EEA) member states other than Denmark. The article includes comments on various EU tax law aspects of the case - namely the restriction test applied by the ECJ, the justifications brought forward by the intervening governments and the question of proportionality - and examines the consequences of the Danish tax law going forward.

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