Cases and Materials on European Union Law

by Jarvis, Robert M.

• ISBN13: 9780314238139
• ISBN10: 0314238131
• Edition: 2nd
• Format: Hardcover
• Copyright: 2002-05-01
• Publisher: West Academic

Summary

Substantive law is divided into four sections: (a) the four freedoms of movement of persons, goods, services, and capital; (b) all aspects of competition policy; (c) external relations; and (d) specific community policies such as agriculture and social policy. Up-to-date and includes references to the controversial and little-understood principle of subsidiarity and to other changes proposed in the Maastricht Treaty. Each subject contains a valuable and concise introduction followed by the cases. Each case contains a summary of the issues or facts followed by extracts from the judgment and questions, comments, and cross-references including comparative law comments.

Table of Contents

Preface	v
Foreword	xi
Acknowledgments to the First Edition	xiii
Acknowledgments to the Second Edition	xv
Legal Sources and Citation Forms	xvii
Table of Community Cases in the European Court of Justice	li
Table of Community Cases in the Court of First Instance	lxix
Table of National Court Cases	lxxi
Table of European Commission Decisions	lxxix
PART I. THE EUROPEAN COMMUNITY AND EUROPEAN UNION: LEGAL AND INSTITUTIONAL FRAMEWORK
The History of the European Community and the European Union	3	(25)
The Postwar Movement Toward European Unification	4	(1)
The European Coal and Steel Community and Later Community Efforts	5	(1)
The European Economic Community and Euratom	6	(1)
The European Economic Community Program: 1958-1985	7	(3)
The Evolution of Community Structure: 1958-1985	10	(4)
The Maastricht Treaty and the European Union	14	(6)
Enlargement Prospects and the Treaties of Amsterdam and Nice	20	(8)
The Treaties and the Institutions	28	(47)
The Treaty Framework of the European Community and the European Union	28	(5)
The Institutions	33	(42)
Community Legislation and the Legislative Process	75	(29)
Forms of Community Action	75	(7)
The Legislative Process of the Community	82	(18)
Community Finances and the Budget	100	(4)
The Sphere of Community Law and Policy	104	(25)
Implied Powers	106	(5)
Internal Affairs	111	(4)
Preemption of Member State Law	115	(5)
The Subsidiarity Principle	120	(5)
Flexibility and ``Closer Cooperation''	125	(4)
Judicial Review of Community Acts	129	(74)
The Action for Annulment (Articles 230 and 231)	129	(19)
Complaint for Failure to Act (Article 232)	148	(5)
The Plea of Illegality (Article 241)	153	(2)
The Scope of Judicial Review	155	(37)
Damage Actions Against the Community	192	(11)
Fundamental Rights, Human Rights and Transparency	203	(35)
The European Court of Justice: Origins of the Human Rights Discussion	205	(3)
The European Convention for the Protection of Human Rights and Fundamental Freedoms	208	(12)
Fundamental Rights and the Amsterdam Treaty	220	(2)
The Charter of Fundamental Rights: A New Human Rights Regime?	222	(4)
Transparency as a Fundamental Right: The Community's ``Access to Documents'' Policy	226	(12)
The Relationship Between Community and Member State Law	238	(44)
The Direct Effects Doctrine in Community Law	238	(31)
The Doctrine of Supremacy of Community Law	269	(13)
PART II. THE R.ECEPTION AND ENFORCEMENT OF EUROPEAN LAW IN THE MEMBER STATES
The Reception of Community Law in the Member States	282	(70)
Community Law in France	284	(8)
Community Law in the Netherlands, Belgium and Luxembourg	292	(5)
Community Law in Germany	297	(27)
Community Law in Italy	324	(2)
Community Law in Denmark	326	(4)
Community Law in Ireland	330	(6)
Community Law in the United Kingdom	336	(8)
Community Law in Greece, Spain and Portugal	344	(5)
Community Law in Austria, Finland and Sweden	349	(3)
The Preliminary Reference	352	(33)
The Reference Procedure	353	(6)
Framing the Reference and the Ruling	359	(7)
What is an Article 234 ``Court or Tribunal''?	366	(4)
Discretionary and Mandatory References	370	(1)
When Should a Court Refer a Question?	371	(9)
The Appealability of Preliminary References and Refusals to Refer	380	(5)
National Remedies for the Enforcement of Community Law Claims	385	(38)
The Adequacy of National Remedies	387	(17)
Damages for Member State Violations of EC Law	404	(19)
Enforcement Proceedings Against the Member States	423	(29)
The Article 226 Procedure	424	(4)
Excuses for Member State Noncompliance	428	(13)
Article 226 Rulings and Their Effect	441	(7)
Member State Enforcement Actions Against Other Member States	448	(4)
PART III. THE COMMON MARKET, THE INTERNAL MARKET AND THE FOUR, FREEDOMS
Free Movement of Goods: Duties, Charges, Internal Taxes	452	(23)
Customs Duties and Charges Having Equivalent Effect	453	(5)
Discriminatory or Protective Internal Taxation	458	(17)
Free Movement of Goods: Quantitative Restrictions	475	(61)
Article 28: Quantitative Restrictions and Measures Having Equivalent Effect	477	(11)
Article 30: Treaty-Based Limitations on Article 28	488	(20)
The Court's Elaboration of Free Movement of Goods Principles	508	(28)
The Common Market, The Internal Market and Harmonization of Laws	536	(39)
The Common Market and Harmonization of Laws	536	(4)
Completion of the Internal Market	540	(9)
Application of Harmonization Directives: Issues of Interpretation and Preemption	549	(18)
The ``New Approach'' to Technical Harmonization	567	(8)
Free Movement of Workers	575	(55)
The Treaty and Basic Legislation	576	(4)
Rights of the Migrant Worker, Spouse and Family	580	(23)
Article 39's Exceptions to Free Movement	603	(12)
Who is a Worker, Spouse or Family Member?	615	(11)
The Issue of Reverse Discrimination	626	(4)
European Citizenship and the Free Movement of Persons	630	(23)
The People's Europe	630	(3)
European Citizenship	633	(4)
Students, Education and Culture	637	(9)
Free Movement and Border Controls	646	(3)
Toward An Area of ``Freedom, Security and Justice''	649	(4)
Right of Establishment and Right to Provide Services	653	(60)
Treaty Provisions and Legislative Programs	654	(8)
Case Law on Freedom to Provide Services	662	(29)
Case Law on the Right of Establishment for Individuals and Commercial Firms	691	(11)
Company Law Harmonization	702	(11)
Rights of Practice for Lawyers and Other Professionals	713	(31)
Treaty Provisions and Legislative Measures	713	(8)
Lawyers' Right to Provide Services	721	(10)
Lawyers' Right of Establishment	731	(13)
Industrial and Commercial Property Rights	744	(40)
Determination of Rights Qualifying Under Article 30	745	(4)
Designations of Origin and Generic Product Names	749	(5)
Scope and Protection of Industrial and Commercial Property Rights	754	(2)
Exhaustion of Rights Doctrine	756	(14)
Toward Community-Wide Industrial and Commercial Property Rights	770	(14)
PART IV. COMPETITION POLICY
Competition Policy and the Single Market	784	(16)
The Objectives of Community Competition Policy	784	(4)
Introduction to Articles 81 and 82 and the Implementing Regulation	788	(2)
Market Integration and the Blockage of Imports	790	(10)
Cartels	800	(32)
Introduction	800	(1)
Cartels and the Economics of Competition	801	(4)
Proof of Cartels	805	(15)
May Cartels be Justified?-Crisis Cartels	820	(5)
World Cartels and Offshore Cartels-Jurisdiction, Comity, and Cooperation	825	(7)
Abuse of a Dominant Position	832	(45)
The Treaty	832	(1)
Dominance	833	(3)
Market Definition	836	(5)
Abusive Conduct	841	(36)
Horizontal Restraints Under Article 81	877	(31)
Agreements Among Competitors-General	877	(2)
Joint Buying and Selling	879	(5)
Joint Ventures and Strategic Alliances	884	(7)
Data Exchanges	891	(2)
Innovation and Competitiveness	893	(2)
The Environment and Competitiveness	895	(4)
Labor	899	(3)
Block Exemptions	902	(3)
Guidelines	905	(3)
Vertical Restraints Under Article 81	908	(33)
Vertical Restraints and Their Effects	908	(1)
Parallel Imports and Exports	909	(7)
Exclusive Purchasing, Tying and Related Foreclosures	916	(8)
Selective Distribution	924	(5)
Franchising	929	(4)
Block Exemptions and Reform	933	(8)
Merger Control	941	(50)
Introduction	941	(1)
The Merger Regulation	942	(3)
The Economics of Merger Analysis	945	(4)
Substantive Law Under the Merger Regulation	949	(38)
The International Dimension	987	(4)
Public Enterprises, State Action and Competition Policy	991	(32)
Introduction	991	(1)
State Monopolies of a Commercial Character-Application of Articles 28 and 31	991	(6)
Exclusive Privileges-Article 86 (ex 90)	997	(10)
State Measures-Articles 3, 10, 81, 82	1007	(7)
State Aids	1014	(9)
PART V. EXTERNAL RELATIONS AND COMMERCIAL POLICY
The External Relations Powers of the European Community	1023	(32)
The EC Treaty Provisions on External Relations	1023	(5)
The Court of Justice and the Community's Powers in External Relations	1028	(13)
International Agreements in Community Law	1041	(7)
European Political Cooperation and the Common Foreign and Security Policy	1048	(7)
The Common Commercial Policy: Preferential Arrangements and Accession Negotiations	1055	(18)
The EC and Europe	1055	(15)
The EC and the Developing World	1070	(3)
The Common Commercial Policy: The EC in the WTO	1073	(29)
The World Trade Organization	1073	(10)
The Court of Justice and the WTO Agreement	1083	(12)
The EC and the US	1095	(7)
The Community Customs Code	1102	(24)
Introduction	1102	(1)
Classification of Goods	1103	(9)
Valuation of Goods	1112	(3)
Origin of Goods	1115	(7)
Import Measures	1122	(2)
Export Arrangements	1124	(1)
Other Customs Rules	1125	(1)
EC Remedies for Unfair International Trade Practices	1126	(46)
Regulation of Dumped Imports	1127	(32)
Regulation of Subsidized Imports	1159	(10)
The Trade Barriers Regulation	1169	(3)
PART VI. FREE MOVEMENT OF CAPITAL AND ECONOMIC AND MONETARY UNION
Free Movement of Capital and the Integrated Financial Market	1172	(33)
Initial Developments	1172	(3)
Success in Achieving Free Movement of Capital	1175	(11)
The Integrated Financial Market	1186	(19)
Economic and Monetary Union	1205	(36)
The Goals and Benefits of Economic and Monetary Union	1206	(2)
The Initial Stages	1208	(6)
The Second Stage: 1894-98	1214	(5)
Commencing the Final Stage of EMU	1219	(4)
The European Central Bank	1223	(9)
The Coming of the Euro	1232	(9)
PART VII. SPECIFIC COMMUNITY POLICIES
Environmental Protection	1241	(30)
The Environment in the EC Treaty	1241	(11)
Community Environmental Legislation and Activities	1252	(7)
Member State Regulation of the Environment	1259	(12)
Consumer Protection	1271	(24)
The Legal Basis for Community Consumer Protection Activities	1271	(1)
Overview of Community Consumer Protection Activities	1272	(5)
Community Consumer Advertising Rules	1277	(5)
Protection of Economic Interests: Unfair Contract Terms	1282	(7)
The Products Liability Directive	1289	(6)
Social Policy	1295	(38)
Treaty Provisions, the Social Charter and Social Action Programs	1295	(6)
The 1974 Social Action Program: Legislation and Case Law	1301	(19)
Worker Health and Safety Legislation	1320	(6)
Social Action Legislation in the 1990s	1326	(7)
Equal Rights	1333	(47)
Treaty Articles and Basic Concepts	1333	(2)
Equal Pay for Women and Men	1335	(11)
Equal Treatment for Women and Men	1346	(23)
Discrimination on Grounds other than Gender	1369	(2)
Social Security, Pensions and Pensionable Age	1371	(9)
Jurisdiction and Judgments in Civil and Commercial Litigation	1380	(41)
The Brussels Convention: An Overview	1380	(3)
From Convention to Regulation	1383	(2)
Jurisdiction Under the Brussels Convention	1385	(24)
Recognition and Enforcement of Judgments	1409	(7)
The Matrimonial Jurisdiction and Judgments Convention	1416	(1)
The Insolvency Proceedings Regulation	1416	(2)
New Legal Instruments on Cooperation in Civil Justice	1418	(3)
Index	1421