Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

More documents

Recommendations

Info

61997J0319 European Court reports 1999 Page I-03143 1 Judgment of the Court of 1 June 1999 Criminal proceedings against Antoine Kortas. Reference for a preliminary ruling: Landskrona tingsrätt - Sweden. Article 100a(4) of the EC Treaty (now, after amendment, Article 95(4) to (9) EC - Directive 94/36/EC on colours for use in foodstuffs - Notification of national legislation derogating therefrom - No confirmation from the Commission - Effect. Case C-319/97. 1 Acts of the institutions - Directives - Direct effect - Conditions - Legal basis of the directive - Irrelevant (EC Treaty, Art. 100a (now, after amendment, Art. 95 EC)) 2 Acts of the institutions - Directives - Direct effect - Conditions - Notification of a Member State in accordance with Article 100a(4) of the Treaty (now, after amendment, Article 95(4) to (9) EC) - Irrelevant - No confirmation by the Commission - No effect (EC Treaty, Art. 100a(4) (now, after amendment, Art. 95(4) to (9) EC)) 1 A directive can have direct effect even though its legal basis is Article 100a of the EC Treaty (now, after amendment, Article 95 EC) and Article 100a(4) allows Member States to request a derogation from the implementation of that directive. The general potential of a directive to have direct effect is wholly unrelated to its legal basis, depending instead on its intrinsic characteristics. 2 The direct effect of a directive, where the deadline for its transposition into national law has expired, is not affected by the notification made by a Member State pursuant to Article 100a(4) of the Treaty (now, after amendment, Article 95(4) to (9) EC) seeking confirmation of provisions of national law derogating from the directive, even where the Commission fails to respond to that notification. The aim of the procedure under Article 100a(4) of the Treaty is to ensure that no Member State applies national rules derogating from the harmonised legislation without obtaining due confirmation from the Commission. Article 100a(4) is silent as to the time within which the Commission must adopt a position with regard to provisions of national law which have been notified. However, that does not absolve the Commission from the obligation to act with all due diligence in discharging its responsibilities. Accordingly, although failure on the part of the Commission to act with due diligence following a notification effected by a Member State under Article 100a(4) may therefore constitute a failure to fulfil its obligations, it cannot affect full application of the directive concerned. In Case C-319/97, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Landskrona Tingsrätt, Sweden, for a preliminary ruling in the criminal proceedings before that court against Antoine Kortas on the interpretation of Article 100a(4) of the EC Treaty (now, after amendment, Article 95(4) to (9) EC) and European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (OJ 1994 L 237, p. 13), THE COURT, composed of: G.C. Rodríguez Iglesias, President, P.J.G. Kapteyn, G. Hirsch and P. Jann (Rapporteur), Presidents of Chambers, G.F. Mancini, J.C. Moitinho de Almeida, D.A.O. Edward, H. Ragnemalm © An extract from a JUSTIS database 282
61997J0319 European Court reports 1999 Page I-03143 2 and M. Wathelet, Judges, Advocate General: A. Saggio, Registrar: H. von Holstein, Deputy Registrar, after considering the written observations submitted on behalf of: - Mr Kortas, by Carl Michael von Quitzow and Alexander Broch, Rättegångsombud, - the Swedish Government, by Lotty Nordling, Rättschef in the Foreign Trade Department of the Ministry of Foreign Affairs, acting as Agent, - the Danish Government, by Jørgen Molde, Head of Division in the Ministry of Foreign Affairs, acting as Agent, - the French Government, by Kareen Rispal-Bellanger, Head of the Subdirectorate for International Economic Law and Community Law in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and Régine Loosli-Surrans, chargé de mission in the same Directorate, acting as Agents, - the Netherlands Government, by Professor J.G. Lammers, acting as Agent, - the Austrian Government, by Christine Stix-Hackl, Gesandte in the Federal Ministry of Foreign Affairs, acting as Agent, - the Commission of the European Communities, by Lena Ström, of its Legal Service, acting as Agent, having regard to the Report for the Hearing, after hearing the oral observations of Mr Kortas, represented by Carl Michael von Quitzow and Alexander Broch; the Swedish Government, represented by Lotty Nordling and Inge Simfors, Hovrättsassessor in the Foreign Trade Department of the Ministry of Foreign Affairs, acting as Agent; the French Government, represented by Régine Loosli-Surrans; the Netherlands Government, represented by Marc Fiersta, Deputy Legal Adviser in the Ministry of Foreign Affairs, acting as Agent; the Finnish Government, represented by Tuula Pynnä, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent; and the Commission, represented by Lena Ström, at the hearing on 16 September 1998, after hearing the Opinion of the Advocate General at the sitting on 28 January 1999, gives the following Judgment Costs 39 The costs incurred by the Swedish, Danish, French, Netherlands, Austrian and Finnish Governments and the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the proceedings pending before the national court, the decision on costs is a matter for that court. On those grounds, THE COURT, in answer to the questions referred to it by the Landskrona Tingsrätt by order of 6 August 1997, hereby rules: 1. A directive can have direct effect even though its legal basis is Article 100a of the EC Treaty © An extract from a JUSTIS database 283
Page 1 and 2:
Master’s Program 2004/2005 Techni
Page 3 and 4:
Alberta iela 13 LV-1010 Riga Latvia
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Session no. 18-21 16-21 Monday 19 S
Page 11 and 12:
61984J0178 European Court reports 1
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232: 61997J0061 European Court reports 1
Page 281: 61997J0346 European Court reports 1
Page 289: 61997J0319 European Court reports 1
show all

Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

Create successful ePaper yourself

Delete template?

Save as template?