Level 76
Level 77

Court of Justice & the European Legal System

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The Van Gend & Loos Case 1963
ONLY the courts of member states hear direct actions between people and the state.
Court of Justice
The Court = 28 Justices + 8 Advocates General.
relevant minister of ms holding presidency for that 6 month term
Types of Cases heard
Refrences for preliminary Rulings - interpreting EU law for member states - most important
Direct Actions
Failure to fulfil an obligation (France has not made a law yet), Proceedings for annulment (overturning a law), Actions for damages (EU flooded my farm), Direct actions can only be brought by member state or an EU institution
Process at the Court of Justice
Filings and Interventions (most important) - written statements
Chambers of the Court of Justice
A chamber is a subset of 3, 5, or 15 (grand chamber) who rule on the case on behalf of the court. The decision of a Chamber is the decision of the Court. The C…
Microsoft v. Commission
Microsoft bundled software and didn't share its source code. Commission received complaint from Real Player and ended fining Microsoft who fought every step of the way and had to turn over their intellectual property.
General Court - Types of Cases Heard
direct actions brought by individuals or legal persons against the EU institutions
Differences between the Courts
Microsoft goes to general
How does the ECJ decide a case?
Primary law = Constitutional Law = The Treaties
Significance of the Court
uniform application of law
Ven Gend
Principle of Direct effect - Laws pass immediately into national law.
Costa v. Engel
EU has Primacy over member state law which become null and void
Barbra v. Gaurdian 1990
Courts interpreted treaties to extend rights to citizens
At the end of the day...
These principles are what make the EU supranational. The Aquis adds them. Their own Judiciary tells member countries what to do.
Level 78