EUROPE: Important reported ECJ decisions
01 November 1996
As Community law now stands, the Community has no competence to accede to the European Convention on Human Rights: Opinion 2/94, OJ C/80 22.6.96.
A member state must have the opportunity to comment before a final decision to reduce the European Social Fund assistance for vocational training programme, whether on the principle of reduction or the amount. Non-observance renders the decision void: Societe v Commission T-432-4/93, 1995 II-503.
There is no requirement of formal, express, specific legislation to transpose Community directives, provided the general legal context guarantees the full application of the directive sufficiently clearly and precisely so that individuals can ascertain the full extent of their rights and rely on them in the national courts. Only when the Member State has failed to take the implementation measures required will the court recognise the right of affected persons to rely on the directive against the defaulting Member State. Commission v Germany, C-433/93, 1995 I-2303.
Member States are obliged to make good the loss and damage to individuals caused by breaches of Community law for which they can be held responsible. The right to reparation is a necessary corollary of the direct effect of community provisions whose breach caused the damage. R v Secretary of State for Transport ex parte Factortame, C-48/93.
In civil cases, national courts are not required to set aside their own rules in favour of special rules for those involving Community law: van Schijndel and van Keen v SPF, C-430/93, 1995 I-4705. But national procedural rules safeguarding Community rights must not be less favourable than those governing domestic actions, or render excessively difficult the exercise of community rights, nor should the rules prevent the national court from considering whether domestic law was compatible with Community law: Referbroeck v Belgium, C-312/93, 1995 I-4599.
A Member State cannot expel on public policy, national security or public health grounds (except in urgent cases) before a competent authority (judicial or administrative) has given its opinion on the proposed expulsion, but the "competent authority" can be appointed by the expelling body, as long as in practice it or he is independent: R v Secretary of State for Home Department ex parte Gallagher, C-175/94, 1995 I-4253.
The retention of laws and regulations restricting the right to register vessels and fly the national flag to vessels at least half-owned by nationals, violates the free movement provisions of the Treaty: Commission v France, C-334/94.
The Treaty's free movement provisions prevent sporting associations from laying down rules limiting the number of foreign professional football players in a team: Union Royale Belge des Societes de Football Association v Bosman, C-415/93.
An application by the Netherlands, supported by the European Parliament, for annulment of a Council decision of 1993 on public access to Council documents, was dismissed. Kingdom of Netherlands v Council, C-58/94, 30.4.96.