Cases Flashcards
Customs Dispute between Netherlands and Germany, happened before the Dutch Customs Authorities, went through the Dutch court. The Dutch court asked itself a question whether there was a provision in the EEC Treaty, offered the Court an opportunity to proclaim the doctrine of the vertical direct effect of EU law within the legal orders of the Member States
Van Gend & Loos
Established the principle that, in essence, products sold lawfully in one Member State may not be prohibited from sale in another; created the “country of origin” principle
Cassis de Dijon/Rewe-Zentral AG v Federal Monopoly Administration for Spirits
concerned an Italian nationalisation law, which created a national electricity enterprise – ‘Enel’ –transferring all existing electricity enterprises operating in Italy to it, upon compensation (‘Enel Law’); established
Costa v. ENEL
Defined very broadly
the restrictions on the free movement of goods: Any (non-discriminatory) rule of the Member States, “which is appropriate, to directly or indirectly hinder trade within the community concretely or, potentially”, is classified as a “measure having the same effect” as the prohibition of restriction on import freedom
Dassonville
The case highlighted the concept of persistent objection, where a state can block the formation of customary law by consistently objecting to a practice. The UK’s claim of ignorance regarding Norway’s longstanding practice was deemed insufficient to negate Norway’s rights.
North Sea Continental Shelf Case - The Fisheries Case (1951)
it reinforced the principle of non-intervention and the prohibition of the use of force in international relations, as well as the high standard of proof for attribution of actions to a state
Nicaragua v. US
In this particular case, it was decided that a regional custom did not exist. However, this set a precedent for the existence of Regional Custom
Columbia/Peru Asylum Case
The Court distinguished between internal self-determination (autonomy within a state) and external self-determination (secession), establishing the circumstances under which secession is permissable.
The Quebec Secession Reference (1998)
Showed that a treaty can be meeting minutes, or even a letter, if there is an intent to be bound
Maritime Delimitation and Territorial Questions between Qatar and Bahrain
The Court found that the capture was unlawful, citing historical practices and treaties that exempted fishing vessels from seizure during wartime. This case illustrated the methodology for identifying customary international law through established practices and opinio juris
The Paquete Habana Case (1900) Cuba v. US
The ICJ interpreted the statements made by French officials as promises, suggesting that France intended to be bound by them. This case illustrated how unilateral declarations can create binding obligations under international law, even in the absence of a formal treaty.
Nuclear Tests Cases (1974)
The court found that domestic courts could not bring suit against a state due to the jurisdictional immunities of the state
Germany v. Italy: Greece Intervening
Established legal principal stating that sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition.
The Lotus Case (1926)
The Court of Justice held that the plaintiff had no standing for judicial review of the Commission decision because the firm was not “individually concerned”; natural and legal persons need to show direct and
individual concern
Plaumann v. Commission
The ECJ found that in the preliminary ruling procedure, liability would arise for national courts only ‘in the exceptional case where the court has manifestly infringed the applicable law’. A deliberate refusal to follow EU law would result in liability.
Köbler v Austria
The ECJ held that the national court had a duty to give full effect to Community provisions, even if a conflicting national law was adopted later. The ECJ concluded by formulating a new principle, namely that national courts have an obligation to “set aside” all statutes conflicting with EU law.
Simmenthal II
