The Hague,
Netherlands
Best Beer Ltd.
England
United Kingdom
4th March 2011
RE: Potential actions for annulment concerning Best Beer Ltd. imports
Dear CEO of Best Beer Ltd,
The following letter addresses your query regarding actions for annulment in the General Court (GC) as regards to the decision of the Commission to restrict the import of beer to only 10,000 litres per month. Immediately, it is important that the locus standi of a non – privileged applicant, the company has restricted access to courts. However, under Article 263 (4) in the Treaty of the Functioning of the European Union (TFEU) there are three situations in which you are able to bring your action before a judicial review.
Firstly, as Beer Best applied
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This is similar to the Piraiki-Patraiki v Commission case in which “authorisation of a the Hellenic Republic addressed to a member state and authorized it to impose a system of quotes on imports from Greece may be of direct concern to Greek exporters where there can be no doubt as to the intention of the authorities of the Member States granted the authorization.”
Additionally, in regards to direct concern, the regulatory clause (Art 263 TFEU) is also a third condition which can seen in the Inuit and Microban case, the definition of ‘direct concern’ is still to be determined. Therefore the non – privileged applicant’s locus standi would most probably have impact on possibilities to challenge Commission regulations, as large part of them should fall under the concept of a ‘regulatory act’. Best Beer would only need to show direct concern, and no implementing measures would be entailed. However, referring back to the Inuit and Microban cases, the General Court found that implementing measure in relation to intervention by the Commission or other Member States would mean remove the right to challenge. If this route was to be
The instance court was in disagreement with the plaintiff the main reason being that it did not have ratione locigeographic over the issue which was also ratified by the first instance courts. However, the Oberste Gerichtshof (Supreme Court) of Austria thought otherwise. The main argument here was that the issue must have been fore seen by the nuclear plant and was not just inadvertent. This court argued that the baseline establishment rule in the "Gasoline rule" demand "unjustifiable discrimination" as well as "disguised restriction on international trade" therefore it the statute governing venue of claims touching on real estate gives the Austrian courts authority ratione loci over the claims where these business people's investments are affected or will be affected by the emissions.
Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority. However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty.
When performing risk assessment procedures and related activities to obtain an understanding of the client and its environment, the auditor shall obtain an understanding of the following:
• The infringement serves a “valid legislative objective.” The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that;
Social justice is a significant topic known all too well in today's society. The topic can be defined as promoting a just society by challenging injustice and valuing diversity. It exists when all people share a common humanity and therefore have a right to equitable treatment, support for their human rights, and a fair allocation of community resources. People sometimes say that justice is when bad guys get punished, the good guys get rewarded and that everyone gets a fair go. However, what transpires when society itself is the 'bad guy'?
Private parties who feel affected by decisions of government that have been reached at EU or national level are entitled to make a case against the state in a Claim for Judicial Review (CJR) proceeding. However before this process can take place the court must be content that the claimant has satisfied a certain criteria, in a process known as standing. If the court grants standing to the private party, then the government decision being challenged may be subject to judicial review.
The CJEU case-law on horizontal direct effect of directives arguably lacks consistency in regards to the application of the general principle. The principle of direct effect was established in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct effect, a broader definition was provided in Van Gend en Loos that it “can be expressed as the capacity of a provision of EU law to be invoked before a national court.” However, Van Dyun v. Home Office established that directives are capable of direct effect. Furthermore, Marshall v. Southampton established that there could only be vertical direct effect of directives. This stringent principle has arguable ignited the highly contested debate of whether or not horizontal direct effect is applicable to directives or if directives could only have vertical direct effect. However, this essay shall explore the lack of consistency in case-law regarding horizontal direct effect of directives. Firstly, this paper will delve into the case-law of the topic of horizontal direct effect of directives in efforts to try to highlight its consistency in its approach. Secondly, the paper will use case law and the opinion of academics (enter the name of the academics later) to highlight its inconsistencies using the legal mechanisms that have been introduced by the Courts to try to compensate for the lack of horizontal direct effect of directives. Namely, indirect effect, incidental horizontal
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