European Court of Justice

Introduction Although the European Court of Justice (ECJ) continues to insist that national procedural autonomy remains a key consideration, its case law shows that this principle has enjoyed a varying amount of deference through the decades. Although the principle of ‘equivalence’ is tolerably clear, setting out clear requirements that can be easily fulfilled by national legal orders, ‘effectiveness’ has had a much more chequered history. Francovich also represents a further incursion on the procedural

The Court of Justice of the European Union (CJEU) is a governing body ensuring law in the European Union (EU) is interpreted and applied in the same manner in every country in the EU, and also ensures countries and EU institutions abide by EU law. The CJEU was founded in Luxembourg in 1952 and can settle legal disputes between national governments and EU institutions. The CJEU can also be used by individuals, companies or organizations to take legal action against an EU institution, if they feel

Jaouad El Majdoub v. CarsOnTheWeb.Deutschland GmbH. Judgement of the Court of Justice of the European Union (Third Chamber) of 21 May 2015 I. Introduction With its almost recent ruling the Court of Justice of the European Union (hereinafter, CJEU) in the case of Jaouad El Majdoub has focused on the concept of 'click-wrapping ' agreement and its compatibility with Article 23(2) of the Brussels I Regulation. Exclusively, the question of whether the jurisdiction clauses which are incorporated within

Roles of the European Court of Justice ‘The European Court of Justice played a decisive role in the transformation of the European legal system by declaring the direct effect and supremacy of European Law. But the linchpins of the European legal system are the national courts of the member

This essay advances the position that the quotation under discussion is, with all due respect to the Author, entirely incorrect. It is the counter-argument of this essay that the Courts of Justice of the European Union (CJEU) have ‘abused’ their interpretive jurisdiction, and, in places, have even done violence to the very wording of the Treaty itself. Art 34 is not worded in a complicated nor in an especially controversial way. It simply states: “Quantitative restrictions on imports and all measures

The Constitutionalisation of the Treaties by the European Court of Justice Introduction ============ On it's formation in 1957 the European Economic Community Treaty[1] was seemingly another international treaty to which the six original Member States[2] had signed. In the realm of international law such treaties are binding merely on the governments of Member States which have signed them. In it's essential provisions, the Treaty made reference only to the

Brussels I Regulation, where stipulates the exclusive jurisdiction for the designated court in the choice-of-court agreement . III. MUTUAL TRUST AND RELATED CASES IN RESPECT OF THE BRUSSELS I RECAST The notion of mutual trust has been used by the European Court of Justice (ECJ) for explaining the important role of mutual recognition in the Brussels I Regulation in order to require the courts of Member States to comply jurisdiction rules on staying proceedings and declining jurisdiction . This part

Digital Rights Ireland Court of Justice of the European Union. Facts of the case This case concerned requests for a preliminary ruling, sent from the Austrian and Irish courts to the Court of Justice, on the validity of the Data Retention Directive. The Data Retention Directive required public communications providers to retain the information of their users and allow national authorities of Member States to access that data in the interests of national security. Present in this case were the principles

EU Law Essay Question: In retrospect was the European court of justice correct when it stated that in Van Gend en Loos (1963) a new legal order had been created? Discuss. The judgement in Van Gend en Loos has undoubtedly had a huge impact upon the European Union and the way that it functions. The European Court of Justice (ECJ) claimed that the judgement had established a “new legal order” whether this is true is debatable but it is certainly a fundamental case in EU case law. The phrase “new

The summary of the European Court of Justice case: Pez Hejduk v Energy Agentur.NRW GmbH (C441/13) Ms Hejduk, domiciled in Vienna (Austria), is a professional photographer of architecture and creator of photographic works depicting the buildings of the Austrian architect, George W.Reinberg. Ms Hejduk authorised Mr Reinberg to use her photographs in order to illustrate his buildings, in a conference organised by Energie Agentur, a Germany based company. Subsequently, Energie Agentur made the photographs