Municipality of Differdange v Commission | |
---|---|
Court | European Court of Justice |
Citation(s) | (1984) Case 222/83 |
Keywords | |
Judicial review |
Municipality of Differdange v Commission (1984) Case 222/83 is an EU law case, concerning judicial review in the European Union.
The European Commission allowed Luxembourg to grant state aid to steel firms if they reduced capacity. The municipality sought to challenge this decision, and claimed it was directly and individually concerned because reducing capacity and closing factories would mean a reduction of its tax collections.
The Court of Justice held the establishments were not identified and there is a margin of discretion for member states. Therefore, the municipality was not directly concerned.
The European Court of Justice, formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
Belgium comprises 581 municipalities, 300 of them grouped into five provinces in Flanders and 262 others in five provinces in Wallonia, while the remaining 19 are in the Brussels Capital Region, which is not divided in provinces. In most cases, the municipalities are the smallest administrative subdivisions of Belgium, but in municipalities with more than 100,000 inhabitants, on the initiative of the local council, sub-municipal administrative entities with elected councils may be created. As such, only Antwerp, having over 500,000 inhabitants, became subdivided into nine districts. The Belgian arrondissements, an administrative level between province and municipality, or the lowest judicial level, are in English sometimes called districts as well.
The European Ombudsman is an independent body that holds European Union institutions and agencies to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly.
The Federal Republic of Germany, as a federal state, consists of sixteen partly sovereign federated states. Since the German nation state was formed from an earlier collection of several states, it has a federal constitution, and the constituent states retain a measure of sovereignty.
European Union law is a system of rules operating within the member states of the European Union. Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society.
Waste hierarchy is a tool used in the evaluation of processes that protect the environment alongside resource and energy consumption from most favourable to least favourable actions. The hierarchy establishes preferred program priorities based on sustainability. To be sustainable, waste management cannot be solved only with technical end-of-pipe solutions and an integrated approach is necessary.
Microsoft Corp. v. Commission (2007) T-201/04 is a case brought by the European Commission of the European Union (EU) against Microsoft for abuse of its dominant position in the market. It started as a complaint from Sun Microsystems over Microsoft's licensing practices in 1993, and eventually resulted in the EU ordering Microsoft to divulge certain information about its server products and release a version of Microsoft Windows without Windows Media Player. The European Commission especially focused on the interoperability issue.
The Legal Service of the European Commission is the in-house legal counsel to the commission, located in Brussels. It ensures that Commission decisions comply with EU law, preventing or reducing the risk of subsequent litigation. It provides legal advice to the commission and its departments, and represents the Commission in court cases.
The European Union (EU) consists of 27 member states which are signatories to the founding treaties of the union and thereby shares in the privileges and obligations of membership. They have agreed by the treaties to share their own sovereignty through the institutions of the European Union in some aspects of government. State governments must agree unanimously in the Council for the union to adopt some policies; for others, collective decisions are made by qualified majority voting. These obligations and sharing of sovereignty within the EU make it unique among international organisations, as it has established its own legal order which by the provisions of the founding treaties is both legally binding and supreme on all the member states. A founding principle of the union is the principle of subsidiarity, meaning that decisions are taken collectively if and only if they cannot realistically be taken individually.
European Union merger law is a part of the law of the European Union. It is charged with regulating mergers between two or more entities in a corporate structure. This institution has jurisdiction over concentrations that might or might not impede competition. Although mergers must comply with policies and regulations set by the commission; certain mergers are exempt if they promote consumer welfare. Mergers that fail to comply with the common market may be blocked. It is part of competition law and is designed to ensure that firms do not acquire such a degree of market power on the free market so as to harm the interests of consumers, the economy and society as a whole. Specifically, the level of control may lead to higher prices, less innovation and production.
Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. This is now called the principle of direct effect. The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law.
The Kingdom of the Netherlands, commonly known as simply the Netherlands, is a sovereign state and constitutional monarchy with 98% of its territory and population in Western Europe and with several small West Indian island territories in the Caribbean.
Van Duyn v Home Office (1974) C-41/74 was a case of the European Court of Justice concerning the free movement of workers between member states.
Water supply and sanitation in Greece is characterised by diversity. While Athens receives its water from a series of reservoirs, some of which are located 200 km away, some small islands are supplied with water from tankers. Greeks have suffered from repeated droughts, the most recent one occurring in 2007. The EU supported the construction of numerous wastewater treatment plants since the 1990s in order to achieve EU environmental standards. While the wastewater discharge of the biggest cities is now in compliance with these standards, some smaller towns still lag behind.
Piraiki-Patraiki v Commission (1985) Case 11/82 is an EU law case, concerning judicial review in the European Union.
Commission v Portugal (2010) C-171/08 is an EU law case, relevant for UK enterprise law, concerning European company law. Following a trend in cases such as Commission v United Kingdom, and Commission v Netherlands, it struck down public oversight, through golden shares of Portuguese telecommunications companies.
Mergers in United Kingdom law is a theory-based regulation that helps forecast and avoid abuse, while indirectly maintaining a competitive framework within the market. A true merger is one in which two separate entities merge into an entirely new entity. In Law the term ‘merger’ has a much broader application, for example where A acquires all, or a majority of, the shares in B, and is able to control the affairs of B as such.
The Capital Markets Union (CMU) is an economic policy initiative launched by the former president of the European Commission, Jean-Claude Junker in the initial exposition of his policy agenda on 15 July 2014. The main target was to create a single market for capital in the whole territory of the EU by the end of 2019. The reasoning behind the idea was to address the issue that corporate finance relies on debt and the fact that capitals markets in Europe were not sufficiently integrated so as to protect the EU and especially the Eurozone from future crisis. The Five Presidents Report of June 2015 proposed the CMU in order to complement the Banking union of the European Union and eventually finish the Economic and Monetary Union (EMU) project. The CMU is supposed to attract 2000 billion dollars more on the European capital markets, on the long-term.
The COVID-19 pandemic and its spread in Europe has had significant effects on some major EU members countries and on European Union institutions, especially in the areas of finance, civil liberties, and relations between member states.