 | This article relies largely or entirely on a single source .(May 2017) |
| Piraiki-Patraiki v Commission | |
|---|---|
| Court | European Court of Justice |
| Citation(s) | (1985) Case 11/82, [1985] ECR 207 |
| Keywords | |
| Judicial review | |
Piraiki-Patraiki v Commission (1985) Case 11/82 is an EU law case, concerning judicial review in the European Union.
Greek manufacturers claimed that exports of cotton to France should not be limited, as they had entered contracts to export cotton that were not carried out, when the Commission took a decision. This decision, based on art 130 of the Greek Act of Accession, allowed France to restrict imports of cotton yarn from Greece. Piraiki-Patraiki challenged the decision.
Crucially there was an exporter that had a live contract to export, and one that did not. The Court of Justice held that the exporter with the contract was individually concerned as it was part of a closed group, and annulled the decision where it was concerned. However, the exporter without a contract, despite being directly concerned (affected by the measure), was found not to be individually concerned.
Furthermore, article 130 imposed an obligation on the Commission to take the interests of such exporters into account, and the Commission had not done so. Regarding direct concern, because possibility that France would not decide to exercise authority was ‘entirely theoretical’, the discretion was not sufficient, in this case, to preclude direct concern.
The European Court of Justice (ECJ), 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).
The Common Agricultural Policy (CAP) is the agricultural policy of the European Commission. It implements a system of agricultural subsidies and other programmes. It was introduced in 1962 and has since then undergone several changes to reduce the EEC budget cost and consider rural development in its aims. It has however, been criticised on the grounds of its cost, its environmental, and humanitarian effects.
A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.
Dumping, in economics, is a form of predatory pricing, especially in the context of international trade. It occurs when manufacturers export a product to another country at a price below the normal price with an injuring effect. The objective of dumping is to increase market share in a foreign market by driving out competition and thereby create a monopoly situation where the exporter will be able to unilaterally dictate price and quality of the product. Trade treaties might include mechanisms to alleviate problems related to dumping, such as countervailing duty penalties and anti-dumping statutes.
In the European Union, competition law 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.
The European Anti-Fraud Office is a body mandated by the European Union (EU) with protecting the Union's financial interests. It was founded on 28 April 1999, under the European Commission Decision 1999/352. Its tasks are threefold:
The Annan Plan, also known as the Cyprus reunification plan, was a United Nations proposal to resolve the Cyprus dispute. The different parts of the proposal were based on the argumentation put forward by each party in meetings held under the auspices of the UN. The proposal was to restructure the Republic of Cyprus to become the "United Republic of Cyprus", a federation of two states. It was revised a number of times before it was put to the people of Cyprus in a 2004 referendum, and was supported by 65% of Turkish Cypriots, but only 24% of Greek Cypriots.
State aid in the European Union is the name given to a subsidy or any other aid provided by a government that distorts competition. Under European Union competition law, the term has a legal meaning, being any measure that demonstrates any of the characteristics in Article 107 of the Treaty on the Functioning of the European Union, in that if it distorts competition or the free market, it is classified by the European Union as illegal state aid. Measures that fall within the definition of state aid are considered unlawful unless provided under an exemption or notified by the European Commission. In 2019, the EU member states provided state aid corresponding to 0.81% of the bloc's GDP.
An export credit agency or investment insurance agency is a private or quasi-governmental institution that acts as an intermediary between national governments and exporters to issue export insurance solutions and guarantees for financing. The financing can take the form of credits or credit insurance and guarantees or both, depending on the mandate the ECA has been given by its government. ECAs can also offer credit or cover on their own account. This does not differ from normal banking activities. Some agencies are government-sponsored, others private, and others a combination of the two.
The Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.
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.
The Brazil–United States cotton dispute was a World Trade Organization dispute settlement case (DS267) on the issue of unfair subsidies on cotton. In 2002, Brazil—a major cotton export competitor—expressed its growing concerns about United States cotton subsidies by initiating a WTO dispute settlement case against certain features of the U.S. cotton program. On March 18, 2003, a Panel was established to adjudicate the dispute. Argentina, Canada, China, Taiwan, the European Communities, India, Pakistan, and Venezuela participated as third parties. Focusing on six specific claims relating to US payment programmes, Brazil argued that the US had failed to abide by its commitments in the Uruguay Round Agreement on Agriculture (AoA) and the Agreement on Subsidies and Countervailing Measures (SCM). On September 8, 2004, a WTO dispute settlement (DS) panel ruled against the United States on several key issues in case.
Offsets are compensatory trade agreements, reciprocal trade agreements, between an exporting foreign company, or possibly a government acting as intermediary, and an importing entity. Offset agreements often involve trade in military goods and services and are alternatively called: industrial compensations, industrial cooperation, offsets, industrial and regional benefits, balances, juste retour or equilibrium, to define mechanisms more complex than counter-trade. Counter-trade can also be considered one of the many forms of defense offset, to compensate a purchasing country. The incentive for the exporter results from the conditioning of the core transaction to the acceptance of the offset obligation.
Plaumann & Co v Commission (1963) Case 25/62 is an EU law case, concerning judicial review in the European Union.
Deutsche Post v Commission (2011) C-463/10P is an EU law case, concerning judicial review in the European Union.
Unión de Pequeños Agricultores v Council of the European Union (2002) C-50/00 P is an EU law case, concerning a judicial review of a regulation adopted by the European Union. In this case, the European Court of Justice declined to accept the preliminary opinion of the Advocate General, Francis Jacobs.
Municipality of Differdange v Commission (1984) Case 222/83 is an EU law case, concerning judicial review in the European Union.
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.
The unfriendly countries list is a list of countries published by the Russian government that it says "commit unfriendly actions against Russia, Russian companies and citizens". Countries added to the list are subject to certain restrictions related to their relationships with Russia, including trade and currency restrictions and personnel limits in the listed countries' diplomatic missions in Russia.