Read e-book online Prohibition of abuse of law : a new general principle of EU PDF

Rules Procedures

By Rita de la Feria, Stefan Vogenauer

ISBN-10: 1841139386

ISBN-13: 9781841139388

The eu court docket of Justice has been alluding to 'abuse and abusive practices' for greater than 30 years, yet for a very long time the importance of those references has been uncertain. Few legal professionals tested the case legislation, and those that did doubted even if it had ended in the improvement of a felony precept. in the previous few years there was an intensive switch of angle, mostly end result of the improvement by way of the court docket of an abuse attempt and its program in the box of taxation. during this ebook, teachers and practitioners from in all places Europe talk about the advance of the Court's method of abuse of legislations around the entire spectrum of ecu Union legislations, reading case-law from the Nineteen Seventies to the current day and exploring the implications of the advent of the newly exact 'principle of prohibition of abuse of legislations' for the advance of the legislation of the ecu and people of the Member States

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21 Moreover, Article 46 of the pre-Lisbon TEU said that the Case 11/70 Internationale Handelsgesellschaft v Einfuhr- und Vorratsstelle Getreide [1970] ECR 1125. Internationale Handelsgesellschaft (n 14 above), para [4]. 16 Cf Case 44/79 Hauer v Land Rheinland-Pfalz [1979] ECR 3727, paras [17–19]; Case 222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, para [18]. 17 See Case C-260/89 Elliniki Radiophonia Tiléorassi AE (ERT) and Panellinia Omospondia Syllogon Prossopikou v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas et al [1991] ECR I-2925, para [41]; Case C-299/95 Kremzow v Austrian State [1997] ECR I-2629, para [14]; Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat v Council [2008] ECR I-6351, para [283].

41 See eg, Case 145/88 Torfaen Borough Council v B & Q plc [1989] ECR 3851; Case C-368/95 Familiapress v Bauer Verlag [1997] ECR I-3689. 42 Case C-144/04 Werner Mangold v Rüdiger Helm [2005] ECR I-9981. 43 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation [2000] OJ L303/16. 14 Anthony Arnull the deadline for implementation of the Directive in the Member State concerned44 had not expired at the material time. It is well established that directives cannot produce direct effect until after the deadline for implementation has passed and that even then they may not produce horizontal direct effect.

30 Case 294/83 Parti écologiste ‘Les Verts’ v European Parliament [1986] ECR 1339. 31 Case 70/88 European Parliament v Council of the European Communities [1990] ECR I-2041. 32 At Maastricht, the EC Treaty was amended to give effect to the Court’s decisions. See now Art 263 TFEU. 33 The duty of consistent interpretation does not require national courts to interpret domestic provisions in a manner which is contra legem. For a useful summary of the case law, see Joined Cases C-378/07 and C-380/07 Angelidaki and Others v Nomarkhiaki Aftodiikisi Rethimnis and Another, judgment of 23 April 2009, paras [197-201].

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Prohibition of abuse of law : a new general principle of EU law? by Rita de la Feria, Stefan Vogenauer

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