An edition of Complete EU Law
(2015)
Complete EU law
text, cases, and materials
by Elspeth Berry, Matthew J. Homewood, and Barbara Bogusz
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October 19, 2023 | History
xliv, 690 pages ; 25 cm
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Complete EU Law: Text, Cases, and Materials
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Complete EU Law: Text, Cases, and Materials
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Complete EU Law: Text, Cases, and Materials
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Complete EU law: text, cases, and materials
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Book Details
Table of Contents
Machine generated contents note: ch. 1 The origins of the European Union and EU law
1.1. The historical rationale for the European Union
1.2. The EEC, ECSC, and EURATOM Treaties
1.3. The aims of the EU
1.4. Economic integration
1.4.1.A free trade area
1.4.2.A customs union
1.4.3.A common or internal market
1.4.4. Economic and monetary union
1.5. Economic and political difficulties
1.6. Expansion of membership
1.7. Institutional developments
1.8. Legal developments
1.9. Closer integration
1.10. The Single European Act (1986)
1.11. Regional development
1.12. Employment and social policy
1.13. The Treaty on European Union (1992)
1.14. Economic and monetary union
1.15. The Treaty of Amsterdam (1997)
1.16. The Charter of Fundamental Rights
1.17. The Treaty of Nice [2001]
1.18. The Treaty of Lisbon [2007]
1.19. Conclusions
Summary
Further reading
Questions
ch. 2 Official institutions of the European Union.
Note continued: 2.1. The European Parliament
2.1.1.Composition
2.1.2. Functions and powers
2.2. The Council of the European Union
2.2.1.Composition
2.2.2. Functions and powers
2.3. The Commission
2.3.1.Composition
2.3.2. Functions and powers
2.4. Court of Justice of the European Union
2.4.1. Court of Justice
2.4.2. General Court
2.5. The European Council
2.5.1.Composition
2.5.2. Functions and powers
2.6. The European Central Bank
2.7. Court of Auditors
27.1.Composition
27.2. Functions and powers
2.8. European Economic and Social Committee and Committee of the Regions
Summary
Further reading
Question
ch. 3 Sovereignty and sources of law
3.1. Sovereignty
3.1.1. The political problem
3.1.2. The legal problem
3.2. Attribution of powers to the EU
3.3. The principle of subsidiarity
3.4. Sources of EU law
3.4.1. The Treaties
3.4.2. Secondary legislation
3.4.3. Decisions of the Court of Justice.
Note continued: 3.4.4. International agreements and Conventions
3.4.5. General principles of EU law
3.5. Legislative procedures
3.5.1. Ordinary legislative procedure
3.5.2. Special legislative procedure
3.5.3. Enhanced cooperation
3.6. Conclusions
Summary
Further reading
ch. 4 Enforcing EU law rights in national courts
4.1. Direct effect
4.1.1. The measures which may have direct effect
4.1.2. The condition for the direct effect of Treaty Articles and Regulations
4.1.3. The conditions for the direct effect of Decisions
4.1.4. The conditions for the direct effect of Directives
4.1.5. Incidental horizontal effect of Directives
4.1.6. Summary of direct effect
4.2. Indirect effect
4.2.1. The measures which may have indirect effect
4.2.2. The national law to which indirect effect can apply
4.2.3. The time from which Directives can have indirect effect
4.2.4. The extent of the duty: `as far as possible'
Note continued: 4.2.5. The relationship between indirect effect and the supremacy of EU law
4.2.6. Summary of Indirect effect
4.3. Remedies
4.3.1. Equivalence
4.3.2. Effectiveness
4.3.3. New remedies need not be created
4.3.4. No further substantive conditions
4.4. Conclusions
Summary
Further reading
Questions
ch. 5 Member State liability in damages
5.1. The meaning of `Member State' for this purpose of damages claims
5.2. The establishment of the principle of State liability: Francovich
5.3. The Francovich conditions governing the Imposition of State liability
5.4. The development of the principle of State liability
5.4.1. Enactment of national legislation contrary to EU law: Factortame III
5.4.2. Incorrect transposition of Directives: BT
5.4.3. Administrative breaches: Hedley Lomas
5.4.4. Judicial breaches: Kobler.
Note continued: 5.5. The development of the conditions governing the imposition of State liability: the Factortame III conditions
5.5.1. The EU law breached must be Intended to confer rights on Individuals
5.5.2. The breach must be sufficiently serious
5.5.3. Causation of damage
5.6.Comparing the conditions for liability
5.6.1. Summary of State liability
5.7. Concurrent action against the EU
5.8. Conclusions
Summary
Further reading
Questions
ch. 6 Preliminary references
6.1. The questions of law which may be referred to the Court of Justice
6.1.1. Article 267 TFEU
6.1.2. Exclusion of certain policy areas
6.1.3. Questions of EU law only
6.1.4. No jurisdiction over the application of EU law to the facts
6.2. The meaning of `court or tribunal'
6.3. The status of the national court
6.3.1. Courts and tribunals against whose decisions there is no judicial remedy under rational law.
Note continued: 6.3.2. Courts and tribunals against whose decisions there is a judicial remedy under national law
6.4. Discretionary references
6.4.1. Acte clair
6.4.2. Relevance
6.4.3. Previous Court of Justice rulings
6.4.4. The possibility of rejection of the reference
6.4.5. The advantages of the Court of Justice
6.4.6. The Impact of any binding domestic precedent
6.4.1. Other factors Influencing the exercise of the discretion
6.4.8. Summary of the discretion to refer
6.5. Mandatory references
6.5.1. Acte clair
6.5.2. Relevance
6.5.3. Previous Court of Justice rulings
6.5.4. The possibility of rejection of the reference
6.5.5. Summary of the obligation to refer
6.6. References concerning the validity of EU law
6.7. Summary of the national courts' decision-making process in preliminary references
6.8. The provision of reasons by the national court for not making a reference
6.9. The timing of the reference.
Note continued: 6.10. Interim measures
6.10.1. Suspension of national measures based on allegedly invalid EUlaw
6.10.2. Suspension of national measures which may be incompatible with EU law as it Is correctly interpreted
6.11. The procedure
6.11.1. The drafting of the reference
6.11.2. Pleadings before the Court of Justice
6.11.3. Costs and legal aid
6.11.4. The standard procedure
6.11.5. Special procedures under Article 267 TFEU
6.12. The effects of a preliminary ruling
6.13. Conclusions
Summary
Further reading
Question
ch. 7 Challenging EU action or inaction
2.1. Article 258 TFEU: enforcement actions by the Commission
2.2. Article 260 TFEU: judicial remedies against the Member State
7.3. Direct action: Article 263 TFEU
2.4. Which acts may be challenged?
2.4.1. Acts of the legislative institutions
2.4.2. Acts with bindinglegal effects
2.5. Who can bring an action under Article 263 TFEU?
Note continued: 2.6. Locus standi: permissible applicants under Article 263 TFEU
2.6.1. Privileged applicants
2.6.2.`Semi-privileged' applicants
2.6.3. Non-privileged applicants
7.7. Non-privileged applicants: direct concern
7.8. Non-privileged applicants: individual concern
2.8.1. The `closed class' test
2.8.2.A `test' based on the facts and circumstances
2.8.3. Measures Issued as a result of proceedings initiated by applicant
2.8.4. Anti-dumping measures
2.9. Reforming locus stand/for non-privileged applicants
7.9.1.A judicial debate
2.10. Regulatory acts which do not entail implementing measures
2.11. Directives
2.12. Grounds for annulment
7.12.1. Lack of competence
7.12.2. Infringement of an essential procedural requirement
2.12.3. Infringement of the Treaties or of any rule of law relating to its application
7.12.4. Misuse of powers
7.13. Time limits
7.14. Effect of annulment
7.15. The plea of illegality.
Note continued: 7.16. Failure to act
7.16.1. Locus standi
7.16.2. Challengeable grounds
7.16.3. Procedure
7.16.4. Effect
7.17. The relationship between Article 263 TFEU and Article 265 TFEU
7.18. Conclusions
Summary
Further reading
Question
ch. 8 EU liability in damages
8.1. Jurisdiction of the EU Courts
8.2. Parties to Article 340 TFEU actions
8.3. The meaning of `general principles common to the laws of the Member States'
8.4. Wrongful acts by the EU institutions
8.4.1. Whether an EU institution is responsible
8.4.2. Whether an act is wrongful
8.4.3. Wrongful acts by EU servants
8.4.4. Acts which are not wrongful
8.5. Actual damage
8.5.1. Proof of loss
8.5.2. Reduction In damages
8.6. Causation
8.2. Unjust enrichment
8.8. Time limits
8.9. The relationship between Article 340 TFEU and other actions
8.9.1. Other actions against the EU
8.9.2. Concurrent action against a Member State
8.10. Conclusions
Summary.
Note continued: Further reading
Question
ch. 9 Human rights in the EU
9.1.A brief history of human rights protection In Europe: the EU and the Council of Europe compared
9.2. The development of human rights protection by the EU
9.2.1. The EEC Treaty 1952
9.2.2. The role of the Court of Justice
9.2.3. Legislative developments and political statements
9.2.4. Other developments
9.3. The need for human rights protection against the EU and its Member States
9.4. The Charter of Fundamental Rights of the EU
9.4.1. The Charter rights
9.4.2. The legal effect of the Charter
9.4.3. The application of the Charter to Member States
9.4.4. The scope and Interpretation of the Charter
9.5. Enforcement of human rights in EU law
9.5.1. Actions for enforcement against the EU
9.5.2. Actions for enforcement against Member States
9.6. Accession to the ECHR
9.7. Conclusions
Summary
Further reading
Question
ch. 10 Free movement of goods.
Note continued: 10.1. Development
10.1.1. Free trade area
10.1.2. Customs union
10.1.3. Internal market
10.1.4. Economic and monetary union
10.2. Legislative provisions
10.3. Meaning of `goods'
10.4. Article 30 TFEU: the prohibition of customs duties and charges having equivalent effect
10.4.1. Charges having an equivalent effect (CHEEs)
10.4.2. Examples of CHEEs
10.5. Charges for services rendered
10.5.1. The service must be of direct benefit to the goods or traders concerned
10.5.2. The charge must be proportionate to the services rendered
10.5.3.`Services' permitted under EU law
10.5.4.`Services' mandated by EU law
10.5.5. No other exceptions
10.6. Related considerations
10.6.1. Article 30 is inapplicable when dealing with Internal taxation
10.6.2. Determining when the charge is a tax and when it is a CHEE
10.6.3. It Is important from the outset to appreciate that the relevant Treaty Articles are mutually exclusive.
Note continued: 10.7. Article 110 TFEU: the prohibition of discriminatory taxation
10.2.1. The Article 110 TFEU prohibition
10.2.2. Direct and indirect discrimination
10.7.3. Methods of tax collection and the basis of assessment
ID. 2.4 Objective justification
10.2.5. Article 110[1):.'similar' products
10.7.6. Article 110(2): `indirect protection to other products'
10.8. Articles 34 and 35 TFEU: the prohibition of quantitative restrictions and measures having equivalent effect
10.8.1. Scope
10.8.2. Quantitative restrictions
10.8.3. Measures having equivalent effect to quantitative restrictions (MEQRs)
10.8.4. Directive 20/50
10.8.5. Obligation of Member States to ensure free movement of goods
10.8.6. Cassis de Dijon
10.8.7. Scope of the rule of reason
10.8.8. Application of the principle of proportionality
10.8.9. Extension of the mandatory requirements
10.8.10. Development of principles relating to indistinctly applicable measures.
Note continued: 10.8.11. The Keck judgment: selling arrangements
10.8.12. Article 36 TFEU
10.8.13. No arbitrary discrimination, disguised restriction on trade
10.8.14. Proportionality
Summary
Further reading
Question
ch. 11 Free movement of persons
11.1. Free movement of workers
11.1.1. Article 45 TFEU: vertical and horizontal direct effect
11.1.2. The definition of `worker'
11.1.3. The rights of workers under EU law
11.2. EU citizenship
11.2.1. EU citizens
11.2.2. Article 21(1) TFEU: direct effect
11.2.3. The rights of EU citizens and their families
11.3. Derogations to the free movement of persons
11.3.1. Public policy and public security
11.3.2. Public health
11.3.3. Procedural safeguards in the case of expulsion
Summary
Further reading
Question
ch. 12 Freedom of establishment and freedom to provide and receive services
12.1. Freedom of establishment
12.1.1. Article 49 TFEU.
Note continued: 12.1.2. Meaning of `establishment'
12.1.3. Beneficiaries
12.1.4. Rights pertaining to the freedom of establishment
12.2. Freedom to provide services
12.2.1. Article 56 and 52 TFEU: direct effect
12.2.2. The scope of Article 56 TFEU
12.2.3. Rights pertaining to the freedom to provide services
12.2.4. The Services Directive
12.3. Derogations to the freedom of establishment and the freedom to provide and receive services
12.3.1. The official authority exception
12.3.2. Public policy, public security, and public health
Summary
Further reading
ch. 13 Competition law: Article 101 TFEU
13.1. Outline of Article 101 TFEU
13.2. Article 101(l): the prohibition
13.2.1. Agreements between undertakings, decisions by associations of undertakings, and concerted practices
13.2.2. Undertakings
13.2.3. Agreements
13.2.4. Decisions by associations of undertakings
13.2.5. Concerted practices
13.2.6. Cartels.
Note continued: 13.27. Vertical and horizontal agreements
13.2.8. Which may affect trade between Member States
13.2.9. Object or effect: prevention, restriction, or distortion of competition
13.2.10. Agreements of minor importance
13.2.11. Prevention, restriction, and distortion of competition
13.3. Article 101(2) TFEU
13.4. Article 101(3) TFEU: exemption from Article 101(1)
134.1. Individual exemption
13.4.2. Improving production or distribution of goods or promoting technical or economic progress
13.4.3. Allowing consumers a fair share of the resulting benefit
13.4.4. No restrictions that are not Indispensable
13.4.5. No elimination of competition
13.5. Block exemption
13.5.1. Regulation 330/2010
Summary
Further reading
Question
ch. 14 Competition law: Article 102 TFEU
14.1. Outline of Article 102 TFEU
14.2. Article 102: the prohibition
14.2.1. Undertakings
14.3. Dominant position
14.3.1. Relevant market.
Note continued: 14.3.2. Relevant product market (RPM)
14.3.3. Establishing the RPM
14.3.4. Demand substitutability
14.3.5. The 1992 Notice on the definition of the relevant market
14.3.6. Intermediate markets
14.3.2. Supply substitutability
14.3.8. Relevant geographic market (RGM)
14.3.9.`Within the internal market or a substantial part of It'
14.3.10. Relevant temporal (or seasonal) market (RTM)
14.4. Dominance
14.4.1. Market share
14.4.2. Market structure
14.4.3. Financial and technological resources and intellectual property rights
14.4.4. Vertical integration
14.4.5. Conduct
14.4.6. Collective dominance
14.5. Abuse
14.5.1. Unfair pricing
14.5.2. Discounting
14.5.3. Tie-ins
14.5.4. Refusal to supply
14.6. Effect on trade between Member States.
Note continued: 14.6.1. Guidance on the Commission's enforcement priorities in applying Article 82 of the EC Treaty [102 TFEU] to abusive exclusionary conduct by dominant undertakings (0J 2009/C 45/02)
Summary
Further reading
Question
ch. 15 Enforcement of EU competition law
15.1. The enforcement regime
15.2. Burden of proof
15.3. Relationship between Articles 101 and 102 TFEU and national competition laws
15.4. Cooperation with national authorities
15.5. Cooperation with national courts
15.6. The powers of the competition authorities of the Member States
15.7. The European Commission's powers
15.8. Safeguards for undertakings
15.9. Leniency Notice
15.10. Private enforcement
Summary
Further reading.
Edition Notes
Includes bibliographical references and index.
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