Unlike product requirements or other laws that impede market access, the Court has developed the presumption that `selling arrangements` do not fall within the scope of Article 34 TFEU if they apply equally to all sellers and actually affect them in the same way. In Keck and Mithouard,[212] two importers argued that their prosecution was illegal under a French competition law that prevented them from selling Picon beer at wholesale prices. The purpose of the law was to prevent predatory competition, not to impede trade. [213] The Court held that this is “legally and factually” a “contract of sale” of equal application (and not something that alters the content of a product),[214] that it does not fall within the scope of section 34 and therefore does not need to be justified. Sales arrangements may `effectively` be considered unequal, in particular where traders from another Member State are trying to enter the market, but there are advertising and marketing restrictions. In Consumer Ombudsman v De Agostini,[215] the Court considered Swedish advertising bans for children under 12 and misleading advertising of skin care products. Although the bans remained in place (justified under Article 36 or as a mandatory requirement), the Court pointed out that total marketing bans could be disproportionate if advertising were “the only effective form of sales promotion enabling [a trader] to enter the market”. In Consumer Ombudsman v. Gourmet AB,[216] the Court suggested that a total ban on alcohol advertising on radio, television and magazines could fall under Article 34, in which advertising was the only way for sellers to overcome “traditional social practices of consumers and local habits and customs” when purchasing their products. But here too, it is for the national courts to decide whether this is justified under Article 36 on grounds of protection of public health. Under the Unfair Commercial Practices Directive, the EU has harmonised marketing and advertising restrictions to prohibit behaviour that distorts average consumer behaviour, is misleading or aggressive, and provides a list of examples considered unfair.
[217] States increasingly need to recognize each other, while the EU has sought to harmonize minimum ideals of good practice. The attempt to raise standards aims to avoid a regulatory “race to the bottom” while allowing consumers access to products from across the continent. These treaties define how the EU is structured and governed. They also give the EU institutions the power to adopt and amend secondary legislation. The EU decides in which areas it can legislate according to 3 principles: In 2006, a dumping of toxic waste off the coast of Côte d`Ivoire from a European ship prompted the Commission to review legislation against toxic waste. Environment Commissioner Stavros Dimas said that “such highly toxic waste should never have left the European Union”. As countries like Spain do not even have a crime against the transport of toxic waste, Franco Frattini, the commissioner for justice, freedom and security, suggested with Dimas to impose sanctions for “ecological crimes”. The Union`s competence in this regard was challenged before the Court of Justice in 2005, which led to a victory for the Commission. [364] This case set a precedent for the Commission to legislate on criminal law at the supranational level, which has never happened before.
So far, the only other proposal has been the draft directive on intellectual property rights. [365] Motions against this legislation were tabled in the European Parliament on the grounds that criminal law should not fall within EU competence, but were rejected in the vote. [366] In October 2007, however, the Court ruled that the Commission could not propose what the criminal sanctions might be, only that there should be. [367] First, if the deadline for transposing a directive is not respected, the Member State cannot enforce conflicting laws and a citizen can rely on the Directive in such an action (so-called “vertical” direct effect). In Pubblico Ministero v Ratti, the Italian Government was prevented from applying an adversarial national law of 1963 against Mr Ratti`s activities in the field of solvents and varnishes because it had not transposed Directive 73/173/EEC on the packaging and labelling of solvents and varnishes within the prescribed period. [127] A Member State “may not rely on individuals for having themselves failed to fulfil the obligations imposed by the Directive”. [128] Second, a citizen or a company may also rely on a directive to defend itself in a dispute with another citizen or another undertaking (and not just a public authority) which is trying to enforce a national law contrary to a directive. Thus, in CIA Security v Signalson and Securitel, the Court held that an undertaking known as CIA Security could defend itself against allegations by competitors that it had failed to comply with a 1991 Belgian regulation on alarm systems because it had not been notified to the Commission as a directive. [129] Third, if a directive expresses a “general principle” of EU law, it can be invoked between private non-state parties before the expiry of its transposition deadline. That follows from the judgment in Kücükdeveci v Swedex GmbH & Co KG, in which, under Paragraph 622 of the BGB, it is stated that working years of less than 25 years are not to be taken into account in the calculation of increasing statutory dismissal before the dismissal. Before her dismissal, Ms Kücükdeveci worked for Swedex GmbH & Co KG for 10 years, between the ages of 18 and 28. She argued that the law, which did not count her years under 25, constituted unlawful discrimination on grounds of age within the meaning of the Framework Directive on equal treatment in employment and occupation.
The Court held that it could rely on the Directive because equality was also a general principle of EU law. [130] Fourth, if the defendant is imputable to the state, even if it is not imputable to the central government, it may nevertheless be bound by directives. In Foster/British Gas plc, the Court held that Ms Foster was entitled to bring an action for discrimination on grounds of sex against her employer, British Gas plc, which retired women aged 60 and men aged 65 if (1) she provided a public service under a State measure and (3) had special powers. [131] This could also be the case if the company is privatized, as it was owned by a water company responsible for groundwater supply. [132] Disputes over the interpretation of these laws may be referred to the Court of Justice of the European Union. EU laws start with the European Commission (this is called the right of initiative). The European Commission proposes laws, either chosen by itself or on the basis of consultations with other EU institutions, Member States or public consultations. The European Union (EU) is the most important source of supranational European law. Since 1957, when the European Economic Community (EEC) was created with the limited aim of establishing a common economic market in Western Europe, the law of the EEC and its successor organizations has progressively extended the scope of their competences to many aspects of European economic and political life. At the same time, it has acquired many characteristics of a constitutional system rather than an international organization. For example, EU law takes precedence over the national law of EU Member States, which means that it has a direct impact on national legal systems; In addition, EU law is interpreted and applied through cooperation between EU courts (such as the Court of Justice of the European Union) and the courts of EU Member States.
Due to the breadth of the issues within its competence and its ability to penetrate deeply into national legal systems, the EU has succeeded in creating an extensive legal system involving all its Member States. For example, there are many European legal systems in areas such as contracts, commercial law, labour law, immigration law and consumer law. Do you think common sense is enough to keep you on the right side of the law in Europe? Think again. Avoiding illegal activities in your home country is a good place to start, but it`s not enough. To avoid potentially unpleasant encounters with locals (and in many cases hefty police fines), here are some target-specific laws to look out for – and especially some actions to avoid – when traveling to countries across Europe. The Commission supervises the services and various agencies that implement or enforce EU law. The “European Council” (not the Council, which is composed of different ministers) is composed of the Prime Ministers or Executive Presidents of the Member States. It appoints the Commissioners and the Management Board of the European Central Bank.
The Court of Justice of the European Union is the supreme judicial body that interprets EU law and develops it through case law. The Court of Justice may review the legality of acts of the institutions of the Union in accordance with the Treaties.
