Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Banco de Santander (Case C-274/14), EU:C:2020:17, 21 January 2020. The document also includes supporting commentary from author Noreen O'Meara.
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Banco de Santander (Case C-274/14), EU:C:2020:17, 21 January 2020
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Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982. The document also includes supporting commentary from author Noreen O'Meara.
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Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also includes supporting commentary from author Noreen O'Meara.
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Cartesio (Case C-210/06), EU:C:2008:723, [2008] ECR I-9641, 16 December 2008
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cartesio (Case C-210/06), EU:C:2008:723, [2008] ECR I-9641, 16 December 2008. The document also includes supporting commentary from author Noreen O’aMeara.
Chapter
Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Cartesio (Case C-210/06), EU:C:2008:723, [2008] ECR I-9641, 16 December 2008
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cartesio (Case C-210/06), EU:C:2008:723, [2008] ECR I-9641, 16 December 2008. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Banco de Santander (Case C‑274/14), EU:C:2020:17, 21 January 2020
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Banco de Santander (Case C 274/14), EU:C:2020:17, 21 January 2020. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
7. National Actions
This chapter addresses the indirect enforcement of European law through the national courts. The core duty governing the decentralized enforcement of European law by national courts is rooted in Article 4(3) TEU: the duty of ‘sincere cooperation’. The chapter explores two specific constitutional principles that the European Court has derived from the general duty of sincere cooperation: the principle of equivalence and the principle of effectiveness. Both principles have led to a significant judicial harmonization of national procedural laws. The chapter then considers the State liability principle, and looks at the procedural bridge that exists between national courts and the European Court of Justice. For from the very beginning, the European Treaties contained a mechanism for the interpretative assistance of national courts: the preliminary reference procedure.
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7. National Actions
This chapter addresses the indirect enforcement of European law through the national courts. The core duty governing the decentralized enforcement of European law by national courts is rooted in Article 4(3) TEU: the duty of ‘sincere cooperation’. What does this mean; and to what extent does it limit the procedural autonomy of the Member States? The chapter explores two specific constitutional principles that the European Court has derived from the general duty of sincere cooperation: the principle of equivalence and the principle of effectiveness. Both principles have led to a significant judicial harmonization of national procedural laws. The chapter then considers the State liability principle, and looks at the procedural bridge that exists between national courts and the European Court of Justice. From the very beginning, the European Treaties contained a mechanism for the interpretative assistance of national courts: the preliminary reference procedure.
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10. Judicial Powers I
(Centralized) European Procedures
This chapter highlights the ‘centralized’ powers of the Court of Justice of the European Union. It begins with an analysis of the Court’s annulment power. The power of judicial review is the founding pillar of a Union ‘based on the rule of law’. The chapter then moves to the remedial power of the European Court, and the question of when the Union legislative or executive branches will be liable to pay damages for an illegal action. It also investigates the Court’s power to adjudicate disputes between parties. In addition to a number of direct actions (direct actions start directly in the European Court), the EU Treaties also envisage an indirect action starting in the national courts: the preliminary reference procedure. This procedure is the central pillar of the Union’s cooperative federalism for it combines the central interpretation of Union law by the Court of Justice with the decentralized application of European law by the national courts.
Chapter
10. Judicial Powers I
(Centralized) European Procedures
This chapter highlights the ‘centralized’ powers of the Court of Justice of the European Union. It begins with an analysis of the Court's annulment power. The power of judicial review is the founding pillar of a Union ‘based on the rule of law’. The chapter then moves to the remedial power of the European Court, and the question of when the Union legislative or executive branches will be liable to pay damages for an illegal action. It also investigates the Court's power to adjudicate disputes between parties. In addition to a number of direct actions (direct actions start directly in the European Court), the EU Treaties also envisage an indirect action starting in the national courts: the preliminary reference procedure. This procedure is the central pillar of the Union's cooperative federalism for it combines the central interpretation of Union law by the Court of Justice with the decentralized application of European law by the national courts.
