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Seminar on EC case-law

Seminar on EC case-law. Bedanna Bapuly Brno, 2007 October 22. EC case-law. effects of EC law EC law – domestic law – international law general principles of EC law protection of fundamental rights & freedoms interpretation of policy fields. Milchkontor. What procedure is at stake?

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Seminar on EC case-law

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  1. Seminar on EC case-law • Bedanna Bapuly • Brno, 2007 October 22

  2. EC case-law • effects of EC law • EC law – domestic law – international law • general principles of EC law • protection of fundamental rights & freedoms • interpretation of policy fields

  3. Milchkontor • What procedure is at stake? • Who enforces secondary EC law? • Which legal order governs the direct enforcement of EC law? • Which Communitarian rules are to be considered? • Can other principles of European Administrative Law develop? • Which legal order governs the recovery of illegal aid?

  4. Milchkontor • Which Communitarian principles are relevant? • What to take into consideration if there is discretion? • Is the preclusive time limit of § 48 VwVfG compatible with European principles? • Are legal expectations protected under EC law? • Which principleas are to be respected when applying provisions such as § 48?

  5. Zuckerfabrik • What is the relation between validity of a Regulation and the legal protection of individuals? • Which court decides on the invalidity of a Reglation? • What is the purpose of art 234 EC?

  6. Zuckerfabrik • May a domestic court grant interim relief and suspend the application of an act based on a Regulation? • Under what conditions may a national court grant interim relief? • What is the consequence of the principle of a uniform interpretation of EC law?

  7. Zuckerfabrik • How to secure the uniform application of interim relief by national courts? • Under what conditions may a suspension be granted? • What does the national court have to consider when deciding on a suspension?

  8. Peterbroeck • What is the principle of loyal cooperation? • The interrelation of supranational and national provisions? • What does the MS‘s legal system lay down? • How must procedural rules be designed?

  9. Peterbroeck • What must the national courts ensure? • Is it justifiable to deny to national courts the possibility to raise EC law on their own motion? • What is the freedom of establishment?

  10. Alcan • What is a state aid? • Who is cmpetent to decide on the legality of state aids? • What governs the recovery of illegal state aid? • What requirements do procedural rules have to fulfil?

  11. Alcan • What is the role of national authorities? • When does the national authority have to order recovery of illegal aids? • What if national law excludes recovery?

  12. Lucchini • What does res iudicata mean? • When does the ECJ not decide under art 234 EC? • Do national courts decide on the compatibility of aid? • Could Lucchini challenge the Decision of the COM?

  13. Lucchini • What is the task of the domestic court? • What happens to conflicting domestic law? • Who interpretes art 87, 88 EC? • Does the Decision of the COM or the national judgment prevail?

  14. 5.11.2007 • 29/69 Stauder • 44/79 Hauer • C-285/98 Tanja Kreil • 14/83, Von Colson, • C-450/93 Kalanke • C-122/96 Saldanha • C-370/90 Singh

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