ESSENTIAL EU LAW IN CHARTS

ESSENTIAL EU Law in Charts 4th edition

Christa Tobler Jacques Beglinger

Companion text: Essential EU Law in Text Webcompanion: http://www.eur-charts.eu/webcompanion Exercises and suggested solutions: http://exercises.eur-charts.eu EUR-Charts – The EU Law in Charts Project

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ESSENTIAL EU Law in Charts 4th edition

Christa Tobler Jacques Beglinger

Lap- és Könyvkiadó Kft. BUDAPEST, 2018

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HVG-ORAC Publishing House Ltd., 1037 Budapest, Montevideo u. 14., Hungary.

Telephone: + 36 1 340-2304 Website: www.hvgorac.hu © Christa Tobler, 2018 © Jacques Beglinger, 2018 © HVG-ORAC Lap- és Könyvkiadó Kft., 2018

ISBN: 978-963-258-394-5 4th edition 2018

Printed in Hungary by MULTISZOLG BT.

All charts were made with OmniGraffle Professional, the diagramming software by the Omni Group, Seattle WA, USA; www.omnigroup.com

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without prior permission from the publisher.

Companion text: Essential EU Law in Text, 2018, ISBN: 978-963-258-393-8 Webcompanion: http://www.eur-charts.eu/webcompanion

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PREFACE Following the entry into force of the Lisbon revision of the EU Treaties on 1 December 2009, we presented the second edition of the charts, together with a new companion text (“Essential EU Law in Text”), both of which were “Lisbon versions”, i.e. based on EU law as it resulted from the Lisbon revision and as then in force. In 2014, the third edition followed. Since then, further developments have taken place that mandate new editions of these works.

In the charts book, we have attempted to visualise law. Visualising law provides a very different perspective.

It gives an idea of what the blueprint of the edifice of Union law would look like. Not unlike architecture, the basic concepts seem misleadingly simple, but the challenge lies in establishing the connections between the concepts. That is what this book seeks to achieve. At the same time – like “real” blueprints – any picture of the law is an abstract simplification, and is no substitute for conventional methods of study. Just like an architect, who needs to know his or her building materials and how to use them properly, a lawyer needs to know the law, and needs to know how to interpret and apply general rules and principles to a specific case.

The idea behind the charts book is for students, in-house lawyers, and practitioners to benefit from a comprehensive set of charts illustrating the “core” of EU law in addition to the existing legal literature. This concept was developed through the combined professional experience of the authors, in academia and in legal practice. The charts contained in this book serve several different, though largely overlapping, purposes.

Firstly, the charts are intended as a learning tool. Most people tend to more easily understand (and memorise) complex or abstract concepts if presented with some form of visual aid. For students taking courses in EU law for the first time, charts are an excellent way of getting a broad overview of the various topics before going into the detail of the relevant case law and secondary legislation, thus making learning more effective. In particular for beginners in EU law, it is hoped the combined use of the charts with the companion text “Essential EU Law in Text” will be helpful. For those who have previously studied EU law, perhaps as part of the typical curriculum of a law degree, and are in need of a refresher course, a concise and systematic overview of the current state of EU law condensed into chart form mapping out developments and changes in the law should prove a very useful and handy resource, a “vade mecum” perhaps.

Secondly, these charts can be applied as a presentation tool. Whether lecturing EU law in a university, explaining an issue of EU law to a client or making a presentation before the board of directors of a company, visual tools can be extremely useful, and especially so in the (often complex) field of EU law.

The overall structure of this book is designed to guide the (uninitiated) reader towards a specific legal issue through “topic charts” and “decision trees”. In this way, the core of the vast body of primary EU law, secondary EU law, and case law of the European Court of Justice becomes accessible in a quick and practical way. For academics and practitioners who possess specialised knowledge of EU law, the decision trees provide a comprehensive checklist.

This project would not have been possible without the help of many people. Particular thanks go to Prof. Jean-Bernard Blaise who, a long time ago, initiated Jacques Beglinger at the Institut des Relations Internationales of the Université de Dijon, France, to the secret beauty of European Economic Community law (as it then was) and who, through his teaching, sparked the idea of presenting this area of law in a graphic manner in order to help students with their preparations for examinations. Two decades later, this idea has led to a tangible result in the form of the present book.

Regarding the contents of the charts, we are particularly grateful to Christa Tobler’s present and former colleagues at Leiden University for their help with specific issues or chapters in the various editions of this book, including in particular Prof. Dr. Stefaan Van den Bogaert, Prof. Christophe Hillion, Prof. Piet Jan Slot, Dr. Freya Baetens, Dr. Elsbeth Beumer, Dr. Bas van Bockel, Dr. Vestert Borger, Dr. Armin Cuyvers, Dr. Katja Heede, Dr. Narin Idriz, Dr. Darinka Piqani, Dr. Jorrit Rijpma, Dr. Ben Van Rompuy, Mr. Maarten Aalbers, Ms. Ilektra Antonaki, Mr. Daniel Carter, Mr. Wessel Geursen, Ms. Ay Ling Josaputra, Mr. Agis Karpetas, Ms. Lisa Louwerse, Ms. Meehea Park and Ms. Julia Rapp. We further received valuable input on the project from Prof. João Casqueira Cardoso of the University of Fernando Pessoa at Porto (Portugal), Dr. Ronald van Ooik of the University of Amsterdam, as well as from some of Christa Tobler’s former postgraduate 5

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Preface

students. We are also thankful to many friends active in law firms and corporate legal departments who through their continuous critical review and feedback on the draft work were instrumental in making this book despite its academic ambition into what is hopefully “easy reading” for busy international lawyers.

Helpful comments on the substance of the charts were also received from people who did other important work for the project. We were fortunate to have Mr. Stephen Moran, barrister-at-law from Ireland, as our language editor on the first three editions of the charts book (and also on the companion text, where for the third edition we also had help from Ms. Wendy Rodger). Mr. Moran had a tough job in ensuring the proper use of the English language in this work and in checking that the text indeed expresses what it is supposed to express. Moreover, being proficient in the book’s subject matter himself, his contribution went far beyond proofreading. With regard to the fourth edition of the books, we are very grateful to Ms. Sheena Bruce and Mr. Daniel Carter of the University of Leiden for the proofreading. We also wish to thank Ms. Olga Simonius-Korotcenko from Lithuania, Ms. Edna Boamah and Christa Tobler’s assistants at Basel University, Dr. Janine Dumont and Sebastian Meyer, for their valuable help with the tables of legislation and case law. Furthermore, we are very grateful to the Stiftung zur Förderung der rechtlichen und wirtschaftlichen Forschung an der Universität Basel for its generous contribution towards paying the costs of making those tables.

On the production side, we would like to thank our various (former) assistants in Zurich, and most particularly Dr. Ariane Ernst, Mr. Samuel Schweizer and Mr. Claudiu Antal, for the many hours dedicated to the fine-tuning of the graphic work.

We are extremely grateful to Dr. Ádám Frank, Ms. Éva Harkai and Mr. Zsolt Gábor of the publishing house HVG-ORAC in Budapest for taking on the task of publishing this book despite many challenges attributable to its special nature, including in particular the printing of documents prepared with complex software, rather than printing straight text as in most books and also for believing in a market for such a work. There is nothing like an entrepreneurial and innovative publisher!

Finally, we are grateful for the support of the Meijers Research Institute and Graduate School of Leiden University, for agreeing to be associated with the publication of this book and supporting it in other ways.

The present 4th edition of the book reflects the state of law on 1 July 2018. It provides a number of updates, including in particular a new part on withdrawal from the European Union under Art. 50 TEU and two introductory charts on data protection in the EU. Although we endeavoured to present this book free of mistakes, it is nonetheless inevitable that some remain. It is amazing how omissions have a way of concealing themselves from the eye of those who look at the manuscript of such a text. Indeed, only a few days before the submission of the final text of the first edition to HVG-ORAC we discovered the word “anti-dumpling regulation” (instead of anti-dumping) in the chapter dealing with enforcement. Obviously, the authors take responsibility for any remaining errors.

As with the previous editions, we plan to put updates and, if necessary, any corrections to the present book on the companion website, at http://www.eur-charts.eu/webcompanion. Even though a new Treaty revision is not expected any time soon, developments in EU secondary law and the ever-evolving case law of the Court of Justice will undoubtedly make updates necessary.

Both the charts and the text are products of the “EUR-Charts – EU Law in Charts” project. Information on this project can be found at www.eur-charts.eu.

We would like to dedicate this book to our respective families, in particular to our parents.

Christa Tobler Leiden and Basel

Jacques Beglinger Zurich

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NOTE TO USERS This book has been constructed in such a way that, in order to gain maximum benefit when studying, the charts should be read in conjunction with the relevant legislative provisions and case law as mentioned therein. All of these materials are easily available on the internet. Indeed, the book contains a specific chart on how to find information on the internet on the European Union (see Chart 1/14). Throughout the charts, cases are referred to merely by case name, and secondary legislative measures only by the measure’s number. Following the charts, this book contains a list of legislative and other measures as well as of cases.

In this list, further information is provided which can be used for finding the measure or case on the internet.

As far as secondary law is concerned, when indicating a measure that has been searched by submitting, for example, the document’s natural number, the database “EUR-Lex” provides not only the document’s text but also bibliographical information. Under that heading, the reader will see whether a given measure is still in force (“end of validity: 31/12/9999” indicates that the measure is still in force) or whether it has been corrected or amended since its adoption.

For an easy way to find recent decisions of the Court: on the website of the Court of Justice (http://curia. europa.eu), under “case law”, “search form” submit an empty search mask (i.e. return an empty search line) except for the period or date.

Finally, as part of our effort to achieve legal accuracy we would appreciate and indeed welcome any comments or criticisms pertaining to this work from interested readers (via http://www.eur-charts.eu).

Updates and corrigenda to this edition of the charts will be put online at the companion website, http://www.eur-charts.eu/webcompanion.

We hope that with this information the reader will find working with our charts both easy and useful.

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Outline table of contents Preface Note to users Outline table of contents Table of contents Table of abbreviations 1 INTRODUCTION 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 3 THE INSTITUTIONS 4 THE COMPETENCES OF THE EU 5 THE ADOPTION OF SECONDARY MEASURES 6 THE NATURE OF EU LAW 7 INTRODUCTION TO SUBSTANTIVE EU LAW 8 THE INTERNAL MARKET 9 COMPETITION LAW 10 SOCIAL LAW 11 LEGAL INTEGRATION 12 ENFORCEMENT Tables Index

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CHART PAGE

Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17

1 INTRODCUTION 1.1 EU law and Community law

European Union law (and Community law) 1|1 23 1.2 EU law and public international law

EU law as a special type of international law 1|2 24

A combination of traditional and original features 1|3 25

Signatory states’ basic obligations under international treaties 1|4 26 Implementation 1|5 27 Enforcement 1|6 28

Uniformity and diversity 1|7 29 1.3 The legal system of the EU

A multi-layered legal system 1|8 30

Legislation and case law 1|9 31 1.4 The substance of EU law

Aims of the European Union 1|10 32

Fundamental values 1|11 33

Sincere cooperation between the Member States and the EU 1|12 34 1.5 Practical issues

Language versions of EU law 1|13 35

Finding information about the EU and EU law on the internet 1|14 36 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 2.1 The European Communities

The historical background

International cooperation and plans for European integration

Attempts to create European Communities in different fields

Three European Communities

Groundwork for the subsequent European Union

Different approaches to European integration 2.2 The European Union

From the Communities to the Union

What’s in a name? From the “EEC” to the “EC”

The metaphor of a temple with three pillars

Structure of the original EU Treaty

The Amsterdam revision

The temple after the Amsterdam revision

Structure of the EU Treaty after the Amsterdam revision

Amsterdam renumbering

The Constitutional Treaty 2.3 Specifically: the Lisbon revision

The Lisbon revision

Content of the Lisbon Treaty

The Treaties and the Charter of Fundamental Rights before and after the Lisbon revision

Structure of the EU Treaty following the Lisbon revision

2|1 40 2|2 41 2|3 42 2|4 43 2|5 44 2|6 45 2|7 46 2|8 47 2|9 48 2|10 49 2|11 50 2|12 51 2|13 52 2|14 53 2|15 54 2|16 55 2|17 56 2|18 57 2|19 58 9

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Structure of the Treaty on the Functioning of the EU following the Lisbon revision

The European Union before and after the Lisbon revision

The EU following the Lisbon revision

Three fundamental texts of equal value

Lisbon renumbering 2.4 Membership, Treaty revisions, overview Membership

Accession to the Union

Withdrawal from the Union

Withdrawal procedure

Effects of withdrawal

Addressing issues raised by the withdrawal

Constitutional framework for the content of the agreements

Important Treaty revisions

Treaty revision procedures

International cooperation and European integration: an overview 3 THE INSTITUTIONS

The Union’s institutional framework

The seats of the institutions (and agencies)

Important institutional changes following the Lisbon revision of the Treaties

The European Council following the Lisbon Treaty

Other institutions of a political nature

Structure of the European Parliament

Structure of the Council of Ministers (“The Council”)

Structure of the European Commission

The office of the High Representative of the Union for Foreign Affairs and Security Policy

The Court of Justice of the European Union

Making law versus interpreting law

The European Central Bank

The Court of Auditors 4 COMPETENCES OF THE EU

Conferral of powers on the EU

Division of competences between the European Union and its Member States

Limits to the exercise of EU competences Legal basis provisions Content of legal basis provisions Comparison between Arts. 114 and 115 TFEU Implied powers of the EU Finding powers of the EU 5 THE ADOPTION OF SECONDARY MEASURES Secondary measures (or legal acts) of the Union Directives: time line Procedures: a historical perspective Legislative and non-legislative procedures Ordinary and specialised legislative procedures The ordinary legislative procedure according to Art. 294 TFEU Trilogue Qualified majority voting: the pre-Lisbon formula Qualified majority voting: the Lisbon formula The consultation procedure Non-legislative procedures Social law: involvement of the social partners (Arts. 154 and 155 TFEU) Legislative and non-legislative acts of the Union Delegation and implementation at the Union level Challenging the legal basis of a measure

CHART PAGE

2|20 59 2|21 60 2|22 61 2|23 62 2|24 63 2|25 64 2|26 65 2|27 66 2|28 67 2|29 68 2|30 69 2|31 70 2|32 71 2|33 72 2|34 73 3|1 75 3|2 76 3|3 77 3|4 78 3|5 79 3|6 80 3|7 81 3|8 82 3|9 83 3|10 84 3|11 85 3|12 86 3|13 87 4|1 89 4|2 90 4|3 91 4|4 92 4|5 93 4|6 94 4|7 95 4|8 96 5|1 99 5|2 100 5|3 101 5|4 102 5|5 103 5|6 104 5|7 105 5|8 106 5|9 107 5|10 108 5|11 109 5|12 110 5|13 111 5|14 112 5|15 113

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6 THE NATURE OF EU LAW 6.1 Primacy of EU law

Primacy or supremacy of EU law

Acceptance of primacy by the Member States 6.2 Direct effect of EU law

Direct effect as a doctrine based on case law

Vertical and horizontal direct effect

Conditions for direct effect 6.3 Special aspects relating to directives

Horizontal direct effect

Adverse effect of directives on individuals: triangular situations

Adverse effect of directives on individuals: incidental effect

Combined effect of a directive and a general principle / right under the Charter of Fundamental Rights

Effect of directives during their implementation period 6.4 Indirect effect and Member State liability

Absence of direct effect: indirect effect and Member State liability

Effect of general principles and the CFR in favour of individuals

The autonomy of Union law 7 INTRODUCTION TO SUBSTANTIVE EU LAW 7.1 Introduction to substantive law

EU actions and policies according to the TFEU

Substantive EU law: primary law and secondary law

The nucleus of substantive EU law

Economic integration in the EU

Economic and Monetary Union: an overview

The area of freedom, security and justice: an overview

Relations with the wider world: an overview

Outside the TFEU - the Common Foreign and Security Policy: an overview 7.2 “Overarching” substantive law

“Overarching” substantive law

General principles of EU law

Fundamental Rights Proportionality 7.3 Specifically: equality and non-discrimination

Equality / equal treatment and non-discrimination

Direct and indirect discrimination

Art. 18 TFEU: the general prohibition of discrimination on grounds of nationality

The concept of discrimination on grounds of nationality

Can discrimination under Art. 18(1) TFEU ever be justified?

7.4 Specifically: Union citizenship

Union citizenship: an overview

The importance of Art. 21(1) TFEU

Directive 2004/38: an overview

Directive 2004/38: movement and residence for EU citizens

Directive 2004/38: family rights

Directive 2004/38: derogations 7.5 Specifically: data protection

Data protection in the EU

The General Data Protection Regulation (GDPR) 8 THE INTERNAL MARKET 8.1 General issues The internal market: an overview Free movement: only cross-border cases Addressees of free movement rules Legal analysis of free movement cases 8.2 Free movement of goods

8.2.1 General issues What is a good?

CHART PAGE

6|1 116 6|2 117 6|3 118 6|4 119 6|5 120 6|6 121 6|7 122 6|8 123 6|9 124 6|10 125 6|11 126 6|12 127 6|13 128

7|1 7|2 7|3 7|4 7|5 7|6 7|7 7|8

131 132 133 134 135 136 137 138

7|9 7|10 7|11 7|12

139 140 141 142

7|13 7|14 7|15 7|16 7|17

143 144 145 146 147

7|18 7|19 7|20 7|21 7|22 7|23

148 149 150 151 152 153

7|24 154 7|25 155

8|1 161 8|2 162 8|3 163 8|4 164 8|5 165 11

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Free movement of goods: an overview Free movement of goods within the EU

8.2.2 Fiscal restrictions Decision tree: fiscal restrictions (Arts. 30 and 110 TFEU) Fiscal restrictions: an overview Customs duties Internal taxation of goods Prohibition of both discrimination and protection Direct and indirect discrimination under Art. 110 TFEU Relationship between Arts. 30 and 110 TFEU Goods from third countries and the customs union

8.2.3 Quantitative restrictions Quantitative restriction: distinctly and indistinctly applicable measures Decision tree: quantitative restrictions on imports (Arts. 34 and 36 TFEU) Quantitative restrictions on imports MEEQRs under Art. 34 TFEU: Dassonville MEEQRs under Art. 34 TFEU: Cassis de Dijon and the rule of reason MEEQRs under Art. 34 TFEU: Keck MEEQRs under Art. 34 TFEU: Towing Trailers Result: MEEQRs covered by Art. 34 TFEU Statutory derogations under Art. 36 TFEU Overall: “excuses” for the Member States under Arts. 34 and 36 TFEU Decision tree: quantitative restrictions on exports (Arts. 35 and 36 TFEU) Quantitative restrictions on exports MEEQRs under Art. 35 TFEU Free movement of goods from third countries Agricultural goods 8.3 Free movement of persons and services

8.3.1 General issues Persons and services: common features Persons and services: holders of rights and obligations Persons and services: free movement rights Persons and services: direct and indirect discrimination Persons and services: restrictions Persons and services: statutory derogations Persons and services: proportionality

8.3.2 Free movement of persons Free movement of persons: an overview Decision tree: free movement for workers (Arts. 45 TFEU et seq.)

Workers: relevant law Workers: scope Workers: rights Decision tree: freedom of establishment (Arts. 49 TFEU et seq.)

Establishment: relevant law Establishment: scope Establishment: rights Establishment and services: the need for facilitating legislation

8.3.3 Free movement of services Decision tree: free movement of services (Arts. 56 TFEU et seq.)

Services: relevant law Services: scope Services: rights Transport services Services and establishment: the so-called “Services Directive” Main substantive rules of the “Services Directive” Relationship between the provisions on workers, establishment and services

8.3.4 Professional qualifications and prudential supervision Professional qualifications: an overview Facilitating legislation on professional qualifications Qualification requirements as obstacles to free movement

CHART PAGE

8|6 166 8|7 167 8|8 168 8|9 169 8|10 170 8|11 171 8|12 172 8|13 173 8|14 174 8|15 175 8|16 176 8|17 177 8|18 178 8|19 179 8|20 180 8|21 181 8|22 182 8|23 183 8|24 184 8|25 185 8|26 186 8|27 187 8|28 188 8|29 189 8|30 190 8|31 191 8|32 192 8|33 193 8|34 194 8|35 195 8|36 196 8|37 197 8|38 198 8|39 199 8|40 200 8|41 201 8|42 202 8|43 203 8|44 204 8|45 205 8|46 206 8|47 207 8|48 208 8|49 209 8|50 210 8|51 211 8|52 212 8|53 213 8|54 214 8|55 215 8|56 216 8|57 217 8|58 218

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Prudential supervision: an overview Prudential supervision rules as obstacles to free movement 8.4 Free movement of capital Decision tree: free movement of capital (Arts. 63 TFEU et seq.)

Capital: relevant law Capital: scope Capital: rights Capital: derogations Capital: statutory derogation grounds and the grandfather clause Relationship between the provisions on capital and the other freedoms 8.5 Payments An overarching issue: payments 9 COMPETITION LAW 9.1 Introduction and overview Free competition and distortion of competition in EU law EU competition law: an overview 9.2 Rules relating to undertakings What is an undertaking?

Conduct of undertakings: the relevant market Comparison of Arts. 101 and 102 TFEU 9.3 Art. 101 TFEU: collusive conduct Decision tree: collusive conduct of undertakings (Art. 101 TFEU) Art. 101 TFEU: an overview Undertakings’ conduct under Art. 101(1) TFEU Effect on trade between the Member States Appreciability of the effect on trade Object or effect in relation to competition The de minimis rule regarding effect on competition Restrictions of competition “by object” Result: two distinct issues of appreciability Examples mentioned in Art. 101(1) TFEU Exemptions from Art. 101(1) TFEU Block exemptions: the example of vertical restraints Individual exemption under Art. 101(3) TFEU 9.4 Art. 102 TFEU: Abuse of dominance/a dominant position Decision tree: abuse of a dominant position (Art. 102 TFEU) Art. 102 TFEU: an overview The relevant market Dominance: decisive power in the relevant market The abuse of a dominant position 9.5 Enforcement of Arts. 101 and 102 TFEU Enforcement of Arts. 101 and 102 TFEU Application of Arts. 101 and 102 TFEU: allocation of competences Initiatives for action by the Commission Powers of investigation Commission proceedings Finding of the Commission 9.6 Merger control (Regulation 139/2004) Decision tree: merger control Scope of the Merger Regulation Merger control procedure Examination of the notification Appraisal of mergers 9.7 Undertakings with a special position under national law Art. 106 TFEU: undertakings with a special position under national law Services of general economic interest 9.8 Mixed situations

Mixed situations: Art. 4(3) TEU, Protocol No 27 and Arts. 101 or 102 TFEU

CHART PAGE

8|59 219 8|60 220 8|61 221 8|62 222 8|63 223 8|64 224 8|65 225 8|66 226 8|67 227 8|68 228

9|1 233 9|2 234 9|3 235 9|4 236 9|5 237 9|6 238 9|7 239 9|8 240 9|9 241 9|10 242 9|11 243 9|12 244 9|13 245 9|14 246 9|15 247 9|16 248 9|17 249 9|18 250 9|19 251 9|20 252 9|21 253 9|22 254 9|23 255 9|24 256 9|25 257 9|26 258 9|27 259 9|28 260 9|29 261 9|30 262 9|31 263 9|32 264 9|33 265 9|34 266 9|35 267 9|36 268 9|37 269

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Table of contents

9.9 State aid Decision tree: state aid (Art. 107 TFEU) Art. 107 TFEU: an overview The term “state aid�

Effect on trade and on competition Derogations Compensation for public service obligations and state aid System of prior notification and examination of aid State aid control procedure 9.10 Private enforcement Private enforcement 10 SOCIAL LAW 10.1 Overview The social policy title: an overview EU social law: an overview 10.2 Development of social law The social perspective of the EEC The development of secondary social law of the EEC The introduction of specific legal basis provisions Result: secondary law based on different legal bases 10.3 Non-discrimination in social law Decision tree: discrimination cases Scope of non-discrimination legislation Multiple discrimination Forms of discrimination Indirect discrimination: an overview Distinguishing direct and indirect discrimination Same and different treatment General principles of equality, equal treatment and non-discrimination Enforcement of non-discrimination law 10.4 Social security law Social security law: an overview Coordination of national social security systems Non-discrimination in EU social security law 11 LEGAL INTEGRATION Negative and positive integration The Cassis de Dijon principle and the need for harmonisation Negative and positive integration: examples Integration techniques in the EU Harmonisation: an overview Scope of harmonising law Degree or type of harmonisation Free trade where there is room for action for the Member States 12 ENFORCEMENT 12.1 General issues National courtsand the CJEU: cooperation and division of tasks Procedures and arguments: an overview In the absence of specific EU law: equivalence and effectiveness Jurisdiction of the different levels of the CJEU 12.2 Direct procedures

12.2.1 Action for annulment Action for annulment: an overview Admissibility: applicants Admissibility: reviewable acts Admissibility: reviewable acts and non-privileged applicants Admissibility: direct and individual concern Admissibility: time-limits

CHART PAGE

9|38 270 9|39 271 9|40 272 9|41 273 9|42 274 9|43 275 9|44 276 9|45 277 9|46 278

10|1 281 10|2 282 10|3 283 10|4 284 10|5 285 10|6 286 10|7 287 10|8 288 10|9 289 10|10 290 10|11 291 10|12 292 10|13 293 10|14 294 10|15 295 10|16 296 10|17 297 10|18 298 11|1 300 11|2 301 11|3 302 11|4 303 11|5 304 11|6 305 11|7 306 11|8 307

12|1 311 12|2 312 12|3 313 12|4 314 12|5 315 12|6 316 12|7 317 12|8 318 12|9 319 12|10 320

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Annulment grounds Effect of the annulment judgment

12.2.2 Action for failure to act Action for failure to act: an overview Admissibility: applicants

12.2.3 Infringement procedure Infringement procedure: an overview First round: pre-litigation phase First round: judicial phase Second round 12.3 Indirect procedure: preliminary ruling Preliminary ruling: an overview Admissibility: two types of questions Admissibility: national courts and tribunals Admissibility: rights and duties of national courts Admissibility: right of the CJEU to refuse Simplified, expedited and urgent preliminary rulings The ruling 12.4 The argument of illegality Plea of illegality 12.5 Liability

12.5.1 EU liability Liability of the EU Non-contractual liability of the EU: an overview Conditions Illegality of the Union act A special case: the action for unjust enrichment

12.5.2 Member State liability Non-contractual liability of the Member States: an overview Conditions 12.6 The protection of individuals’ rights

Specifically: the protection of individuals’ rights Remedies and sanctions: specific EU law Remedies and sanctions: general requirements

CHART PAGE

12|11 321 12|12 322 12|13 323 12|14 324 12|15 325 12|16 326 12|17 327 12|18 328 12|19 329 12|20 330 12|21 331 12|22 332 12|23 333 12|24 334 12|25 335 12|26 336 12|27 337 12|28 338 12|29 339 12|30 340 12|31 341 12|32 342 12|33 343 12|34 344 12|35 345 12|36 346

Tables 347 Table of Treaties, Charter of Fundamental Rights, Protocols and Declarations 347 Table of secondary EU law 349 Table of decisions 354 Table of „soft law“ 355 Table of other documents 357 Table of case law 357 Index 388

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Abbreviations AFSJ Area of freedom, security and justice AG Advocate(s)-General AGRI Agriculture and Rural Development ALDE Group of the Alliance of Liberals and Democrats for Europe Art. (Arts) Article(s) Benelux Belgium, Luxembourg, the Netherlands BUDG Commission DG: Budget (Commission DG) C C series (Official Journal: information and notices) CC 1) Conciliation Committee, 2) Customs Code CCP Common Commercial Policy CCT Common Customs Tariff CETA Comprehensive Economic and Trade Agreement CFI Court of First Instance (previous name of the General Court) CFR Charter of Fundamental Rights of the European Union CFSP Common Foreign and Security Policy CIF price Cost Insurance Freight price CJEU Court of Justice of the European Union CMLR Common Market Law Reports CMO Common Market Organisation CLIMA Commission DG: Climate Action (Commission DG) COM Commission Document COMM Commission DG: Communication (Commission DG) COMP Commission DG: Competition (Commission DG) CONNECT Commission DG: Communications Networks, Content and Technology (Commission DG) COREPER French: Comité de Représentants Permanents (Committee of the Permanent Representatives) CP Common Position CSCE Conference for Security and Co-operation in Europe CST Civil Service Tribunal DEVCO International Cooperation and Development (Commission DG) DG Directorate(s) General DGT Translation (Commission DG) DIGIT Informatics (Commission DG) EA Euratom Treaty (pre-Lisbon) EAC Education, Youth, Sport and Culture (Commission DG) EAEC European Atomic Energy Community (Euratom) EC European Community, European Communities; in relation to Treaty articles (pre-Lisbon): EC Treaty ECB European Central Bank ECFIN Economic and Financial Affairs (Commission DG) ECHO European Civil Protection and Humanitarian Aid Operations (Commission DG) ECHR European Convention on Human Rights ECtHR European Court of Human Rights ECLI European Case Law Identifier ECR European Court Reports ECR The European Conservatives and Reformists Group ECSC European Coal and Steel Community EFD Europe of Freedom and Direct Democracy Group EEA European Economic Area EEA European Environment Agency EEAS European External Action Service EEC European Economic Community 17

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Abbreviations

EFSA European Food Safety Authority EFSF European Financial Stability Facility EFSM European Financial Stabilisation Mechanism EFTA European Free Trade Association e.g. Latin: exempli gratia (for example) EIGE European Institute for Gender Equality EMA European Medicines Agency EMPL Employment, Social Affairs and Inclusion (Commission DG) EMU Economic and Monetary Union ENER Energy (Commission DG) ENF Europe of Nations and Freedom Group ENP European Neighbourhood Policy ENV Environment (Commission DG) EP European Parliament EPP Group of the European People’s Party ESM European Stability Mechanism et seq.

Latin: et sequentia (and the following) etc. Latin: et cetera (and others) EU European Union; in relation to Treaty articles (pre-Lisbon): EU Treaty EUIPO European Intellectual Property Office EUROPOL European Union Agency for Law Enforcement Cooperation EUROSTAT Eurostat - European statistics (Commission DG) FISMA Financial Stability, Financial Services and Capital Markets Union (Commission DG) FRA Fundamental Rights Agency Frontex European Border and Coast Guard Agency GATT General Agreement on Tariffs and Trade GC General Court GROW Internal Market, Industry, Entrepreneurship and SMEs (Commission DG) GUE/NGL Confederal Group of the European United Left – Nordic Green Left HR Human Resources and Security (Commission DG) HR FASP High Representative for Foreign Affairs and Security Policy i.e.

Latin: id est (that is) IGC Intergovernmental Conference IMF International Monetary Fund incl. including Incoterms International Commercial Terms JHA Justice and Home Affairs JRC Joint Research Centre (Commission DG) JUST Justice and Consumer (Commission DG) L L series (Official Journal: legislation) MARE Maritime Affairs and Fisheries (Commission DG) MEEQR measures having an equivalent effect to quantitative restrictions MEP Member of the European Parliament MiFID Markets in Financial Instruments MIP Macro-economic imbalances procedure MOVE Mobility and Transport (Commission DG) MTOs Mid-term budgetary objectives NATO North Atlantic Treaty Organization NB Latin: nota bene (pay attention, take notice) NCA national competition authorities NEAR European Neighbourhood Policy and Enlargement Negotiations (Commission DG) No number n.y.r. not yet reported OECD Organisation for Economic Co-operation and Development OEEC Organisation for European Economic Co-operation OJ Official Journal of the European Union OSCE Organization for Security and Co-operation in Europe PJCCM Police and Judicial Cooperation in Criminal Matters PPU French: Procédure préliminaire urgente (urgent preliminary ruling) R&D Research and Development REACH Registration, Evaluation, Authorisation and Restriction of Chemicals REFIT Regulatory Fitness 18

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Abbreviations

REGIO Regional and Urban Policy (Commission DG) RPS Regulatory procedure with scrutiny RQMV Reverse Qualified Majority Voting RTD Research and Innovation (Commission DG) S&D Group of the Progressive Alliance of Socialists and Democrats SANTE Health and Food Safety (Commission DG) SCIC Interpretation (Commission DG) SIEC Significant Impediment for Effective Competition SGEI Services of general economic interest SGI Services of general interest SSNIP Small but Significant Non-transitory Increase in Price SWD Staff Working Document TEU Treaty on European Union (post-Lisbon) TAXUD Taxation and Customs Union (Commission DG) TRADE Trade (Commission DG) TFEU Treaty on the Functioning of the European Union (post-Lisbon) UK United Kingdom of Great Britain and Northern Ireland UN United Nations UNASUR Union of South American Nations v Latin: versus (against) VAT Value added tax Verts/ALE Group of the Greens/Free Alliance

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