The 1972 FTAs which the individual states of EFTA negotiated with the EEC in the light of impending accessions of the UK and Denmark (together with Ireland) contain no clause requiring courts of EFTA States to use Court of Justice interpretations of
EEC Treaty provisions when seeking to apply similarly-worded provisions of the relevant FTA in the cases before them.
The subject of the case was on the following two questions: whether article 12 of the
EEC Treaty has direct application within the territory of a member state, in other words, whether nationals of such state can, on the basis of the article in question, lay claim to individual rights which the courts must protect; the second question was whether the application of a duty, such was the case, represented an unlawful increase within the meaning of article 12 of the
EEC Treaty.
48) The CCJ noted that the ECJ grounded its decision on the principle of effectiveness and Article 5 of the
EEC Treaty, parallels of both of which existed under the Revised Treaty regime.
Article 100 (20) of the
EEC Treaty provides for harmonization mainly through EC directives issued by the European Council.
The European court recognised that the French rules constitute a restriction on the principle of free movement of capital, prohibited by the EEA treaty - and by EU law (Article 56 of the
EEC Treaty and the Elisa judgment of 2007), which is nevertheless not transposable to relations between the EU27 and non-EU states.
the restriction on the number of foreign players entitled to play for a professional football team to be a proscribed determination on grounds of nationality, a contravention of freedom of movement pursuant to Article 48 of the
EEC Treaty and a violation of Article 85 of the
EEC Treaty, in so far as nationals of Member States of the European Community are concerned.
In March 2007 the EU celebrates the 50th anniversary of the signing of the Treaties of Rome, the Euratom and
EEC Treaty, the latter being the one that launched the process of economic integration that ultimately led to the creation of a single market and a single currency in Europe.
The big question which could well resurface - and a highly controversial one at that - is the possibility of revising the Euratom Treaty, which was signed in Rome in 1957 together with the
EEC Treaty.
1) In the years that followed the
EEC Treaty, the Member States specifically focused on individual service components, including the legal profession and lawyers' freedom to provide legal services.
He has warned them that unless they see sense,he will be taking them to the European Court, under Article81of the
EEC Treaty which forbids anyone abusing their dominant market position for their own benefit.
Mike Hardiman, chief executive of the Carpet Foundation, said yesterday that concern had been expressed by the UK carpet industry about the possibility of illicit Belgian state aid in contravention of
EEC Treaty obligations.
Indeed, the original
EEC treaty did contain a few weak trace elements of a concern for human rights, although they were not thought of as such at the time.
