Web-Companion "Essential EU Law in Charts"

Order: Subscribe to RSS feed
Details... Dear Reader of "Essential EU Law in Charts, 3rd edition, 2014". Please take note of the following updates and corrigenda:

Typographic error | p. 028

Page: 028 Chart Number: 1/8 Chart Title: A multi-layered legal system

The text in the upper part of the Chart, above the three boxes, must read:

Case law of the CJEU

In particular explanations on the meaning of EU law (Art. 19(1) TEU); see Chapter 12

 

Published: 5 September 2014

Update | p. 034

Page: 034 Chart Number: 1/14 Chart Title: Finding information about the EU and EU law on the internet

The box on the third row on the right hand side on “Useful basic information on EU subject matters“ must read:

· The European Parliament’s factsheets: http://www.europarl.europa.eu/atyourservice/en/displayFtu.html

 

The box on the fourth row on the right hand side on “Useful basic information on EU subject matters“ must read:

· For EU law in force: EUR-Lex, http://eur-lex.europa.eu
· Summaries of EU legislation: http://eur-lex.europa.eu/browse/summaries.html?locale=en
· For the process of revising existing legislation or making new legislation:  http://eur-lex.europa.eu/collection/legislative-procedures.html

Published: 12 July 2015

Update | p. 062

Page: 062 Chart Number: 2/25 Chart Title: Membership

The text in the lower part of the page under the box “Candidate States and applicants” on “Candidate States” must read:

EU and Euratom

Candidate States: Albania,    Montenegro, Macedonia, Serbia, Turkey

Potential Candidate States: Bosnia-Herzegovina and Kosovo (_ the non-active application for membership by Switzerland was formally withdrawn in July 2016)

 

Add a new box and new text above the box entitled “Outside the EU: EFTA and EEA States”:

Withdrawal (Art. 50 TEU)

????

EU and Euratom

UK (23 June 2016: advisory referendum in favour of withdrawal; the withdrawal procedure under Art. 50 TEU was triggered on 29 March 2017); see Charts 2/25a – 2/25e

 

The “Brexit” Charts 2/25a – 2/25e are available for download here.

Published: 4 September 2017

Update | p. 068

Page: 068 Chart Number: 3/2 Chart Title: The seats of the institutions (and agencies)

The lower part of the chart, entitled “Seats of some agencies”, must read:

 

Seats of some agencies

European Union Agency for Law Enforcement Cooperation (Europol) The Hague, the Netherlands
European Intellectual Property Office (EUIPO) Alicante, Spain
European Border and Coast Guard Agency (Frontex) Warsaw, Poland
European Environment Agency (EEA) Copenhagen, Denmark
European Food Safety Authority (EFSA) Parma, Italy
European Medicines Agency (EMA) London, UK
European Fundamental Rights Agency (FRA) Vienna, Austria
European Institute for Gender Equality (EIGE) Vilnius, Lithuania

 

 

Note:
In the context of Brexit, the EU agencies presently located in the UK (i.e. the above-mentioned EMA as well as the EBA (European Banking Authority) will be relocated.

Published: 21 October 2017

Update | p. 069

Page: 069 Chart Number: 3/3 Chart Title: Important institutional changes following the Lisbon revision of the Treaties

The box in the 5th row must read:

More Advocates-General (AG); see Chart 3/10:

If the CJEU requests an increase by three AGs (from eight to eleven), the Council (of Ministers) will, acting unanimously, agree on such an increase; Declaration No 38. In 2013, one additional AG was appointed and in 2015 two additional AGs ; Decision 2013/336.

Published: 17 April 2016

Update | p. 072

Page: 072 Chart Number: 3/6 Chart Title: Structure of the European Parliament

The box in the 3rd row must read:

The other Members of the European Parliament (MEP), 2009-2014

750 additional members, elected by the peoples of all Member States in direct elections, based on a proportional representation system, for five years. There is no uniform election procedure yet (see Art. 223(1) TFEU).

Distribution of seats:

Germany 96
France 74
United Kingdom, Italy 73 each
Spain 54
Poland 51
Romania 32
The Netherlands 26
Belgium, Czech Republic,Hungary, Greece, Portugal 22 each
Sweden 20
Austria 18
Bulgaria 17
Denmark, Finland, Slovakia 13 each
Croatia, Ireland, Lithuania 11 each
Latvia, Slovenia 8 each
Cyprus, Estonia, Luxembourg, Malta 6 each

 

On the right to vote in special territories of the Member States, see e.g. Spain v UK (2006), concerning the UK and Gibraltar; Eman and Sevinger (2006), concerning the Netherlands and Aruba.

 

The box in the last row must read:

Political groups in the European Parliament

The MEPs sit in political groups (fractions), based on their chosen political affiliation. There are currently eight political groups:

Group of the European People’s Party (Christian Democrats);
Group of the Progressive Alliance of Socialists and Democrats in the EP;
Group of the Alliance of Liberals and Democrats for Europe;
Group of the Greens/European Free Alliance;
European Conservatives and Reformists;
Confederal Group of the European United Left – Nordic Green Left;
Europe of Freedom and Democracy Group;
Europe of Nations and Freedom (new since 2015).

Published: 12 July 2015

Update | p. 074

Page: 074 Chart Number: 3/8 Chart Title: Structure of the European Commission

The box in the 3rd row entitled “College of Commissioners” must read:

College of Commissioners

• 1 Commissioner per Member State (see Chart 3/3), including the President and the HR FASP who is one of the Vice-Presidents (see Chart 3/9);
• Must be citizens of EU Member States.

Entire body must be approved, together with the president, by the European Parliament, which can reject candidates. Formal election by the European Council for a five year term.

In the 2014-2019 Commission, there are 7 Vice Presidents, including a First Vice President. The Commissioners work in project teams, each of which is led by a Vice President.

 

Published: 12 July 2015

Update | p. 076

Page: 076 Chart Number: 3/10 Chart Title: The Court of Justice of the European Union

The box in the 2nd row on the left hand side entitled “Specialised courts” must read:

Specialised courts

Formerly: Civil Service Tribunal (CST, formerly a panel of the CFI). Dissolved by September 2016; Regulation 2015/2422.

 

The box in the 4th row on the left hand side must read:

Until August 2016: 8 judges (plus_ 2 temporary judges)

 

The box in the 4th row in the middle must read:

To be determined by the Statute of the Court of Justice; at present 44 judges   (May 2017); Regulation 2015/2422.

 

The box in the 4th row on the right hand side must read:

At least 1 judge per Member State, at present 28 judges; plus    11 Advocates-General   ; see Chart 3/3

 

Published: 14 May 2017

Typographic error | p. 085

Page: 085 Chart Number: 4/5 Chart Title: Content of legal basis provisions

In the forth row, the box on the right hand side should read:

E.g.
·  Art. 153(2)(b) TFEU: directives only;
·  Art. 352 TFEU: “measures” in a general sense (compare however Chart 4/3, regarding proportionality).

Published: 15 November 2014

Typographic error | p. 086

Page: 086 Chart Number: 4/6 Chart Title: Comparison between Arts. 114 and 115 TFEU

In the seventh row, the box on the right hand side should read:

Not indicated, therefore to be decided by the institutions (compare however Chart 4/3, regarding proportionality).

Published: 15 November 2014

Update | p. 087

Page: 087 Chart Number: 4/7 Chart Title: Implied powers of the EU

In the row at the bottom, the box on the left hand side should read:

Post-Lisbon, Art. 216(1) TFEU provides:
“The Union may conclude an agreement with one or more third countries or international organizations where the Treaties so provide or where the conclusion of an agreement is necessary in order to achieve […] one of the objectives referred to in the Treaties, or is provided for in a legally binding Union act or is likely to affect common rules or alter their scope.”

See Opinion 2/15 (Singapore Agreement)

Published: 1 July 2017

Update | p. 093

Page: 093 Chart Number: 5/4 Chart Title: Ordinary and special legislative procedures

The last box in the fourth row on the right hand side must read:

EP is consulted, Council disposes. Adoption of the act (usually) requires a unanimous vote; see Chart 5/9.

E.g.:

  • Art. 113 TFEU: harmonization of legislation concerning indirect taxation; _
  • Art. 115 TFEU: general legal basis.

The box in the fifth row on the right hand side must read:

Role of Commission and Council depends on the legal basis provision; EP must give its consent.

E.g.:

  • _ Art. 19(1) TFEU: combating certain types of discrimination; _
  • Art. 352 TFEU: general legal basis.

The last box, entitled “Notes:”, must read:

Notes:

  • The procedure is the ordinary or a special legislative procedure only if the legal provision indicates this in explicit terms; e.g. not in the case of Art. 78(3) TFEU; Slovakia and Hungary v Council (2017).
  • Only in the case of these procedures must certain obligations be complied with, relating, e.g. to the participation of national parliaments (see Chart 4/3) and public meetings of the Council.
  • For certain areas, the TFEU provides for so-called “emergency brakes” leading to a suspension of the legislative procedure where important/fundamental aspects of the national system are affected; e.g. Art. 48 TFEU (social security law), Arts. 82(3) and 83(3) TFEU (criminal law), Art. 87(3) TFEU (police cooperation). _
Published: 9 October 2017

Typographic error | p. 097

Page: 097 Chart Number: 5/8 Chart Title: Qualified majority voting: the Lisbon formula

In the forth row, the box on the left hand side should read:

55% of the members of the Council

55% of the Member States must approve, in some cases 72% (Art. 238(2) TFEU).

Published: 15 November 2014

Update | p. 101

Page: 101 Chart Number: 5/12 Chart Title: Legislative and non-legislative acts of the Union

The box in the fifth row on the left hand side, entitled “Institutions involved”, must read:

Institutions involved and procedure used: EP and Council in a legislative procedure.

Accordingly, any act adopted by another procedure is not a “legislative” act, even where both the EP and the Council were involved; Slovakia and Hungary v Council (2017).

Published: 9 October 2017

Typographic error | p. 106

Page: 106 Chart Number: 6/3 Chart Title: Direct effect as a doctrine based on case law

The box in the fifth row at the right hand side should read:

Two negative examples:

  • Dahms (2005): a provision in a regulation stating that awards and medals may be featured on the labels of table wines does not grant rights to individual consumers/traders;
  • Casteels (2011): Art. 48 TFEU (legal basis provision; see Chart 8/48).
Published: 10 October 2016

Typographic error | p. 114

Page: 114 Chart Number: 6/11 Chart Title: Absence of direct effect: indirect effect and Member State liability

The box in the third row should read:

Methods to protect individuals’ rights in such a situation:

Published: 15 November 2014

Typographic error | p. 119

Page: 119 Chart Number: 7/3 Chart Title: The nucleus of substantive EU law

The box in the third row on the left hand side must read:

Arts. 20 TFEU et seq.

In particular Art. 21(1) TFEU (movement and residence); see Chart 7/19

Published: 21 February 2015

Typographic error | p. 121

Page: 121 Chart Number: 7/5 Chart Title: Economic and Monetary Union: an overview

The box at bottom on the left hand side must read:

Some important aspects:

• Coordination of their economic policies by the Member States;
• Obligation of the Member States to avoid or correct excessive government deficits, Art. 126 TFEU, further specified in Protocol No 12 and in the corrective part of the Stability and Growth Pact, laid down notably in Regulation 1467/97 (as last amended by Regulation 1177/2011); Deficit Procedure (2004);
• Obligation to reach medium-term budgetary objectives (MTOs), Art. 121 TFEU, further specified in the preventive part of the Stability and Growth Pact, laid down notably in Regulation 1466/97 (as last amended by Regulation 1175/2011);
• Macro-economic imbalances procedure (MIP), Arts. 121 and 136 TFEU (in so far as they specifically concern euro area Member States), further specified in Regulations1174/2011 and 1176/2011;
• Specific provisions on enhancing budgetary surveillance and addressing financial stability risks for euro area Member States, Arts. 121 and 136 TFEU, further specified in Regulations 1173/2011, 472/2013 and 473/2013;
• A permanent European Stability Mechanism (ESM), Art. 136(3) TFEU (see Chart 2/27), ESM Treaty (signed in February 2012 by the euro area Member States, in force since 27 September 2012); Pringle (2012). The ESM replaces the provisional European Financial Stabilisation Mechanism (EFSM; adopted on the basis of Art. 122(2) TFEU, Regulation 407/2010) and the European Financial Stability Facility (EFSF; created by the euro Member States under Luxembourg law);
• Treaty on Stability, Coordination and Governance (TSCG, including the so-called “Fiscal Compact”; signed in March 2012 by 25 of the then 27 Member States; in force since 1 January 2013).

Published: 15 November 2015

Update | p. 127

Page: 127 Chart Number: 7/11 Chart Title: Fundamental Rights

The box in the fourth row in the middle must read:

The European Convention on Human Rights (ECHR) …

The Convention is an instrument of the Council of Europe (see Chart 2/3).

According to Art. 6(2) TEU, the EU shall accede to the ECHR; see also Protocol No 8; _ Opinion 2/13 on the draft accession agreement.

Published: 10 June 2017

Update | p. 136

Page: 136 Chart Number: 7/20 Chart Title: Directive 2004/38: movement and residence for EU citizens

The box at the very bottom must read:

Notes:

•  These rights are subject to derogations under Arts. 27: public policy, security and health; see Chart 7/22.

•  The Directive only applies to persons who have exercised free movement rights, Art. 3(1); McCarthy (2011).

Published: 10 June 2017

Typographic error | p. 141

The following entries should read:

MEEQRs under Art. 34 TFEU: Dassonville

In Dassonville, the CJEU gave a very broad definition of the term “measures having an effect equivalent to quantitative restrictions on imports” (MEEQR) under Art. 34 TFEU.
8|19 162
MEEQRs under Art. 34 TFEU: Keck
In Keck, the CJEU held that, within the category of indistinctly applicable measures, a distinction must be made between product rules and selling rules. Certain selling arrangements are never covered by Art. 34 TFEU, and are independent of mandatory requirements.
8|21 164
MEEQRs under Art. 34 TFEU: Towing Trailers
In Towing Trailers, the CJEU provided a more detailed definition of what an MEEQR is under Art. 34 TFEU.
8|22 165
Result: MEEQRs covered by Art. 34 TFEU
As a result of the CJEU case law, the term “MEEQR” covers both distinctly applicable measures and indistinctly applicable measures, though the latter are only covered under certain conditions. Certain selling arrangements are never covered.
8|23 166

 

Published: 15 November 2014

Typographic error | p. 158

Page: 158 Chart Number: 8/15 Chart Title: Goods from third countries and the customs union

The box in the 3rd row must read:

Detailed rules may be found in the EU Customs Code (CC), Regulation 952/2013 and its implementing legislation, with a fundamental distinction being made between “EU goods” and “Non-EU goods”:

 

The title of the box in the 4th row on the left hand side must read:

“EU goods”, Art. 5(23) CC

[…]

 

The title of the box in the 4th row on the right hand side must read:

“Non-EU goods”, Art. 5(24) CC

[…]

 

 

The title of the box in the 6th row on the left hand side must read:

Preferential origin
Art. 64 CC

[…]

 

The title of the box in the 6th row in the middle must read:

Non-preferential origin
Art. 59-61 CC

[…]

 

The title of the box in the 6th row on the right hand side must read:

Transaction value
Art. 69 et seq.

[…]

Published: 14 May 2017

Typographic error | p. 162

Page: 162 Chart Number: 8/19 Chart Title: MEEQRs under Art. 34 TFEU: Dassonville

The topic sentence should read:

In Dassonville, the CJEU gave a very broad definition of the term “measures having an effect equivalent to quantitative restrictions on imports” (MEEQR) under Art. 34 TFEU.

Published: 15 November 2014

Typographic error | p. 164

Page: 164 Chart Number: 8/21 Chart Title: MEEQRs under Art. 34 TFEU: Keck

The topic sentence should read:

In Keck, the CJEU held that, within the category of indistinctly applicable measures, a distinction must be made between product rules and selling rules. Certain selling arrangements are never covered by Art. 34 TFEU, and are independent of mandatory requirements.

Published: 15 November 2014

Typographic error | p. 165

Page: 165 Chart Number: 8/22 Chart Title: MEEQRs under Art. 34 TFEU: Towing Trailers

The topic sentence should read:

In Towing Trailers, the CJEU provided a more detailed definition of what an MEEQR is under Art. 34 TFEU.

Published: 15 November 2014

Typographic error | p. 166

Page: 166 Chart Number: 8/23 Chart Title: Result: MEEQRs covered by Art. 34 TFEU

The topic sentence should read:

As a result of the CJEU case law, the term “MEEQR” covers both distinctly applicable measures and indistinctly applicable measures, though the latter are only covered under certain conditions. Certain selling arrangements are never covered.

Published: 15 November 2014

Update | p. 172

Page: 172 Chart Number: 8/29 Chart Title: Free movement of goods from third countries

The box in the 3rd row on the right hand side, entitled “In the absence of treaties: unilateral EU law” must read:

In the absence of treaties: unilateral EU law

• Regulation 2015/755 (state-trading countries);
• Regulation 2015/478 (WTO countries);
• Regulation 2015/936 (textiles).

This legislation only concerns the external aspect of trade (import into, not marketing within, the EU); Carbone (2002).

Published: 14 May 2017

Update | p. 173

Page: 173 Chart Number: 8/30 Chart Title: Agricultural goods

The box in the 4th row on the right hand side, entitled “The Common Market Organisation (CMO) as the most common instrument: Art. 40(1)(c) TFEU” must read:

The Common Market Organisation (CMO) as the most common instrument: Art. 40(1)(c) TFEU

Typically characterised by price regulation, production rules, intervention mechanisms, import and export regimes.

E.g.:

  • The banana dispute: WTO panel decisions; numerous CJEU decisions, in particular the Bananas WTO case (1995);
  • Critique on the sugar regime: Court of Auditors Sugar Report; WTO panel decision; see Chart 3/13.

There used to be 21 CMOs covering specific products. The first Single CMO, Regulation 1234/2007 _  , was subsequently replaced by Regulation 1308/2013.

Published: 1 May 2016

Typographic error | p. 175

Page: 175 Chart Number: 8/32 Chart Title: Persons and services: holders of rights and obligations

The box in the 3rd row on the left hand side entitled “Family rights” must read:

Family rights

Family members entitled to derived family rights (see Chart 7/21) may be nationals of third countries.

 

Published: 21 February 2015

Typographic error | p. 183

Page: 183 Chart Number: 8/40 Chart Title: Workers: relevant law

The box in the 4th row on the left hand side entitled “Movement and residence” must read:

Movement and residence:

• Originally Directive 68/360, Regulation 1251/70;
• Subsequently Directive 2004/38, Regulation 635/2006.

See Chart 7/20

 

In the 5th row in the middle, underneath the box entitled “Family rights”, a new box must be added:

For the children of migrating workers, see also Art. 10 of Regulation 492/2011 (educational, apprenticeship and vocational training courses).

Published: 13 July 2015

Typographic error | p. 185

Page: 185 Chart Number: 8/42 Chart Title: Workers: rights

The box in the third row on the left hand side entitled “Non-discrimination/equal treatment on grounds of nationality ” must read:

Non-discrimination/equal treatment on grounds of nationality

Art. 45(1) and (2) TFEU, Arts. 1-10 of Regulation 492/2011: right to equal treatment in relation to various areas; e.g.:
Eligibility for employment;
• Remuneration and other conditions;
• Dismissal (including reinstatement and reemployment);
• Social advantages;
• Tax advantages;
• Access to vocational schools and training centres;
• Membership of trade unions and the resultant rights;
• Housing, including property ownership;
• Access to educational, apprenticeship and vocational training for children.

Published: 15 November 2015

Typographic error | p. 203

Page: 203 Chart Number: 8/60 Chart Title: Decision tree: free movement of capital (Arts. 63 EC et seq.)

The Title of the Chart must read:

Decision tree: free movement of capital (Arts. 63 TFEU et seq.)

Published: 21 February 2015

Typographic error | p. 210

Page: 210 Chart Number: 8/67 Chart Title: An overarching issue: payments

The box in the 4th row on the left hand side, entitled “Payments between Member States”, must read:

Payments between Member States

This element is a corollary to free movement; e.g. of goods or services; see already Luisi and Carbone (1984).

But: subject to the special derogation grounds and grandfather clause in the Treaty chapter on capital and payments.

Published: 13 July 2015

Update | p. 230

Page: 230 Chart Number: 9/16 Chart Title: Exemptions from Art. 101(1) TFEU

The box in the third row at the right hand side must read:

Block exemption regulations

  • Vertical restraints: Regulation 330/2010, with Commission Guidelines (2010); see Chart 9/17;
  • Research and development: Regulation 1217/2010, with Commission Guidelines on horizontal co-operation agreements (2011);
  • Specialisation agreements: Regulation 1218/2010, with Commission Guidelines on horizontal co-operation agreements (2011);
  • Technology transfer: Regulation 316/2014, with a Commission Notice (2014);
  • Motor vehicle distribution: Regulation 461/2010, with Commission Guidelines on Vertical Restraints (2010) and Supplementary Guidelines on motor vehicles (2010);
  • Insurance: Regulation 267/2010 (no longer in force), with an Explanatory Communication from the Commission (2010);
  • Liner shipping: Regulation 906/2009.

Note:
The exemptions for consultations on air passenger tariffs and slot allocation were phased out by Regulation 1459/2006.

Published: 2 September 2017

Update | p. 253

Page: 253 Chart Number: 9/39 Chart Title: Art. 107 TFEU: an overview

The box at the bottom, entitled “Notes:“, must read:

Notes:

• Even though Art. 107(1) TFEU does not use the term “prohibition”, the CJEU in fact treats it as such; e.g. Commission v France (1969), Holland Malt (2009).
• The Commission has published a number of Guidelines on the application of Art. 107 TFEU in certain, specific contexts; e.g.:

• Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014) _;
• Guidelines on state aid to promote risk finance investments (2014);
• Guidelines on environmental and energy state aid 2014-2020.

Published: 13 July 2015

Update | p. 260

Page: 260 Chart Number: 9/46 Chart Title: Private enforcement

The box in the 6th row, entitled “Proposal for a Directive on antitrust damages (2013)” must read:

_ Directive 2014/104 on antitrust damages _

Double aim:
• Optimising the interaction between public and private enforcement;
• Ensuring the effective exercise of the victims’ right to full compensation.

Some important specific elements:
• Disclosure regime vis-à-vis competition authorities, aiming to ensure a minimum level of effective access to the evidence needed by claimants and / or defendants, though to the exclusion of leniency statements and settlement submissions;
• A final decision of an NCA or a court finding an infringement of EU competition law cannot be called into question in a damages action relating to the same infringement (i.e. it can be used as prima facie evidence in a damages action).

Generally, the Member States must observe the principles of equivalence and effectiveness (see Chart 12/3).

Published: 15 November 2015

Typographic error | p. 268

Page: 268 Chart Number: 10/6 Chart Title: Result: secondary law based on different legal bases

The box in the 4th row on the left hand side must read:

Arts. 100 and/or 235 of the EEC Treaty (now Arts. 115 and 352 TFEU)

Published: 21 February 2015

Update | p. 268

Page: 268 Chart Number: 10/6 Chart Title: Result: secondary law based on different legal bases

The 2nd box from the left in the 5th row, entitled “Directive 92/85 (Pregnancy and Maternity)”, must read:

Directive 92/85 (Pregnancy and Maternity)

_

 

The box at the bottom, entitled “”Smart Regulation”: The Better Regulation Initiative (2005) and the Regulatory Fitness and Performance Programme (REFIT) (2012)“, must read:

Smart Regulation”:
The Better Regulation Initiative _ and the Regulatory Fitness and Performance Programme (REFIT) _

  • The Recast Directive is part of the Commission’s effort to simplify the Union acquis; see the Better Regulation Package (2015), in particular the Communication “Better regulation for better results” (2015) and the Commission Staff Working Document “Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook” (2015).
  • The Recast Directive replaces Directive 75/117 (equal pay), Directive 76/207 (employment and training), Directive 86/378 (occupational social security) and Directive 97/80 (burden of proof; this directive had been adopted based on Art. 2(2) of the former Social Agreement).
Published: 15 November 2015

Update | p. 274

Page: 274 Chart Number: 10/12 Chart Title: Distinguishing direct and indirect discrimination

The box in the 3rd row on the right hand side entitled “Substance” must read:

Substance

Concerns the effect of the measure which can:
• either disadvantage only members of one group, including cases where this is so by nature or as the result of a rule having the force of law;
• or disadvantage persons from both groups, but puts or is liable to put persons from one group at a particular disadvantage;
• or idem, but entirely excludes one group.

The box in the 4th row entitled “System” must read:

System Explicitly discriminatory measure Apparently neutral measure
Disadvantages only
one group
Direct discrimination
E.g. Palacios de la Villa (2007)
Direct discrimination
E.g. Nikoloudi (2005), _, Andersen (2010)
Disadvantages persons from both groups, but puts persons of one group at a particular disadvantage whilst entirely excluding one group (not applicable) Direct discrimination
E.g. Maruko (2008), Hay (2013)
Other cases where persons from both groups are disadvantaged, and where persons of one group are put at a particular disadvantage (not applicable) Indirect discrimination
E.g. Bilka (1986), O’Flynn (1996)
Published: 21 February 2015

Update | p. 284

Page: 284 Chart Number: 11/3 Chart Title: Negative and positive integration: examples

The box in the 3rd row on the right hand side entitled “Important secondary law” must read:

Important secondary law

Directives 2014/24 and 2014/25 provide for the duty of the Member States to call for tenders in the case of large contracts.

 

Published: 2 September 2017

Update | p. 288

Page: 288 Chart Number: 11/7 Chart Title: Degree or type of harmonisation

The box in the 3rd row on the right hand side must read:

Two or more common solutions from which the Member States may choose.

E.g. Art. 9(1) of Directive 2014/40 concerning general health warnings on cigarette packages: either “Smoking kills – quit now” or “Smoking kills“.

 

The box in the 5th row on the right hand side must read:

Common minimum rules beyond which the Member States may go; e.g.:

  • Art. 9(3) of Directive 2014/40: both the general health warning and the information message on cigarette packages: not less than 50% of the corresponding surface of the cigarette package to be covered; compare Gallaher (1993), in relation to an earlier directive;
  • Art. 6 of Directive 2003/88 on working time: at the most 48 hours of working time per week (health protection);
  • Art. 8(1) of Directive 92/85 on pregnancy and maternity: a continuous period of maternity leave of at least 14 weeks;
  • The whole of certain directives, e.g. Art. 7 of Directive 2004/113: Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive.
Published: 2 September 2017

Typographic error | p. 290

Page: 290 Chapter: Chapter 12 Enforcement

The following entry should read:

Procedures and arguments: an overview
EU law specifically provides for direct and indirect actions that may be brought before the CJEU as well as for a number of arguments that may be used before both national courts and the CJEU.
12|2 290

 

Published: 15 November 2014

Typographic error | p. 294

Page: 294 Chart Number: 12/2 Chart Title: Procedures and arguments: an overview

The topic sentence should read:

EU law specifically provides for direct and indirect actions that may be brought before the CJEU as well as for a number of arguments that may be used before both national courts and the CJEU.

Published: 15 November 2014

Update | p. 328

The following entries must read:

• Treaty Establishing the European Atomic Energy Community, signed in 1957, not published in the OJ in its original version (as amended; “Rome Treaty”), most recent codified version: OJ 2016 C 203/1

• Treaty Establishing the European Economic Community, signed in 1957, not published in the OJ in its original version (as amended; “Rome Treaty”); later renamed “Treaty Establishing the European Community”, since 1 December 2009 “Treaty on the Functioning of the European Union”), most recent codified version: OJ 2016 C 202/47

 

• Treaty on European Union, signed in 1992, OJ 1992 C 191/1, most recent codified version: OJ 2016 C 202/13

 

• Treaty on the Functioning of the European Union, signed in 1957 (as amended and renamed), most recent consolidated version: OJ 2016 C 202/47

 

• Charter of Fundamental Rights of the European Union (including explanations relating to the interpretation of the Charter), OJ 2016 C 202/389 (originally, before being reenacted: OJ 2000 C 364/01, subsequently reenacted: OJ 2007 C 303/1)

 

• Protocol (No 1) on the role of national parliaments in the European Union, OJ 2016 C 202/203
• Protocol (No 2) on the application of the principles of subsidiarity and proportionality, OJ 2016 C 202/206
• Protocol (No 3) on the Statute of the Court of Justice, OJ 2016 C 202/210 _
• Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, OJ 2016 C 202/265
• Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the protection of human rights and fundamental freedoms, OJ 2016 C 202/273
• Protocol (No 12) on the excessive deficit procedure, OJ 2016 C 202/279
• Protocol (No 13) on the convergence criteria, OJ 2016 C 202/281
• Protocol (No 15) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, OJ 2016 C 202/284
• Protocol (No 16) on certain provisions relating to Denmark, OJ 2016 C 202/287
• Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union, OJ 2016 C 202/290

Published: 10 October 2016

Update | p. 329

The following entries must read:

• Protocol (No 26) on services of general interest, OJ 2016 C 202/307
• Protocol (No 27) on the internal market and competition, OJ 2016 C 202/308
• Protocol (No 30) on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, OJ 2016 C 202/312
• Protocol (No 36) on transitional provisions, OJ 2016 C 202/321

• Declaration (No 4) on the composition of the European Parliament, OJ 2016 C 202/337
• Declaration (No 7) on Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union, OJ 2016 C 202/338
• Declaration (No 9) on Article 16(9) of the Treaty on European Union concerning the European Council decision on the exercise of the Presidency of the Council, OJ 2016 C 202/341
• Declaration (No 17) concerning primacy, OJ 2016 C 202/344
• Declaration (No 18) in relation to the delimitation of competences, OJ 2016 C 202/344
• Declaration (No 38) on Article 222 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice, OJ 2016 C 202/350

Published: 10 October 2016

Update | p. 330

The following entries must read:

  • Regulation 1612/68/EEC on freedom of movement for workers within the Community, OJ English Special Edition Series I Chapter 1968(II), p. 475 (no longer in force)

Delete the following entries:

  • Regulation 2913/92/EEC establishing the Community Customs Code, OJ 1992 L 302/1 (as amended)

  • Regulation 517/94/EC on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules, OJ 1994 L 67/1 (as amended)

 

Published: 14 May 2015

Update | p. 331

Delete the following entries:

• Regulation 260/2009/EC on the common rules for imports (Codified version), OJ 2009 L 84/1

 

• Regulation 625/2009/EC on common rules for imports from certain third countries (codified version), OJ 2009 L 185/1 (codified version, as amended)

 

The following entries must read:

• Regulation 906/2009/EC on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia), OJ 2009 L 256/31 (end of validity: 25 April 2020)

 

• Regulation 267/2010/EU on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of agreements, decisions and concerted practices in the insurance sector, OJ 2010 L 83/1 (no longer in force)

 

• Regulation 360/2012/EU on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest, OJ 2012 L 114/8 (end of validity: 31 December 2018)

 

• Regulation 472/2013/EU on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability, OJ 2013 L 140/1 (as amended _)

 

Add the following entries:

• Regulation 952/2013/EU laying down the Union Customs Code, OJ 2013 L 269/1

 

• Regulation 1308/2013/EU establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ 2013 L 347/671

Published: 2 September 2017

Update | p. 332

The following entries must read:

• Regulation 1407/2013/EU on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ 2013 L 352/1 (as amended; end of validity: 13 December 2020)

• Regulation 1408/2013/EU on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector, OJ 2013 L 352/9 (as amended; end of validity: 13 December 2020)

• Regulation 651/2014/EU declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, OJ 2014 L 187/1 (as amended; end of validity: 13 December 2020)

 

Insert the following entries:

• Regulation 2015/478/EU on common rules for imports, OJ 2015 L 83/16

• Regulation 2015/755/EU on common rules for imports from certain third countries, OJ 2015 L 123/33

• Regulation 2015/936/EU on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules, OJ 2015 L 160/1

• Regulation 2015/2422/EU, Euratom amending Protocol No 3 on the Statute of the Court of Justice of the European Union, OJ 2015 L 341/14

Note: Since 2015, the numbers of regulations are built in the same way as those of directives, namely first the year and then the number of the act within that year, e.g. “2015/478”.

Published: 14 May 2017

Update | p. 333

Delete the following entries:

• Directive 2001/37/EC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, OJ 2001 L194/26 (end of validity: 31 May 2016)

 

• Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ 2004 L 134/1 (as amended; end of validity: 18 April 2016)

• Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ 2004 L 134/114 (as amended; end of validity: 18 April 2016)

Published: 2 September 2017

Update | p. 334

Delete the following entries:

• Proposal for a Directive of the European Parliament and the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, COM(2008) 637 fin.
• Proposal for a Directive of the European Parliament and the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, COM(2013) 404 fin. (adopted April 2014 by the European Parliament, final approval by the Council (of Ministers) to follow).

Published: 27 November 2015

Update | p. 334

Insert the following entry:

• Directive 2014/24/EU on public procurement and repealing Directive 2004/18/EC, OJ 2014 L 94/65

• Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, OJ 2014 L 94/243

• Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC, OJ 2014 L 127/1

 

• Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text, OJ 2014 L 349/1

Published: 2 September 2017

Update | p. 336

Delete the following entries:

• Community Guidelines on State aid for rescuing and restructuring firms in difficulty, OJ 2004 C 244/2 (application prolonged until such time as they are replaced by new rules on State aid for rescuing and restructuring firms in difficulty; see Commission Communication concerning the prolongation of the application of the Community guidelines on State aid for rescuing and restructuring firms in difficulty of 1 October 2004, OJ 2012 C 296/3)

 

• Commission Communication: Implementing the Community Lisbon programme: A strategy for the simplification of the regulatory environment, COM(2005) 535 final

 

The following entry must read:

Handbook on implementation of the Services Directive (2007), https://publications.europa.eu/en/publication-detail/-/publication/a4987fe6-d74b-4f4f-8539-b80297d29715

Published: 2 September 2017

Typographic error | p. 337

The Note under the title “VI.1. Court of Justice of the European Union” should read:

Note: the following references use the ECLI (European Case Law Identifier) system that has been developed by the CJEU; see: https://e-justice.europa.eu/content_european_case_law_identifier_ecli-175-en.do?init=true

Published: 15 November 2014

Update | p. 337

Delete the following entry:

• Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Regulatory Fitness, COM(2012) 746 fin.

 

Replace the following entry:

• Draft guidelines on state aid for rescuing and restructuring non-financial undertakings in difficulty; see: http://ec.europa.eu/competition/consultations/2013_state_aid_rescue_restructuring/index_en.html

with the following entry:

• Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, OJ 2014 C 249/1

 

Add the following entries:

• Commission Staff Work Document: Guidance on restrictions of competition “by object” for the purpose of defining which agreements may benefit from the De Minimis Notice, SWD(2014) 198 final

• Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Better regulation for better results – An EU agenda, COM(2015) 215 final

• Commission Staff Working Document: Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook, SWD(2015) 110 final

Published: 14 July 2015

Update | p. 337

The following entry must read:

• Rules of Procedure of the General Court, OJ 2015 L 105/1  _

Published: 14 July 2015

Typographic error | p. 345

Insert the following entry:

European Investment Bank (2008):          Case C-155/07 Parliament v Council, ECLI:EU:C:2008:605 ECLI:EU:C:2008:605               3/5

Published: 15 November 2015

Typographic error | p. 344

The following entry must read:

DocMorris (2003):        Case C-322/01 Deutscher Apothekerverband eV v 0800 DocMorris NV and Jacques Waterval, ECLI:EU:C:2003:664              8/20, 8/21, 8/23, 11/1

Published: 15 November 2015

Update | p. 352

In the list of cases, insert:

Opinion 2/13 _(2014):          Opinion 2/13 (Accession to the ECHR), ECLI:EU:2014:2454 (Full Court)     7/11

Opinion 2/15 (2017):          Opinion 2/13 (Singapore Agreement), ECLI:EU:2017:376 (Full Court)     4/7

 

PCA (2014):               Case C‑377/12 Commission v Council, ECLI:EU:C:2014:1903 (Grand Chamber)     4/8

Published: 1 July 2017

Update | p. 355

In the list of cases, insert:

Slovakia and Hungary v Council (2017):          Joined Cases C-643/15 and C-647/15 Slovakia and Hungary v Council, ECLI:EU:C:2017:631 (Grand Chamber)     5/4, 5/12

Published: 9 October 2017