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THE COURT of JUSTICE of the EUROPEAN Co Periodical 5/1986 THE COURT OF JUSTICE OF THE EUROPEAN co EUROPEAN DOCUMENTATION E This publication is also available in the following languages: ES ISBN 92-825-6600-5 El Tribunal de Justicia de Ia Comunidad Europea DA ISBN 92-825-6601-3 Det europa:iske Fa:llesskabs Domstol DE ISBN 92-825-6602-1 Der Gerichtshof der Europaischen Gemeinschaft GR ISBN 92-825-6603-X .6.\KaotJipiO trov Eupronai:Kci>v KowotJitrov FR ISBN 92-825-6605-6 LaCour de Justice de Ia Communaute europeenne IT ISBN 92-825-6606-4 La Corte di Giustizia della Comunit!t europea NL ISBN 92-825-6607-2 Het Hof van Justitie van de Europese Gemeenschap PT ISBN 92-825-6608-0 0 Tribunal de Justi~a da Comunidade Europeia Cataloguing data can be found at the end of this publication Luxembourg: Office for Official Publications of the European Communities, 1986 ISBN 92-825-6604-8 Catalogue number: CB-NC-86-005-EN-C Reproduction in whole or in part of the contents of this publication is free, provided the source is acknowledged Printed in the FR of Germany The Court of Justice of the European Community Fourth edition Manuscript completed in autumn 1986 Contents I - The Court in the Community institutional system .. .. .. .. .. ................... .. .. 5 II - Composition and organization of the Court . .. .. .• . •. .. 7 Thirteen judges and six advocates-general .. .. .. .. .. 7 Plenary sessions and Chambers ...................................................•.............................. 9 The Registry and administration ................................................................................ 10 A court of first instance ....................................•.•...............................•......, .............. 11 III - The Court's powers ...............................................•................................................ 13 The Court ensures the observance of Community law .....•................................................ 13 The supreme judicial authority ......................................•...................•••......•..........•... 13 The various forms of action ..................•••................................................................. 14 - Proceedings for failure to fulfil an obligation ............................................................. 14 -Proceedings for annulment •...................•............................................•.............•... 15 -Failure to act •................................................................................................... 19 - Actions to establish liability .................................................................................. 20 - Cases involving staff ............................ , .............................................................. 22 - Requests for preliminary rulings ............................................................................ 22 Requests for the Court's opinion ................................................................................ 25 Further conventions ............................................................................................... 26 Arbitration .......................................................................................................... 27 IV -Court procedure .................................................................................................... 29 Direct actions ................•.........•................•.....•..••.......•.....••.................................. 29 Requests for preliminary rulings ................................................................................ 30 Judgments •...............................•..............•....•....•......................•••....••.•................ 31 Interim measures and procedural disputes .................................................................... 32 Representation of the parties ..................................................................................... 32 Languages ........................................................................................................... 33 Legal aid ............................................................................................................. 34 3 V - Activities of the Court ............................................................................................. 35 Direct effect of Community law ................................................................................. 35 Primacy of Community law ...................................................................................... 37 Protection of fundamental rights ................................................................................ 38 Freedom of trade ................................................................................................... 39 Charges having equivalent effect to customs duties ..................................................... 40 Measures having equivalent effect to quantitative restrictions ........................................ 41 Equality of taxation ........................................................................................... 43 Justified exceptions ............................................................................................ 44 Parallel imports ................................................................................................ 44 Protection of industrial property ........................................................................... 44 Transfers of currency ......................................................................................... 45 Competition ••••••••••............................••.........•.. , ..•....•.............••......•...•.................. 46 A fertile field of litigation ..................................................................................... 48 The Commission's powers of investigation ............................................................... 48 Territorial application ........................................................................................ 49 Agreements and concerted practices ....................................................................... 50 Abuse of a dominant position ............................................................................... 50 Franchising agreements ...................................................................................... 51 Abuse of trade marks and patents .......................................................................... 52 Public undertakings and transport ......................................................................... 52 State aids ........................................................................................................ 53 The agricultural common market ............................................................................... 53 Confirmation of basic principles ....... , .......................................... , ......................... 54 Marketing of products ........................................................................................ 55 Common fisheries policy ..................................................................................... 56 Equality of treatment of Community citizens ................................................................. 56 Individual rights •.••...•..................••••.•...........•.........................•.••.••................... 57 The meaning of 'worker' •..................•...•......••.••..................•••••..••..••.............•..... 57 National treatment for migrant workers .................................................................. 58 Family protection .............................................................................................. 59 Restrictions and safeguards .................................................................................. 59 Employment in the public service ........................................................................... 60 Equal pay for men and women .............................................................................. 61 Freedom to provide services ................................................................................. 63 Freedom of establishment .................................................................................... 65 VI -The Community's achievements ................................................................................ 69 Annexes: Graph and tables showing the number of cases, and the type and origin of cases .................. 71 Further reading ............................................................................................................. 87 4 I - The Court in the Community institutional system The European Community, founded on the Treaties of Paris and Rome, is governed by a quadripartite institutional system - novel in its conception, unique in its as­ signment of powers, different from all previous national and international systems, a Community system in letter and in spirit. The Commission, an independent body with executive powers and responsibility, ha~ 17 members chosen for their all-round capability by agreement between the governments of the Member States. It is responsible for monitoring the application of the Treaties and for the functioning and development of the common market. The Council - the political decision-making centre - is a collective body with a legislative function; it is respresentative of the Member States since its members are ministers delegated by the various governments, and it ensures that all the Community countries play
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