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The Commission was liable to compensate members 0f staff who had relied on its advice.
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Commentary (1) See also Dillenkofer v Federal Republic of Germany (Joined Cases C-178, etc/94 intentional fault is not an essential precondition to state liability.
The decision was annulled.Derogation may be granted by the Member States on humanitarian grounds.Under Art.53 of the Northern Ireland Order the certificate was considered to be conclusive evidence of purpose.Specific enforcement proceedings Actions under Article 88 (ex 93(2) on illegal state Aids Key Principle: The Commission may issue a decision requiring a state to change or abolish illegal state aid within a specified time.
Held: (ECJ) As the deadline for implementation had been reached in relation to one but not both of the directives, only the directive for which the deadline had expired could be relied upon to create direct effects (and thus to provide a defence to one.
Held: (ECJ) (1) The wording neukmachine maken of Art.249 (ex 189) does not prevent individuals from relying in the national courts on decisions addressed to Member States.
To be enforceable, obligations must be sufficiently defined to allow the ECJ to establish whether failure to adopt them is lawful.
An injunction against tie Secretary of State was refused.
Key Principle: An individual may bring proceedings under Art.232 (ex 175) where an institution has failed to address to him or her an act other than a recommendation or opinion.De lipstick is niet alleen herstellend maar ook voedend en hydraterend.Factortame (see.5) had led to a finding that the Merchant Shipping Act 1988 infringed EC law.Held: (ECJ) Although the rules of law in question were not of direct and individual concern to the applicant (under Art.230 (ex 173 the protection of individual interests such as the applicants was intended.Commentary (1) Identification of the courts that are covered by the obligation to refer under Art.234(3) has been controversial.(See Craig De Burca.100-101) UK v Council (Case C-84/94 Germany v EP and Council (Case C-233/94) (the Deposit Guarantee Directive case Germany v EP and Council (Case C-376/98) (the Tobacco Advertising case and Netherlands v EP and Council (Case C-377/98) (the Biotechnology Patents Directive.
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