Case law: A. Court of Justice: Case C-320/03, Commission v. Republic of Austria, judgment of the Court (Grand Chamber) of 15 November 2005, nyr

Article Abstract:

The ban under scrutiny on the use of part of an Austrian motorway through the Alps for certain heavy goods vehicles is the subject of the case C-320/03 of Commission V. Republic of Austria. The ruling in this case by Grad Chamber Court on 15 November 2005 declares the ban inadmissible, for breach of the proportionality principle, simply stating that free movement may be justified for environmental reasons, as long as they are proportionate, without addressing the issue of discrimination.

Austria, Government domestic functions, Traffic regulations, Environmental issue

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Case law: Case C-174/04, Commission v. Italian Republic, judgment of the Court of Justice (First Chamber) of 2 June 2005

Article Abstract:

The judgment of the Court of Justice on 2 June 2005, in the case C-174/04 of Commission V. Italian Republic held that the Italian law was in breach of Article 56 EC on the prohibition to restrict the movement of capitals between Member States and between Member Sates and third countries. In the judgment, the Court seized the opportunity to further refine the scope of application of Article 56 EC, having regard especially to the nomenclature annexed to Directive 88/361/EC.

Italy, Government regulation (cont), Government expenditures, Government regulation, Laws, regulations and rules, Economic policy, Capital movements

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Case C-94/03, Commission v. Council, judgment of the Second Chamber of 10, January 2006[2006] ECR I-1; Case C-178/03, Commission v. Parliament and council, judgment of the Second Chamber of 10 January 2006, [2006] ECRI-107

Article Abstract:

The article discusses about the case C-178/03, in which, the Commission challenged adoption of Regulation 304/2003 by Council and Parliament. In both the cases the court ruled that recourse to Article 133 and 175(1) EC was required since the Regulation had commercial and environmental components which are inseparably linked.

Environmental Management, Administration of Air and Water Resource and Solid Waste Management Programs, Environmental Programs, Administration of Environmental Quality Programs, Conservation & Land Mgmt-Total Govt, Resources, Environ & Energy-Total Govt, European Union. European Parliament, Case study

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