The Court of Justice

**Updated** Sweden obtains annulment of Directive authorising paraquat

In 2004, the Swedish government brought a case before the Court of First Instance over the Commission’s decision to permit the use of paraquat, a hazardous pesticide, in the EU. The Court of First Instance annulled Directive 2003/112 authorising the use of paraquat in July 2007.
This article has been updated with the results of the Court case.
Background
Paraquat has been banned in Sweden since 1983 and is used in herbicides for olive, wine grape and hazelnut farming in the EU.
The European (...)

The ECJ rules that treatments received abroad must be reimbursed

In the case C444/05 Stamatelakis, the European Court of Justice rules that excluding a priori to reimburse treatments abroad is contrary to Community law.
The case
Dimitrios Stamatelakis, a Greek nationale, sought medical care in a private hospital in the UK. He was denied reimbursement from his home social security institution on the ground that Greek law does not reimburse treatments in private hospitals abrod if the patient is over 14 years of age. Mr Stamatelakis’ relatives argue that (...)

ECJ rules on alcohol excise duties

The European Court of Justice has ruled that citizens purchasing alcohol cannot avail of cheaper excise duties in another Member State and have to pay the taxes of their home country.
The Joustra case
Some 70 private individuals formed a wine club in the Netherlands. On behalf of this club, Mr Joustra orders wine in France for his own use and that of the other member of the club. The wine is transported to the Netherlands by a Dutch transport company and delivered to his home. Mr Joustra (...)

ECJ opinion on the responsibility of retailers in labelling of alcohol products

On the 12 September 2006, the European Court of Justice delivered an opinion related to Labelling and presentation of foodstuffs. It concluded that responsibility on the labelling and presentation is held by all actors involved in the manufacturing and distribution processes.
The Court had to assess who is responsible for the particulars on the label of a pre-packaged foodstuff and who is therefore liable if the particulars are inaccurate.
The Italian Office of the Justice of the Peace of (...)

ECJ rules on recognition of professional qualifications

The European Court of Justice has condemned three Member States for not complying with the recognition of professional qualifications Directive (2001/19/EC).
France, Germany and Austria did not transpose on time the directive on the recognition of professional qualifications concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor in the requested period, according to the European Commission and the (...)

ECJ ruling on the right to be reimbursed for treatments received abroad

The European Court of Justice (ECJ) has ruled that national health services must refund hospital treatments provided in another member state if patients waited longer than medically acceptable.
The ECJ addressed the case of Yvonne Watt, a British national resident, who needed a hip surgery. Having to wait one year to undergo the surgery, Ms Watt requested a E 112 scheme, which is submitted to prior authorisation from the Primary Care Trust in the UK. Her request was refused on the ground (...)

*UPDATED* ECJ case on Swedish alcohol retail monopoly

*UPDATE: On 5 June 2007 the European Court of Justice ruled that the Swedish monopoly is a disproportionate measure to attain the objective of limiting alcohol consumption in general and limiting underage drinking. The ECJ concluded that the monopoly was against the EU principle of free movement of goods, and that it was therefore not compatible with EU law.
Despite that judgement, Maria Larsson, Swedish public health minister, confirmed that the alcohol monopoly will stay put and that the (...)

The ECJ considers on-call duty as working time

The European Court of Justice has again confirmed its opinion that on-call duty is to be classified as working time, under the Working Time Directive.
This ruling refers to a French case where social and health services are particularly targeted. Under a French decree, certain periods of night on-call duty, including periods of inactivity are calculated on a flat-rate basis, which could amount to or exceed 60 hours of work a week.
Although the Court does not consider that the EU working (...)

ECJ decides on Swedish state’s monopoly on medicines

In a judgement by the European Court of Justice (ECJ) on 31 May 2005, the Swedish monopoly on retail sales of medicinal preparations was found to be contrary to Community law.
In Sweden, under national law, retail trade in non-prescription and prescription medicinal preparations can be engaged in only by the State or by legal persons over which the State has a dominant influence. Since 1970, the Swedish government has entrusted retail trade in medicinal preparations to Apoteket (formerly (...)

ECJ rules that treatment outside the EU must be reimbursed

The European Court of Justice has ruled that medically necessary treatment outside the EU must be reimbursed for the holders of valid E111 and E 112 forms.
The ECJ judgement addressed the situation of Annette Keller, a German national resident in Spain who arranged for a 1 month E111 form to cover a trip back to her home country. During that period, she was diagnosed with a malignant tumour and required medical treatment. Ms Keller requested and was issued with an E112 (extended several (...)

ECJ ruling on rights to EU residency

The European Court of Justice has upheld the opinion of the Advocate General that residency rights can derive from the private provision of health services.
The United Kingdom Home Office refusal to allow a Chinese woman and her Belfast-born daughter to live permanently in Britain has been declared illegal under European Union law.
European Court judges acknowledged that the woman, Man Levette Chen, deliberately had her child in Belfast to win UK residency rights for herself. But that did (...)

ECJ ruling on rights to treatment

The European Court of Justice rules against German health insurance rules on reimbursement of ’health cures’ in other countries. Case C-8/02, between Ludwig Leichte and the Bundesanstalt für Arbeit was finalised in March 2004.
As part of their employment conditions, German civil servants have the right to a ’health cure’ but the reimbursement rules state that ’cures’ in other countries can only be covered if a medical officer stated that the cure had to be undertaken abroad because of (...)

ECJ allows Italy to temporarily ban GM foods

On 9th September 2003 the European Court of Justice (ECJ) ruled that Italy could temporarily ban GM foods but must provide sound evidence of the dangers.
Monsanto’s GM maize can be placed on the market without Commission authorisation. However, Italy can impose a temporary ban on suspicion of risks.
Genes are inserted into the maize in question to render it resistant to certain herbicides and pests.
Although the genetically modified DNA is destroyed during the processing of the maize, (...)

All time spent by a doctor on call in a hospital constitutes working time

The European Court of Justice (ECJ) has ruled in the ’Jaegar’ case on 9th September 2003 that the time a doctor spends at the hospital - on call but resting - counts as working time.
The case, Landeshauptstadt Kiel v Norbert Jaeger, established the principle that a Community directive precludes national legislation which categorises on-call duty as rest time save for periods of actual activity.
That interpretation is not altered by the fact that the employer makes available to the doctor a (...)

ECJ supports temporary bans on marketing of novel foods

The European Court of Justice (ECJ) supported the negative of some Member States to grant authorisations for the marketing of novel foods in their territory if there is suspected risk to human health.
A Member State can - as a preventive measure - temporarily restrict or suspend the marketing of novel foods in its territory without first being required to challenge the lawfulness of the procedure.
ECJ’s press release.
To read case C-236/01, please click (...)

ECJ blow to Commission decision on marketing of anti-obesity drugs

The ECJ has annuled the Commission decision to withdraw national marketing authorisations of medicinal products for human use which contain, inter alia, certain amphetamine-like anorectic agents used in anti-obesity drugs.
The Commission opinions, dated 1999, were based on the opinion by the Committee for Proprietary Medicinal Products (CPMP) which had found that those substances lacked efficacy according to the new scientific criterion of long-term efficacy of anti-obesity drugs.
The (...)

Advocate-General’s Opinion on social security entitlements

SOCIAL SECURITY
Case C-138/02, Opinion of the Advocate-General "Community Law as it stands does not require payment of a social security benefit to a Union citizen who seeks work in a Member State in which he has no roots and with whose employment market he has no connection".
Press releases on the rulings of the European Court of Justice.

ECJ Rules that Pensioners are Entitled to Treatment Abroad

The European Court of Justice ruled on February 25 that pensioners are entitled to reimbursement of medical expenses incurred abroad even if they result from a chronic or pre-existing medical condition.
This was the judgement of the Court in Case C-326/00 (Idryma Koinonikon Asfaliseon (IKA) -v- Vasileios Ioannidis), in which the Court decided that: "A Member State may not subject payment of the medical expenses of a pensioner who has visited another Member State either to authorisation or (...)

Centrally Authorised Medicines Should Generally Bear One Single Trade Name

In its judgement of 10 December 2002, the Court of First Instance annulled the decision of 1st March 2000, that had refused to vary the name and package layout of a centrally authorised medicine.
The reason for the annulment is that the decision was not sufficiently motivated. On the merits, the Court states that the letter and spirit of Regulation 2309/93 suggests that a Community marketing authorisation will contain as a general rule only one name.
That name can be varied by adding (...)

EU insists on day in court for Tobacco industry

On the 15 January, the Court of First Instance rejected initiatives brought against the European Commission’s decision to take cigarette producers to court in the United States. The Court’s decision comes after tobacco producers Philip Morris, R.J. Reynolds and Japan Tobacco had earlier questioned the European Commission’s right to take them to court in the United States.

Industry to challenge EU food suplements directive

UK industry has challenged the Food Supplements Directive 2002/46/EC before the European Court of Justice (ECJ).
On Friday 30th January 2004, the UK Health Food Manufacturers Association, together with the UK National Association of Health Stores, and with support from UK Consumers for Health Choice and the Alliance for Natural Health , won a legal ruling from the High Court in London that allowed them to take a challenge to the legality and proportionality of the Food Supplements Directive (...)

Commission Takes Member States to Court for GMOs

Last 15 of July, the Commission decided to take Court action against eleven Member States for failing to adopt and notify national legislation implementing an EU law on the deliberate release of Genetically Modified Organisms into the Environment.
Commission press release.

Danes Win Food Additives Case at Court of Justice

On 20th March the European Court of Justice ended an eight year battle over food additives between the Danish government and the European Commission. A victory for the environment, said the Danish food minister, while EU critics called the Danish government’s "environment guarantee" into question.
Curia Website on the issue

Advocate General Favours Introduction of Novel Foods in The Market

On 13th March, the advocate general of the case e C-236/01 "Monsanto Agricoltura SpA and Others v Presidenza del Consiglio dei ministri and Others" considers that novel foods may be placed on the market under a simplified procedure even when they contain traces of transgenic protein, provided they are absolutely safe in terms of health. In 1997 and 1998 Monsanto Europe S.A. and two other companies placed on the market under the so-called simplified procedure foods, in particular flour, (...)

Fixing minimum retail prices for cigarettes in Europe: competition rules Vs public health concerns

Against the jurisprudence of the European Court of Justice (ECJ), the European Commission has decided to take action against Ireland which imposes a minimum retail prices for cigarettes. It highlights the contradiction between EU policies on competition and health protection objectives.
The European Commission considers that such prices infringe Community law and distort competition and benefit only manufacturers.
If there is no satisfactory response to the reasoned opinion within two (...)

ECJ rules that lower taxes on ouzo are not a breach of EU law

The European Court of Justice has ruled against a European Commission challenge to the Greek government’s lower rate of tax on Ouzo compared to other alcoholic drinks.
The Commission argued that it had received complaints from drinks manufacturers that the 50 % lower tax rate for ouzo contravened Directive 92/83 on the harmonisation of alcohol excise duties. The Commission’ s opinion is that the favourable tax regime for Ouzo meant excess taxes for products from other European countries. (...)

ECJ opinion in favour of French law on alcohol

On 11 March 2004, the Advocate General of the European Court of Justice (ECJ) has ruled that the French ’Loi Evin’ restricting advertising of alcohol is in accordance with EU rules.
The opinion in C-262/02 Commission v France, and C-429/02 Bacardi v. France dealt with whether the French law pased the ’proportionality test’ — eg; whether it does beyond the minimum necessary to achieve the desired objectives.
Bacardi, whose legal bid was filed at the European Court of Justice by French (...)

ECJ ruling on pensioners seeking reimbursement for medical treatment

On 3 July 2003 the European Court of Justice ruled in the case of two Dutch pensioners who had retired and lived in other European countries but had returned to Holland for medical treatment and requested reimbursement from the Dutch sickness funds. The ruling of the court stated the following principle:
The Court holds that once a pensioner and the members of his or her family have registered with the competent institution of the Member State of residence, they benefit, by virtue of the (...)

ECJ opinion on whether a pharma company is breaking competition law

The Advocate General’s opinion, issued on 28 October 2004, states that a phamaceutical company with a dominant market position is not automatically breaking competition law if it refuses to fill all the orders of its customers as a way of restricting parallel trade.
The opinion is connected to the specific circumstances of the EU pharmaceutical market where differences in the prices of medicines is the result of government intervention.
The case C-53/03 was between Greek pharmaceutical (...)

Court of Justice to Allow Internet Sales of Medicines?

On 11 March, the Court’s Advocate General gave her position in a legal case between the German pharmacists’ union and a Dutch pharmacy giving strong support to right of web-based medicines sales. The Advocate General of the Court of Justice Christine Stix-Hackl delivered her opinion in a law case relating to medicines sales over the Internet, on 11 March. Ms. Stix-Hackl found that pharmacies should be allowed to sell over the Internet authorised medicines as well as those that do not (...)