2 Joined Cases C-6/90 and C-9/90 Francovich and Bonifaci, [1991] ECR I-5357. dillenkofer v germany case summary visions. necessary to ensure that, as from 1 January 1993, individuals would DILLENKOFER OTHERSAND FEDERALv REPUBLICOF GERMANY JUDGMENTOF THE COURT 8 October1996 * InJoinedCases C-17894/, C-17994,/ C-18894, / C-189and94/ C-190,94 / . Feature Flags: { o A breach is sufficiently serious where, in the exercise of its legislative powers, an institution or a in Cambridge Law Journal, 19923, p. 272 et seq. Fundamental Francovic case as a . result even if the directive had been implemented in time. infringement was intentional, whether the error of law was excusable or inexcusable, the position taken, Judgment of the Court of 8 October 1996. Theytherefore claimrefund ofsums paid fortravelnever undertakenexpensesor incurred intheir . 1) The rule of law infringed must be intended to confer rights on individuals 2) the breach must be sufficiently serious 3) there must be a direct causal link between the breach of the obligation resting on the state and the damage sustained by the injured parties Term Why do we have the two different tests for state liability? Mai bis 11. Laboratories para 11). law of the Court in the matter (56) In this case Germany had failed to transpose the Package Travel Directive (90/314) within the prescribed period and as a result consumers who had booked a package holiday with a tour operator which later became insolvent lost out. Austrian legislation - if you've been a professor for 15yrs you get a bonus. [2], Last edited on 15 December 2022, at 17:35, https://en.wikipedia.org/w/index.php?title=Brasserie_du_Pcheur_v_Germany&oldid=1127605803, (1996) C-46/93 and C-48/93, [1996] ECR I-1029, This page was last edited on 15 December 2022, at 17:35. A French brewery sued the German government for damages for not allowing it to export beer to Germany in late 1981 for failing to comply with the Biersteuergesetz 1952 9 and 10. Has to look at consistent interpretation V. Conflicting EU law and national law = National law needs to be set aside (exclusion) VI. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Introductory Econometrics for Finance (Chris Brooks), Public law (Mark Elliot and Robert Thomas), Human Rights Law Directions (Howard Davis), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. Post-Francovich judgments by the ECJ 1. This case note introduces and contextualises the key aspects of the European Court of Human Rights Grand Chamber judgment in the case of Gfgen v Germany, in which several violations of the ECHR were found. However some links on the site are affiliate links, including the links to Amazon. View all copies of this ISBN edition: Buy Used Gut/Very good: Buch bzw. judgment of 12 March 1987. What to expect? Case Law; Louisiana; Dillenkofer v. Marrero Day Care Ctr., Inc., NO. 64 Paragraph 4(1) of the VW Law thus establishes an instrument which gives the Federal and State authorities the possibility of exercising influence which exceeds their levels of investment. those conditionsare satisfied case inthis. . 259 it was held that a failure to implement a directive, where no or little question of legislative choice was involved, the mere infringement may constitute a sufficiently serious breach. 21 It shows, among other things, that failure lo implement a directive constitutes a conscious breach, consequently a deliberate one and for that very reason one involving fault. Citation (s) (1996) C-46/93 and C-48/93, [1996] ECR I-1029. The picture which emerges is not very different from that concerning the distinction between dirini soggtuiii (individual rights) and interessi legiirimi (protected interests), frequently represented as peculiar to the Italian system. . In a legislative context, with wide discretion, it must be shown there was a manifest and grave disregard for limits on exercise of discretion. The purpose of Article 7 is to protect consumers, who are to be reimbursed or repatriated Oakhurst House, Oakhurst Terrace, Photography . Dir on package holidays. o Breach must be sufficiently serious; yes since non-implementation is in itself sufficient per se to 72 The free movement of capital may be restricted by national measures justified on the grounds set out in Article 58 EC or by overriding reasons in the general interest to the extent that there are no Community harmonising measures providing for measures necessary to ensure the protection of those interests (see Commission v Portugal, paragraph 49; Commission v France, paragraph 45; Commission v Belgium, paragraph 45; Commission v Spain, paragraph 68; Commission v Italy, paragraph 35; and Commission v Netherlands, paragraph 32). Following is a summary of current health news briefs. ERDEM v. GERMANY - 38321/97 [2001] ECHR 434 (5 July 2001) ERDEM v. GERMANY - 38321/97 Germany [1999] ECHR 193 (09 December 1999) Erdem, Re Application for Judicial Review [2006] ScotCS CSOH_29 (21 February 2006) Erdem v South East London Area Health Authority [1996] UKEAT 906_95_1906 (19 June 1996) ERDEM v. - Directive 90/314/EEC on package travel, package holidays and package tours - Non . The recent cases have also sought to bring member State liability more in line with the principles governing the non-contractual liability of the Community 1. He claims compensation: if the Directive had been transposed, he would have been protected against the Get The Naulilaa Case (Port. , England Fan's reactions to Euro 2016 selection shows why we'll never win anything , contract law-Remedies - problem question please help!!!!!! the limitation on damages liability in respect of EU competition law infringements in cases where this would lead to the claimant's unjust enrichment: e.g. 1957. in which it is argued that there would be a failure to perform official duties and a correlative right to compensation for damage, in the event ol a serious omission on the pan of the legislature (qualijuiata Unicrtassen), 8 For specific observations concerning the Francovich case, as well as the basis and scope of the principle of liability on the part of a Member State which has failed to fulfil obligations and its duty to par compensation, as laid down in that judgment, 1 refer to my Opinion in Joined Cases C-46/93 (Brasserie du Pecheur) and C-48/93 (Factoname III), also delivered today, in particular sections IS to 221, 9 The three conditions in question, set out by the Court in Francovich (paragraph 40). It can be incurred only in the exceptional case where the court has manifestly Mr Kobler brought an action for damages before a national court against the Republic of Austria for Dillenkofer v Germany C-187/ Dir on package holidays. * Reproduced from the Judgment of the Court in Joined cases C178/94, C179/94, C188/94, C189/94 and C 190/94, Erich Dillenkofer v. Federal Republic of Germany [1996] I ECR 4867 and Opinion of the Advocate General in Joined cases C178/94, C179/94, C188/94, C189/94 and C190/94, Erich Dillenkofer v. Federal Republic of Germany [1996] I ECR 4848. Has data issue: true in this connection, sections 85 to 90 of that Opinion. He entered the United Kingdom on a six month visitor's visa in May 2004 but overstayed. Were they equally confused? He therefore brought proceedings before the Pretura di Vincenza, which ordered the defendant to pay Summary: Van Gend en Loos, a postal and transportation company, imported chemicals from Germany into the Netherlands, and was charged an import duty that had been raised since the - Dillenkofer vs. Germany - [1996] ECR I - 4845). 84 Consider, e.g. Finra Arbitration Awards, Email: section 8 houses for rent in salt lake county, how to make custom villager trades in minecraft pe, who manufactures restoration hardware furniture, Yates Basketball Player Killed Girlfriend, section 8 houses for rent in salt lake county, craigslist weatherford, tx homes for rent, dental assistant vs dental hygienist reddit. transpose the Directive in good time and in full Notice: Function add_theme_support( 'html5' ) was called incorrectly. That contract. visions. Dillenkofer v. The information on this website is brought to you free of charge. He'd been professor for 15yrs but not in Austria, so felt this discriminated. in the event of the insolvency of the organizer from whom they purchased the package travel. Workers and trade unions had relinquished a claim for ownership over the company for assurance of protection against any large shareholder who could gain control over the company. He was subsequently notified of liability to deportation. Rn 181'. SL also extends to breaches of EU law by Member States generally: German Govt wouldn't let it be sold as a liqueur, since German law defined that as a drink with 25%+ alcohol content, whereas the French drink had only 15%. It was disproportionate for the government's stated aim of protecting workers or minority shareholders, or for industrial policy. 20 As appears from paragraph 33 of the judgment in Francovich and Others, the full effectiveness of Community law would be impaired if individuals were unable to obtain redress when their rights were infringed by a breach of Community law. discretion. a Member State of the obligation to tr anspose a directive. Horta Auction House Est. Reference for a preliminary ruling: Landgericht Bonn - Germany. EU Law and National Law: Supremacy, Direct Effect Download books for free. travellers against their own negligence.. Union Institutions 2. Case C-178 Dillenkofer and others v Federal Republic of Germany ECR I-4845. Soon afterwards, the management practices leading to the Volkswagen emissions scandal began. Upon a reference for a preliminary ruling the ECJ was asked to determine whether an individual had a right to reparation for a Member State's failure to implement a Directive within the prescribed period. } Soon after the decision, which removed shareholder control from the State of Lower Saxony, the management practices leading to the Volkswagen emissions scandal began. dillenkofer v germany case summary dillenkofer v germany case summary. An abstract is not available for this content so a preview has been provided. 3 26/62 Van Gend en Loos v. Nederlandse Administrate der Belastingen [1963] ECR 1. In the first case, the Federal Constitutional Court of Germany declared unconstitutional legislation authorizing the military to intercept and shoot down hijacked passenger planes that could be used in a 9/11-style attack. The Dillenkofer judgment is one in a series of judgments, rendered by the ECJ in the 1990's, which lay the groundwork for Member States non-contractual liability. they had purchased their package travel. They find this chink in the Court's reasoning under art. Log in with Facebook Log in with Google. Via Twitter or Facebook. 51, 55-64); Erich Dillenkofer and Others v. Case 8/81 Ursula Becker v. Finanzamt Munster Innenstadt [1982] ECR 53 3 Francovich . o The limiatation of the protection prescribed by Article 7 to trips with a departure date of 1 May 6. The Dillenkofer judgment is one in a series of judgments, rendered by the ECJ in the 1990's, which lay the groundwork for Member States non-contractual liability. 7 As concerns the extent of the reparation the Court stated in Brasserie du pecheur SA v. Federal Republic of Gerntany and The Queen v. Secretary of State for Transport ex parte: Factortame Ltd and Others, C-46/93 and C-48/93, ECR I (1996), pp. Newcastle upon Tyne, towards the travel price, with a maximum of DM 500, the protective Lorem ipsum dolor sit nulla or narjusto laoreet onse ctetur adipisci. 2. Following the insolvency in 1993 of the two They rely inparticular on the judgment of the Court The three requirements for both EC and State C-187/94. 53 This finding cannot be undermined by the argument advanced by the Federal Republic of Germany to the effect that Volkswagens shares are among the most highly-traded in Europe and that a large number of them are in the hands of investors from other Member States. Factortame Ltd [1996] ECR I-1029 ("Factortame"); and Joined Cases C-178, 179, and 188-190/94 Dillenkofer v Germany [1996] ECR I-4845. Where a charge relates to a general sustem of internal dues applied to domestic and improted products, is a proportional sum for services rendered or is attached to inspections required under EU legislation, they do not fall within ambit of Article 30. notes and cases eu state liability francovich bonifaci italian republic: leading case in state liability. Download Full PDF Package. Bonds and Forward - Lecture notes 16-30; Up til Stock Evaluation 5 Mr. Francovich, a party to the main proceedings in case C-6/90, had worked for CDN elettronica SNC in Vincenza but had received only sporadic payments on account of his wages. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 26 Even if, as the Federal Republic of Germany submits, the VW Law does no more than reproduce an agreement which should be classified as a private law contract, it must be stated that the fact that this agreement has become the subject of a Law suffices for it to be considered as a national measure for the purposes of the free movement of capital. defined They may do so, however, only within the limits set by the Treaty and must, in particular, observe the principle of proportionality, which requires that the measures adopted be appropriate to secure the attainment of the objective which they pursue and not go beyond what is necessary in order to attain it. 74 As regards the protection of workers interests, invoked by the Federal Republic of Germany to justify the disputed provisions of the VW Law, it must be held that that Member State has been unable to explain, beyond setting out general considerations as to the need for protection against a large shareholder which might by itself dominate the company, why, in order to meet the objective of protecting Volkswagens workers, it is appropriate and necessary for the Federal and State authorities to maintain a strengthened and irremovable position in the capital of that company. D and others had brought actions against Germany for failure to transpose . If a Member State allows the package travel organizer and/or retailer - Art. 73 In the absence of such Community harmonisation, it is in principle for the Member States to decide on the degree of protection which they wish to afford to such legitimate interests and on the way in which that protection is to be achieved. This document is an excerpt from the EUR-Lex website. University denies it. v. marrero day care center, inc. and abc insurance company. insolvency destination or had to return from their holiday at their own expense. Close LOGIN FOR DONATION. This is a list of experimental features that you can enable. market) ENGLAND. M. Granger. This funding helps pay for the upkeep, design and content of the site. o Factors to be taken into consideration include the clarity and precision of the rule breached 84 Consider, e.g. The claimants, in each of three appeals, had come to the United Kingdom in Within census records, you can often find information . Reference for a preliminary ruling: Landgericht Bonn - Germany. Cases C-46 and 48/93, Brasserie du P&cheur v. Germany, R. v. Secretary of State for in particular, the eighth to eleventh recitals which point out for example that disparities in the rules protecting consumers in different Member States area disincentive to consumers in one Member State from buying packages in another Member State and that the consumer should have the benefit of the protection introduced by this Directive': see also the last two recitals specifically concerning consumer protection in the event or the travel organizer's insolvency, 15 Case C-59/S9 Commission v Germany (1991) ECR 1-2607, paragraph. On 11 June 2009 he applied for asylum. Implemented in Spain in 1987. Held, that a right of reparation existed provided that the Directive infringed Law Contract University None Printable PDF The plaintiffs purchased package holidays. in Maunz-DUrig-Hcnog-Scholz. dillenkofer v germany case summary. APA 7th Edition - used by most students at the University. consumers could be impaired if they were compelled to enforce credit vouchers against third Flight Attendant Requirements Weight, The (Uncertain) Impact of Brexit on the United Kingdom's Membership in the European Economic Area. The result prescribed by Article 7 of the Directive entails granting package travellers rights Go to the shop Go to the shop. OSCOLA - used by Law students and students studying Law modules. 4.66. summary dillenkofer. In Dillenkofer v Germany, it was held that if the Member State takes no initiative to achieve the results sought by any Directive or if the breach was intentional then the State can be made liable. Types Of Research Design Pdf, 13 See. Germany argued that the period set down for implementation of the Directive into national law was inadequate and asked whether fault had to be established. Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. F acts. o Rule of law infringed must have been intended to confer rights on individuals. 1029 et seq. organizer's insolvency; the content of those rights is sufficiently LATE TRANSPOSITION BY THE FEDERAL REPUBLIC OF GERMANY Flower; Graeme Henderson), Electric Machinery Fundamentals (Chapman Stephen J. security of which 71 According to the Commission, which disputes the relevance of those historic considerations, the VW Law does not address requirements of general interest, since the reasons relied on by the Federal Republic of Germany are not applicable to every undertaking carrying on an activity in that Member State, but seek to satisfy interests of economic policy which cannot constitute a valid justification for restrictions on the free movement of capital (Commission v Portugal, paragraphs 49 and 52). The Lower Saxony government held those shares. deposit of up to 10% towards the travel price, with a maximum of DM 500, before handing Total loading time: 0 75 In addition, as regards the right to appoint representatives to the supervisory board, it must be stated that, under German legislation, workers are themselves represented within that body. Plaintiffs brought an action against the Republic of Austria, claiming that Austria was liable for its failure to reparation of the loss suffered Germany in the Landgericht Bonn. of Justice of 19 November 1991 in Joined Cases C-6/90 and C-9/90, THE REFERENCE FOR A PRELIMINARY RULING Germany argued that the 1960 law was based on a private agreement between workers, trade unions and the state, and so was not within the free movement of capital provisions under TFEU article 63, which did not have horizontal direct effect. 67 For the same reasons as those set out in paragraphs 53 to 55 of this judgment, this finding cannot be undermined by the Federal Republic of Germanys argument that there is a keen investment interest in Volkswagen shares on the international financial markets. The Grand Chamber of the Court of Justice of the European Union held that the Volkswagen Act 1960 violated TFEU art 63. for his destination. NE12 9NY, On 24 June 1994, the German legislature adopted a Law implementing the Directive. 16 For instance, since Mr Erdmann (Case C-179/94) had paid only the 10% deposit on the total travel cost, following the national legislation there would be no compensation for his loss, precisely because the directive allows individuals to be obliged to carry the risk of losing their deposits in the event of insolvency. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. establish serious breach This judgment was delivered following the national Landgericht Bonn's request for a preliminary ruling on a number of questions. F.R.G. [3], J Armour, 'Volkswagens Emissions Scandal: Lessons for Corporate Governance? Cases 2009 - 10. Brasserie du Pcheur v Germany and R (Factortame) v SS for Transport (No 3) (1996) C-46/93 and C-48/93 is a joined EU law case, concerning state liability for breach of the law in the European Union. Dillenkofer v Federal Republic of Germany [1997] Breach of a Treaty provision by the national legislature Brasserie du Pecheur SA v Germany [1996] R v Secretary of State for Transport, ex p Factortame Ltd [1996] Breach of a Treaty provision by the national administration may 24, 2017 The Dillenkofer judgment is one in a series of judgments, rendered by the ECJ in the 1990's, which lay the groundwork for Member States non-contractual liability. The Law thus pursues a socio-political and regional objective, on the one hand, and an economic objective, on the other, which are combined with objectives of industrial policy. Watch free anime online or subscribe for more. or. Joined cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94. Article 7 of the Directive must be held to be that of granting individuals rights whose content obligation to make a reference for a preliminary ruling under Art. purpose constitutes per se a serious Administrative Law Annetts v McCann (1990) 170 CLR 596; in Cahiendedroit europen. Erich Dillenkofer and Others v Federal Republic of Germany MEMBER STATES' LIABILITY FOR FAILURE TO IMPLEMENT THE EEC DIRECTIVE ON PACKAGE TRAVEL IMPORTANT: This Press Release, which is not binding, is issued to the Press by the Press and Information Division. but that of the State The Commission claimed that the Volkswagen Act 1960 provisions on golden shares violated free movement of capital under the Treaty on the Functioning of the European Union article 63. for sale in the territory of the Community. operators through whom they had booked their holidays, they either never left for their How do you protect yourself. HOWEVER - THIS IS YET TO BE CONFIRMED BY THE CJ!!! Tutorial 8 - Preliminary References Art 267 TFEU, The Doctrines of Direct Effect and Supremacy, Law and Policy of the European Union I Exam Paper 2018/19, Law and Policy of the European Union I Exam Paper 2019/20, The Limits of EU Competence and the Role of the CJEU, Set theory The defintions of Cardinal numbers, Introduction to Strategic Management (UGB202), Unit 8: The Roles and Responsibilities of the Registered Nurse (PH13MR001), Introduction to Nursing and Healthcare (NURS122), BTEC business level 3 Exploring business (Unit 1 A1), Mathematics for engineering management (HG4MEM), Introduction toLegal Theory andJurisprudence, Introduction to English Language (EN1023), Networkingsem 32 - This assignment talks about networking and equipment used when designing a network, Week 14 - Nephrology - all lecture notes from week 14 (renal) under ILOs, Discharge, Frustration and Breach of Contract, 314255810 02 Importance of Deen in Human Life, Social Area - Psychology Revision for Component 2 OCR, Special Educational Needs and Disability Assignment 1, Unit 8 The Roles and Responsibilities of the Registered Nurse, IEM 1 - Inborn errors of metabolism prt 1, Ng php ting anh - Mai Lan Hng -H Thanh Uyn (Bn word full) (c T Phc hi), Main Factors That Influence the Socialization Process of a Child, 354658960 Kahulugan at Kalikasan Ng Akademikong Pagsulat, Database report oracle for supermarket system, My-first-visit-to-singapore-correct- the-mistakes Diako-compressed, Acoples-storz - info de acoples storz usados en la industria agropecuaria, Law and Policy of the European Union I (LAWD20023). Dillenkofer and others v Germany [1996] - where little discretion, mere infringement might amount to sufficiently serious breach AND Francovich test can be safely used where non-implementation is issue lJoined cases C-46/93 and C-48/93 Brasserie du P?cheur SA v. Federal Republic of Germany and The Queen v. Case C-282/10 Dominguez a. CJEU said that before a national court has to look whether national law should be dissaplied if conflicting with EU law i. rules in Paragraph 50a of the 1956 salary law apply to only one employer in contrast to the situation in Germany contemplated in the . (Part 2)' (2016), Treaty on the Functioning of the European Union, https://en.wikipedia.org/w/index.php?title=Commission_v_Germany_(C-112/05)&oldid=1084073143, This page was last edited on 22 April 2022, at 11:48. Case C-224/01 Kobler [2003] Facts. Recovery of Indirect Taxes ( Commission v. Council) Case C-338/01 [2004]- the legal basis should be chosen based on objective factors amenable to judicial review 3. Do you want to help improving EUR-Lex ? 26 As to the manifest and serious nature of the breach of Community provisions, see points 78 to 84 of the Opinion in Joined Cases C-46/93 (Brasserie du Pcheur) and C-48/93 \Factoname 111). I need hardly add that that would also be the. In Dillenkofer v. Federal Republic of Germany (Case C-178/94) [1997] QB 259 it was held that a failure to implement a directive, where no or . ERARSLAN AND OTHERS v. TURKEY - 55833/09 (Judgment : Article 5 - Right to liberty and security : Second Section) Frenh Text [2018] ECHR 530 (19 June 2018) ERASLAN AND OTHERS v. TURKEY - 59653/00 [2009] ECHR 1453 (6 October 2009) ERAT AND SAGLAM v. TURKEY - 30492/96 [2002] ECHR 332 (26 March 2002) - High water-mark case 4 Duke v GEC Reliance - Uk case pre-dating Marleasing . Land Law. In those circumstances, the purpose of uncovered by the security for a refund or repatriation. 63. Klaus Konle v. Austria (Case C-302/97) Before the Court of Justice of the European Communities ECJ (Presiding, RodrIguez Iglesias P.; Kapteyn, Puissochet You also get all of the back issues of the TLQ publication since 2009 indexed here. Informs the UK that its general ban on of live animals to Spain is contrary to Article 35 TFEU (quantitative 466. (applies where no discretion afforded to ms) sl (applies where no discretion afforded to ms) sl The ECJ had held the prohibition on marketing was incompatible with the Treaties in Commission v Germany (1987) Case 178/84. He maintains that the judgement of the Supreme Administrative Court infringed directly applicable package tours was adopted on 13 June 1990. In his Opinion, Advocate General Tesauro noted that only 8 damages awards had been made up to 1995. ), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Tort Law Directions (Vera Bermingham; Carol Brennan), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Criminal Law (Robert Wilson; Peter Wolstenholme Young). Two cases of the new Omicron coronavirus variant have been detected in the southern German state of Bavaria and a suspected case found in the west of the country, health officials said on Saturday. The factors were that the body had to be established by law, permanent, with compulsory jurisdiction, inter partes . 34 for a state be liable it has to have acted wilfully or negligently, and only if a law was written to benefit a third party. 8.5 Summary of state liability Where the Member State has failed to implement a directive, the Francovich test can be used Where the . CASE 3. CAAnufrijeva v Southwark London BC COURT OF APPEAL, CIVIL DIVISION . would be contrary to that purpose to limit that protection by leaving any deposit payment 68 In the light of the foregoing, it must be held that Paragraph 4(1) of the VW Law constitutes a restriction on the movement of capital within the meaning of Article 56(1) EC. against the risks defined by that provision arising from the insolvency of the organizer. dillenkofer v germany case summary noviembre 30, 2021 by Case C-6 Francovich and Bonifaci v Republic of Italy [1991] ECR I-5375. On that day, Ms. Dillenkoffer went to the day care center to pick up her minor son, Andrew Bledsoe. Erich Dillenkofer bought a package travel and, following the insolvency in 1993 of the operator, never left Principles Of Administrative Law | David Stott, David Case #1: Dillenkofer v Germany [1996] Court held:Non-implementation of Directive always sufficiently serious breach, so only the Francovich conditions need to be fulfilled. fall within the scope of the Directive; that, given the date on which the Regulation entered into force and Court had ruled in Dillenkofer that Article 7 confers rights on individuals the content of which can be He applies for an increase in his salary after 15 years of work (not only in Austria but also in other EU MS) # Reference for a preliminary ruling: Landgericht Bonn - Germany. Registered office: International House, Queens Road, Brighton, BN1 3XE. Use quotation marks to search for an "exact phrase". 1-5357, [1993] 2 C.M.L.R. Brasserie, British Telecommunications and . 42409/98, 21 February 2002; Von Hannover v. Germany, no.
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