Web-Companion "Essential EU Law in Charts"

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Dear Reader of "Essential EU Law in Charts, 2nd Lisbon edition, 2010". Please take note of the following updates and corrigenda:

Typographical error | p. 318

Page: 318 Chart Number: 12/29 Chart Title: Illegality of the Union act

Regarding the box entitled “Sufficiently serious breach” (middle, on the right-hand side), second-last bullet point, the reference to Schneider should read as follows:

Sufficiently serious breach

Test based on the discretion available to the institution: “whether the […] institution concerned manifestly and gravely disregarded the limits on its discretion”; Brasserie du Pêcheur (1996).

  • Therefore: the fact that a legislative act is null and void is not by itself sufficient; Bayerische HNL (1978).
  • But: where the institution has only a considerably reduced, or even no, discretion, the mere infringement of EU law may be sufficient; Bergaderm (2000), Fresh Marine (2003).

Some positive examples:

  • Agricultural decision by the Commission (bananas); Camar (2000, 2002, 2005);
  • Merger decision (refusal) by the Commission; Schneider (2007, 2009);
  • Delay by the GC in rendering a judgment; Der Grüne Punkt (2009)
Published: 2 July 2010