Cases: European Union Law

Case 411/10 NS and Others (2011) ECR I-13905

  Facts: This case concerned an asylum seeker in the UK who first entered the EU through Greece. The Dublin Regulation, which governs this aspect of EU asylum law, provides that in this case the competent Member State to consider the asylum claim should have been Greece. NS challenged his transfer to Greece, claiming that…

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Case 206/13 Cruciano Siragusa v Regione Sicilia (2014) ECR 126

Principle: It important to consider the objective of protecting fundamental rights in EU law, which is to ensure that those rights are not infringed in areas of EU activity, whether through action at EU level or through the implementation of EU law by the Member States. The reason for pursuing that objective is the need to avoid…

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Case 540/03 European Parliament v Council of the European Union (2006) ECR I-5769

  Facts: The European Parliament sought annulment of the provisions of the Family Reunification Directive (20003/86/EC). This was because the provisions were incompatible with the fundamental human rights.   Issue: Were the provisions of the Family Reunification Directive annulled?   Held: The CJEU found it unnecessary to consider whether the provisions should be separated from…

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Case 2/92 The Queen v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock (1994) ECR I-0955

Facts: Bostock similarly to the above case was a tenant farmer. Following the case of Wachauf, Bostock argued that he should be entitled to compensation for the value of the reference quantities on the expiry of his lease. Unlike the situation in Germany, though, this right was not protected under English law at the time…

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Case 5/88 Wachauf (1989) ECR 2609

Facts: Wachauf was a tenant farmer who, upon the expiry of his tenancy, requested compensation arising out of the loss of ‘reference quantities’ on the discontinuance of milk production. When this was refused, he claimed that this was an infringement of his right to private property, protected under the German constitution. The German authorities claimed…

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