21 Facts About EU law

European Union EU law is a system of rules operating within the member states of the European Union .

The Treaty of Westphalia 1648, which brought peace according to a system of international EU law inspired by Hugo Grotius, is generally acknowledged as the beginning of the nation-state system.

The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the EU law is observed", although realistically it has the ability to expand and develop the EU law according to the principles it develops consistently with democratic values.

EU law claimed the Italian nationalisation law conflicted with the Treaty of Rome, and requested a reference be made to both the Italian Constitutional Court and the Court of Justice under TFEU article 267.

The Italian Constitutional Court gave an opinion that because the nationalisation EU law was from 1962, and the treaty was in force from 1958, Costa had no claim.

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The remedy for a claimant where there has been a breach of the EU law is often monetary damages, but courts can require specific performance or will grant an injunction, in order to ensure the EU law is effective as possible.

EU law claimed that the law not counting her years under age 25 was unlawful age discrimination under the Employment Equality Framework Directive.

The view of the Court of Justice in the leading case, CILFIT v Ministry of Health is that a national court has no duty to refer if the EU law is an acte clair, or "so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved".

The right to an effective remedy is a general principle of EU law, enshrined in the Charter of Fundamental Rights article 47.

The fact that the incompatible EU law is an Act of Parliament is no defence.

In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that a Belgian EU law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection.

So, in a 2009 case, Commission v Italy, the Court of Justice held that an Italian EU law prohibiting motorcycles or mopeds pulling trailers infringed article 34.

Again, the EU law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers.

The aim of the EU law was to prevent cut throat competition, not to hinder trade.

The Court of Justice held, as "in EU law and in fact" it was an equally applicable "selling arrangement" it was outside the scope of article 34, and so did not need to be justified.

The Court of Justice held that Denmark's minimum capital EU law infringed Centros Ltd's freedom of establishment and could not be justified, because a company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection.

Each field of law is vast, so EU law is designed to be subsidiary to comprehensive rules in each member state.

EU law makes basic standards of "exit", rights, and "voice" in enterprise.

Competition EU law has been perceived as an essential part of the "social market economy" since the Treaty of Rome.

The scope of European competition EU law is limited in three main ways: first, by ensuring that only "undertakings" are regulated.

Third, the EU law promotes fair competition, rather than unfair "cut-throat" competition.