Saturday, March 19, 2005

Grounds for Judicial Review 3 - Violation to a Key Principle of EC Law

The ECJ regards violations by Community institutions to a general principle from the domestic law of Member States, or to any general principle of international laws or in the general principles recognised by the EC Treaty as null.

Transocean Marine Paint Association sued the EC Commission because the latter issued a measure in relation to the renewal of an exemption from the competition rules policy which provide an opportunity for the members of the Association to be heard. The Association argued that the measure should be annulled because it had been denied a hearing.

The ECJ held that a person whose interests are affected by a decision taken by a public authority such as the Commission, must have the opportunity to submit his observations. The offending part of the measure was annulled. (See Transocean Marine Paint Association v EC Commission, Case 17/74), 1974.

Gabriel Sawma

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