Conseil d'Etat — General Part — Principles and norms to which public services and authorities are subjected — Community law

Date Citation Note
06.11.2002 CE, Sect. Case Société Caixa Bank France European Communities
Freedom of establishment
The question whether the fact that it is prohibited in France for banking houses established in that country to remunerate sight deposits is compatible with freedom of establishment or not is a serious difficulty which merits that the question be referred to the European Court of Justice
10.07.2002 CE, Sect. Case Fédération CFDT Interco Community law
Local authorities
The right of all workers to be consulted about and to participate in questions relating to safety and health at work, laid down by Council Directive no. 89/391 of 12 June 1989, requires that the representatives of the personnel within joint (“paritaire”) technical committees set up by local authorities and their public establishments be elected by all categories of employees
25.01.2002 CE., Ass., Case Ligue pour la Protection des Oiseaux et Autres Hunting
European Communities
The Conseil d’Etat held that several provisions of the Decree of 1 August 2000 relating to dates for hunting water game and migrant birds were not compatible with the objectives of the Directive “Birds” of 2 April 1979 relating to the protection of wild animals and quashed that Decree to the extent that it fixes the opening and closing dates for hunting water game and migrant birds
The Court referred to the Court of Justice of the European Communities the question whether the derogations to the closing rules effected by this Decree can be grounded in Article 9 of the Directive of 2 April 1979
03.12.1999 CE, Sect., 3 décembre 1999, p. 379 Case Association ornithologique et mammalogique de Saône-et-Loire et rassemblement des opposants à la chasse

Means of ensuring the supremacy of Community Law over domestic law
Conflict between national law and EU law – scope of discretion in minister in withdrawing incompatible legislation and introducing compatible measures

06.02.1998 CE, Ass., 6 février 1998, p. 30 Case Tête et Association de sauvegarde de l’Ouest Lyonnais Effect of Community Directives
Application by French Administrative Courts
30.10.1996 CE, Ass., 10 octobre 1996, p. 397 Case S.A. Cabinet Revert et Badelon Plea of illegality
Incompatibility of the provisions upon which was based a contested individual decision with the objectives of a Directive
Incompatibility of national law with EC Directive – VAT regulations – Supervening Directive extends the date for implementation – whether this has retrospective effect (no)
23.06.1995 R.F.D.A. Sept.–Oct. 1995, 11 (5), 1037
Case SA Lilly France
Public authorities cannot rely on the provisions of a Community Directive which have not been implemented into national law.
28.02.1992 CE, Ass., 28 février 1992, p. 78
Case Société Arizona Tobacco Products et S.A. Phillip Morris
Supremacy over the law, after the expiration of the deadline for transposition
Liability of the State
Incompatibility of subsequent Law with EC Directive ¿¿¿ disapplication of the incompatible Law and annulment of the implementing Decree
24.09.1990 CE, 24 séptembre 1990, p. 251
Case Boisdet
Incompatibility of ministerial decree with European Community law - invalidity of legislation and decisions made in breach of a Regulation — charges extending to third parties to an agreement by way of decree
20.10.1989 CE, Ass., 20 octobre 1989, p.190
Case Nicolo
Compatibilty of national law with EC Treaty — French electoral law for European Parliament, whether incompatible (no) — inclusion of the DOM-TOMs within France for European electoral purposes
03.02.1989 CE, Ass., 3 février 1989, p. 44
Case Compagnie Alitalia
Community Directives
Illegal regulations
Duty of the administration to withdraw illegal decrees — provisions of decree in breach of EU Directive — exemptions from VAT deduction
22.12.1978 CE, Ass., 22 décembre 1978, p. 524
Case Ministre de l’intérieur c. Cohn-Bendit
Community Regulations and national law