ERT AE v Pliroforissis and Kouvelas

ERT AE v Pliroforissis and Kouvelas
Court	European Court of Justice
Full case name	Elliniki Radiophonia Tileorassi (ERT) AE v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas
Citation	(1991) C-260/89, [1991] ECR I 2925
Case history
Prior action	ERT 2
Keywords
Human rights

European Court of Justice (ECJ)

Introduction

The European Court of Justice (ECJ) is the highest judicial authority in the European Union (EU) concerning matters of EU law. It is tasked with interpreting EU law to ensure its uniform application across all EU member states and resolving disputes between national governments, EU institutions, and sometimes individuals or businesses. The ECJ is based in Luxembourg and operates alongside the General Court and the Civil Service Tribunal (now merged into the General Court) under the umbrella of the Court of Justice of the European Union (CJEU).

The ECJ’s role is fundamental in maintaining the consistency and supremacy of EU law over national laws where applicable. Through its rulings, the court has played a crucial part in the evolution of the European Union’s legal framework and its integration process. Since its establishment, the ECJ has significantly influenced the development of European integration by upholding the principles of EU law.

History

The ECJ was established in 1952 with the creation of the European Coal and Steel Community (ECSC). Initially, its jurisdiction was limited to interpreting the ECSC treaty and resolving disputes related to coal and steel industries. However, with the signing of the Treaty of Rome in 1957, which established the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM), the court's jurisdiction expanded.

As the EU expanded in scope and complexity, so too did the powers and importance of the ECJ. Key treaties such as the Maastricht Treaty (1992), the Amsterdam Treaty (1997), and the Lisbon Treaty (2009) broadened the ECJ's role and its legal influence, leading to the creation of the Court of Justice of the European Union (CJEU), which includes the ECJ, the General Court, and specialized courts.

Structure and Composition

The European Court of Justice is composed of one judge from each EU member state, meaning the number of judges currently stands at 27. These judges are selected by consensus of the member states for a term of six years, which is renewable. The judges are required to be individuals whose independence is beyond doubt and who possess the qualifications required for the highest judicial offices in their respective countries.

The court is also assisted by a group of Advocates General, who provide independent and impartial opinions on cases before the court. These opinions are not binding but are often influential in shaping the court's decisions. The number of Advocates General is currently 11.

The judges of the ECJ elect a President from among their number for a renewable term of three years. The President oversees the work of the court, represents it in external matters, and directs judicial business. The court may sit in chambers of three or five judges for more straightforward cases, or as a Grand Chamber of 15 judges for more complex or important cases. In particularly significant cases, the court may sit as a Full Court.

Jurisdiction and Functions

The European Court of Justice’s jurisdiction covers a wide range of areas related to the interpretation and application of EU law. The court’s primary responsibility is to ensure the uniform interpretation of EU law across all member states and to settle legal disputes involving EU institutions, member states, businesses, and individuals. Its functions can be broken down into several key categories:

1. Preliminary Rulings

One of the most important functions of the ECJ is issuing preliminary rulings. National courts in EU member states may refer questions to the ECJ concerning the interpretation or validity of EU law. This process ensures that EU law is interpreted consistently across the Union. The ECJ's rulings in these cases are binding on all member states, helping to create a cohesive legal framework within the EU. Preliminary rulings also allow national courts to ensure that the decisions they make in cases involving EU law are aligned with the broader European legal framework.

2. Infringement Proceedings

The European Commission or an EU member state can initiate infringement proceedings if it believes that another member state has failed to comply with its obligations under EU law. The ECJ can issue judgments in these cases, and if a state is found to be in violation, it is required to remedy the situation. The court can also impose financial penalties on member states that fail to comply with its judgments.

3. Actions for Annulment

EU institutions, member states, or individuals can bring an action for annulment before the ECJ if they believe that a particular act of the EU institutions (such as a regulation, directive, or decision) is unlawful. If the court agrees, it can declare the act void. This function ensures that EU institutions operate within their legal limits and that they respect fundamental rights.

4. Actions for Failure to Act

If an EU institution fails to act when required by EU law, individuals, businesses, or member states can bring an action for failure to act before the ECJ. The court can then decide whether the institution was indeed obliged to act and, if so, can compel the institution to fulfill its legal duties.

5. Direct Actions

Individuals or businesses can also bring direct actions before the ECJ if they believe they have been directly harmed by an EU decision. These cases can be brought in areas such as competition law, trade, and the protection of fundamental rights under the EU treaties.

Landmark Cases

The ECJ has issued several landmark rulings that have shaped EU law and policy. Some of the most notable cases include:

Van Gend en Loos (1963): In this case, the ECJ established the doctrine of direct effect, which allows individuals to rely on EU law in national courts. This case laid the foundation for the ECJ’s authority and the supremacy of EU law over national law.

Costa v. ENEL (1964): The court confirmed the principle of supremacy of EU law over national law, stating that EU law takes precedence over conflicting national legislation.

Cassis de Dijon (1979): This ruling established the principle of mutual recognition of goods between EU member states, allowing products lawfully sold in one member state to be sold in others, which furthered the creation of the single market.

Factortame (1990): This case involved the principle of state liability, where the ECJ ruled that a member state could be held liable for damages caused to individuals or businesses by a breach of EU law.

Digital Rights Ireland (2014): In this case, the ECJ ruled that the Data Retention Directive was invalid as it violated fundamental rights to privacy and data protection, marking a significant ruling in the area of human rights and digital freedoms.

Role in European Integration

The ECJ has played an essential role in advancing European integration. Its rulings have often favored a broader interpretation of EU powers, reinforcing the idea of a unified Europe governed by common laws. By consistently upholding the supremacy of EU law, the ECJ has ensured that member states adhere to their obligations under the treaties and has facilitated the creation of a single market and a common judicial space.

Criticism and Controversies

The ECJ has not been without its critics. Some argue that the court’s rulings have occasionally extended the scope of EU law beyond what was originally intended by the treaties, leading to accusations of judicial activism. Critics from some member states have raised concerns about the erosion of national sovereignty, especially in cases where the ECJ’s rulings have overridden national laws or constitutions.

However, proponents argue that the ECJ’s role in ensuring the uniform application of EU law and upholding the rights of individuals and businesses across Europe is crucial for the functioning of the EU as a legal and political entity.

Conclusion

The European Court of Justice is a central pillar of the European Union’s legal system. Through its judgments and interpretations, the ECJ has shaped the development of EU law and the integration of Europe. The court’s decisions have had a profound impact on the legal frameworks of member states, ensuring the supremacy and consistent application of EU law, and contributing to the EU’s goal of creating a closer and more unified European community.

ERT, a Greek radio and TV company, had exclusive rights for broadcasting, and claimed an injunction against Pliroforissis and Kouvelas for setting up a rival TV station without a licence. They claimed they should be allowed to operate under the right to free movement of goods and competition law, and the ECHR article 10 on freedom of expression.

The Court of Justice held that the derogations from the right to free movement had to be appraised in light of the European Convention on Human Rights.

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• European Union law