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🌏 | Intel charges US $ 6 million overdue interest for refund of fine cancellation


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Intel claims overdue interest of $ 6 million to European Commission for refund of fines

 
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Last year, the Court of Justice of the European Court issued a groundbreaking decision last year to order the European Commission to pay delinquent interest for a refund of fines associated with the cancellation of a decision related to competition law.
 

[Brussels XNUMXth Reuters] -US semiconductor giant Intel told the European Union (EU) European Commission that the company ... → Continue reading

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Fines refund

    European Court of Justice

    European Union
    European Union flag
    European Union politics

     -Story--History 

    European Court of Justice(Oshuhosaibansho) isEuropean Union OfBasic treaty,decreeAn institution established for the purpose of controlling these, interpreting them appropriately, and applying them equally in the region.In the European UnionSupreme CourtEquivalent to.EnglishThen. European Court of Justice; ECJIt is common to write as.Under the basic treaty Court of Justice of the European Communities(European Communities Court of Justice), But the official name is in the Lisbon Treaty that came into effect in 2009.Court of Justice of the European Union(European Union Court of Justice) Was changed.LuxembourgThe capital ofLuxembourg CityToCourt of justice(Founded in 1952),裁判 所(1988),Special courtIt is set up as a permanent institution consisting of three parts (2004) (the year of establishment of each part isEuropean Court of Justice(According to the official website).

    In the European UnionEuropean Parliament,European Union Council,European CommissionLaws are enacted and enforced by such organizations, but such laws areTreaty of Rome for the establishment of the European Community,European Union TreatyIt is possible that it is inconsistent with such a basic treaty.For example, there is a law in the countryConstitutionIn such cases, the courts in that country usually interpret the Constitution and its laws and examine their consistency.However, when a court in a member country makes a decision on the laws of the European Union, it is possible that the decision will not be unified throughout the European Union.Therefore, the Treaty of the Establishment of the European Community empowers the European Court of Justice to make exclusive judgments on her EU law, providing a unified interpretation of the law.

    In addition, if a member country fails to fulfill its obligations stipulated in the Treaties of the European Union and the Second Law, at the request of the European Commission, the European Court of Justice finds the state illegal or makes it illegal. When the government does not respond, it imposes high fines to ensure respect for various laws and regulations, especially basic treaties.

    Name

    The official name of the European Court of Justice (European Union Court of Justice) isOfficial language of the European UnionNotated by.The official language of the European Union is 2007 languages ​​as of January 1, 1, and the official name of the Court of Justice of the European Union is also written in each language.

    • Bulgarian : Съд на Европейските общности
    • Czech : Evropský soudní dvůr
    • Danish : Europæiske Fællesskabers Domstol
    • German : Gerichtshof der Europäischen Gemeinschaften
    • Estonian : Euroopa Uhenduste Kohus
    • Greek : Δικαστήριο των Ευρωπαϊκών Κοινοτήτων
    • English : Court of Justice of the European Communities
    • Spanish : Court of Justice of the European Union
    • French : Cour de justice des Communa utés euro péennes
    • Irish : Cúirt Bhreith iúnais na h Eorpa
    • Italian : Corte di Giustizia delle Comunit à Europee
    • Latvian : Eiropas Kopienu Tiesa
    • Lithuanian : Europos Bendrijų Teisingumo Teismas
    • Hungarian : Europai Közösségek Bíróságát
    • Maltese : Qorti tal-Ġustizzja tal-Komunitajiet Ewropej
    • Dutch : Hof van Justitie van de Europese Gemeenschappen
    • Polish : Trybunał Sprawiedliwości Wspólnot Europejskich
    • Portuguese : Tribunal de Justiça das Comunidades Europeias
    • Romanian : Curtea de justiţie a Comunit ăţil or Europene
    • Slovak : Sú dny dvor Európskych spoločenstiev
    • Slovenian : Sodišče Evropskih skupnosti
    • Finnish : Euroopan yhteis öjen tuomioistuin
    • Swedish : Europeiska gemenska pernas domstol

    History

    Constitution

    The European Court of Justice is composed of 220 judges and 27 legal officers under Article 8 of the Treaty of the Establishment of the European Community.In addition, the court supervises the affairsexecutive director(Term of office is 6 years, reappointment is possible) has been appointed.

    Judge

    In appointing judges, each member state recommends one person of their own nationality and is elected by mutual approval of all member states.Normally, the number of judges is the same as the number of member countries, but since the European Court of Justice always has an odd number of judges, one additional judge will be appointed when the number of member countries becomes an even number. To.The term of office is six years and he can be reappointed. 1 or 1 people will be re-elected every 6 years.The appointed judges are elected by each otherPresident of the Court of JusticeTo be elected.The term of office of the Secretary is three years and can be reappointed. From October 3, 2015BelgiumThe native is the secretary.

    Legal officer

    The counsel assists the court by giving a fair and independent opinion on the pending case of the court (although the counsel's opinion does not directly bind the judge).Like judges, legal officers are recommended by each country and appointed after mutual recognition of all member states, but five of the eight legal officers are the five major European Union countries (8 of the eight legal officers).Germany,France,United Kingdom,Italy,Spain) Will be appointed by nationalities, and the remaining three will be appointed by rotation from 3 countries other than the five major countries.The court will also appoint one of the eight legal officers as chief legal officer.The term of office of the Chief Legal Officer is one year, and he proposes whether to examine the judgment of the Court of Justice in the European Court of Justice.Lisbon TreatySo, for the permanent legal officer, in addition to the conventional five countries, I have been asking for this post for some time.PolandThe total number of people will be increased from 8 to 11.

    Jurisdiction

    At the time the Treaties of the European Union came into force, the power given to the European Court of Justice was limited.especially"the ATLAS projectIs the first pillar ofEuropean CommunityAlthough he had jurisdiction over the fields related to, the other two (Common foreign and security policy,Police/criminal justice cooperation) Was not given jurisdiction at all.This is what the court said in the Treaties of the European Union and the Treaty of the Establishment of the European Community.European Union Court of Justice (Court of Justice of the European Union) Can be inferred from the fact that it is not stated (if the Lisbon Treaty comes into effect). Court of Justice of the European Union Renamed as).CurrentlyAmsterdam TreatyTherefore, jurisdiction is partially granted under certain conditions in the field of police and criminal justice cooperation, which is the third pillar.Cases under the jurisdiction of the European Court of Justice include:

    • Matters concerning activities as a community in general (Euratom Treaty for the Establishment of the European Community, the Treaty for the Establishment of the European Atomic Energy Community, and related legal systems)
    • Some matters concerning the field of police and criminal justice cooperation (European Union Treaty Vol. VI) --However, it is necessary to sign the Treaty of Amsterdam and declare that the member states have accepted the jurisdiction thereafter.
    • Provisions for Close Cooperation (European Union Treaty Vol. VII) --However, it has jurisdiction only in the fields of community activities and police and criminal justice cooperation. (Articles 11 and 11a of the Treaty of the Establishment of the European Community, Article 40 of the Treaty of the European Union)
    • Matters concerning the protection of the basic rights of individuals against the actions of the institutions of the European Union (Article 6 of the European Union Convention)
    • Provisions for Suspension Procedures for Member States (Article 7 of the European Union Treaty)
    • Provisions for amending the basic treaty, provisions for accession to the European Union, etc. (Articles 46 to 53 of the European Union Treaty)

    Therefore, the European Court of Justice has no jurisdiction over the second pillar, the field of common foreign and security policy.

    Management

    There are three types of courts in the European Court of Justice under the Treaty of Rome.Which court will handle the case will be decided by a general meeting of all judges and lawyers.

    All courts

    All courts are in charge of all judges.The following four cases are stipulated in the rules of the European Court of Justice.

    • European Parliament ombudsman dismissal
    • European Commission Duties and Code of Ethics
    • Dismissal of European Commission
    • European Accounting AuditorDismissal of committee members

    Grand court

    The large court is in charge of 13 judges, and the secretary is the presiding judge.At least nine judges are required to attend the decision.The cases handled are important and are stipulated by the Code of the European Court of Justice.It must also be heard in a large court when requested by a member state or a European Union agency that is a party to the trial.

    Small court

    The small court is handled by three or five judges. The term of office of the presiding judge of a small court consisting of three people is one year, and the term of office of the presiding judge of a small court consisting of five people is three years.Many cases are heard in this small court, and the decision requires the attendance of at least three judges.Also, the language used in the European Court of Justice isMember countriesThere are 23 languages, which are the official languages ​​of each, and they are used properly for each case in the hearing, but the working language in the court is French, and the judgment sentence is drafted in French and then depending on the case. It has been translated.

    Proceedings type

    Cases heard in the European Court of Justice are classified by the Treaty of Rome.The main types are as follows.

    Default proceedings

    A default lawsuit is when a Member State is considered to be in breach of various laws and regulations of the European Union, the European Commission or another Member State is against the country and is illegal against the European Court of Justice. It is a lawsuit seeking recognition of the condition.Prior to this, the Commission shall hear the views of the country concerned and endeavor to respond to the situation in question for the country concerned.If the country does not comply with this, the proceedings will be filed, but if the European Court of Justice subsequently finds it illegal and still does not respond, the European Court of Justice will, at the request of the European Commission, the country concerned under the Treaties of the European Union. Can take sanctions against.

    Cancellation lawsuit

    Binding legislation enacted by European Union agencies (Rule,instruction,Decide) Can be filed for examination of its legality.The Court of Justice of the European Union declares the applicable law invalid for all, if found to be a lack of authority, a serious breach of procedural requirements, a violation of the Treaties of the European Union or other EU laws, or an abuse of authority, going back to the time of enactment. be able to.However, there are the following conditions that can be filed.

    1. Member States, the European Parliament, the Council of the European Union and the European Commission can always raise
    2. With the European Court of AuditorsEuropean Central BankIs limited to defending one's rights
    3. Individual,Corporation(Including local governments) is limited to cases where the effects of the relevant laws and regulations are directly and personally received.

    Omission proceedings

    When the European Parliament, the Council of the European Union, the European Commission, the European Court of Auditors, and the European Central Bank do not take the necessary actions for the activities of the European Union, these bodies are accused of inaction in the Court of Justice of the European Court. You can ask.This action can be filed by member states, the European Parliament, the Council of the European Union, the European Commission, the European Court of Auditors, the European Central Bank, as well as individuals and corporations, which can be plaintiffs for not enacting legislation.However, the plaintiff must ask the institution to act before filing a proceeding, and if the institution does not act within two months, the proceedings may be filed.

    Litigation claim for damages

    Member States may file a proceeding for damages in the European Court of Justice in the event of damages caused by the conduct of the duties of the institutions of the European Union or their officials.

    Appeal

    The Court of Justice of Europe may be requested to reexamine the legal part of the decision of the Court of Justice.

    Prior judgment

    Of the three pillars of the European Union, the laws and regulations in the field of the European Community are applied and enforced by the administrative organs of each member country.Therefore, laws and regulations in this field can also be used in court hearings in member countries.At this time, the Court of Justice must refer to the European Court of Justice for the interpretation of the law.The European Court of Justice can give an opinion on the case inquired, but the Court of Justice will make a judgment based on this opinion.Opinions issued by the European Court of Justice also bind the judgment of similar cases in the courts of appeal and all courts of member states.For this reason, the opinion of the European Court of Justice is called a preliminary judgment.

    Sharing of hearings

    Since its founding in 1952, the European Court of Justice has independently judged cases related to legal interpretation, but the burden has increased due to the increase in the number of subjects to be examined due to the expansion of member states and institutions and the enhancement of EU law. It was.Therefore1988ToSingle European ProtocolBased on the above, the Council of the European Union decided to introduce a court of first instance, which also serves as a two-trial system, and was added to the Court of Justice of the European Union the following year.after that2003ToNice TreatyThe uniqueness of the court of first instance has come to be recognized.The court of first instance holds a large number of proceedings filed by individuals and corporations.In addition, the Nice Treaty allowed the establishment of a judicial subcommittee under the court of first instance as a measure to further reduce the burden, and made it possible to handle proceedings in specific fields.In response, the Council of the European Union has established the European Union Civil Service Tribunal as a special court to handle proceedings regarding employment conditions and rules of employment between European Union institutions and their staff.

    problem

    The European Court of JusticeFederal Law of the Federal Republic of GermanyWas illegal because it was inconsistent with the European Union treaty2001Due to the ruling ofEuroscepticFeared from.The European Court of JusticeBasic treatyAnd its secondary law (directives, rules, decisions) has often been ruled to take precedence over the laws of any member country.The Court of Justice of the European Union therefore has the power to declare that any Member State domestic law that is inconsistent with the law of the European Union is invalid.

    外部 リンク

    Coordinate: North Latitude 49 Degrees 37 Minutes 15.7 Seconds East longitude 6 degree 8 min 26.2 sec /49.621028 degrees north latitude 6.140611 degrees east longitude / 49.621028; 6.140611


     

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