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Core Text Series
European Union Law

Eleventh Edition
Margot Horspool
Emeritus Professor of European and Comparative Law at the University of Surrey; Fellow
in European Law of the British Institute of International and Comparative Law, London
Matthew Humphreys
Professor of Law: Vice Principal (Quality and Standards) and Head of School of Law and
Social Sciences, Royal Holloway, University of London; Professor at the University of
Notre Dame, London
Michael Wells-Greco
Lecturer in Law PhD, Assistant Professor, University of Maastricht; Partner, Charles

Russell Speechlys
With contributions by
Noreen O’meara, Menelaos Makakis, and Adam Lazowski

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom
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Eighth edition 2014

Ninth edition 2016
Tenth edition 2018
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Created on: 05 August 2021 at 9:00 p.m.

MARGOT
Ter herinnering aan mijn moeder, Johanna van Ling (1908–1997), in fond and lasting
memory of my husband Christopher (1940–2013), and to Isabella, Amelia, Jude, Opre
and Johan, Europeans of the new Millennium.
MATTHEW
For Sam and Emma, and a special welcome to Daisy.
MICHAEL
For my daughters Théa and Ava, with love.

Foreword to the first edition
The law of the European Union has evolved considerably both in scope and importance
since the early days. The rapidly changing legal landscape has made it one of the most
interesting fields of law for the student, the teacher, the practitioner and even the legal
philosopher. Once perceived as a curiosity of only marginal interest to all but the
specialist, it has become of central importance for many aspects of the national legal scene,
so that the lawyer who dismisses Community law as an irrelevance does so at his—and his
insurer’s—peril. This risk is all the greater because much of Community law is hidden
behind national legislation.
In the early days, when lawyers asked what EC law was about, one could simply
recommend them to read the Treaty. Its structure was straightforward and so, for the most
part, were its terms. This is still good advice, for the Treaty remains the primary source of
law and it is impossible to understand Community law without knowing one’s way round
the Treaty. But the treaty structure has been complicated by the addition—without a clear
indication of their interrelationship—of the Single European Act, the EU Treaty and now,
increasingly, Third Pillar Conventions. The EC Treaty itself has been radically amended,
and there has been an explosion of secondary legislation, much of it highly technical.
Some of the new texts seem designed to paper over political differences rather than to set
out in a coherent way the legal rules and institutional relationships that form the basis of
the European Union. To an increasing extent, the Court of Justice is called upon to
complete or explain legislative uncertainties. So, simply to read the texts would give a very
incomplete understanding of their legal effect. They must be set in their historical and
political context and the special methods of interpreting multilingual texts must be
mastered.
This presents a challenge to the student and the teacher. The contours of the Community
legal system change so rapidly that textbooks quickly become out of date. The student
should, in any event, be exposed to more than one view of how the law has evolved, and
how it should be read, understood and applied.
Margot Horspool’s new book presents EU law, not as a static body of legal rules, but as a
dynamic system, evolving as much through case law and academic discussion as legislative
activity. It offers a comprehensive guide to the Union and Community system, looking at
the institutional structure and processes as well as the substantive and procedural law. A
particular strength of the book is that it encourages the reader to adopt a proactive,
reflective approach through the inclusion, at the end of each chapter, of self-test capsules
of questions and points for discussion.
This book is a worthy addition to the valuable contribution that University College London
has already made to the study of European law in the United Kingdom.
Judge David Edward
Court of Justice of the European Communities
Luxembourg
3 September 1998
Foreword to the sixth edition,
at the time of the coming into
force of the Lisbon Treaty
Much has changed in the field of EU law since the publication of the fifth edition of this
book—most of all, as a result of the Lisbon Treaty coming into force.
On the simplest level, the structure of the Treaties has been changed and the Articles have
been renumbered. But the substantive changes are extensive and their consequences are
potentially far-reaching.
What was formerly the Third Pillar (Freedom, Security and Justice—formerly Justice and
Home Affairs) has been removed from the loose structures of inter-governmental
negotiation, and brought within the discipline of the ‘Community system’. Proposals in
this field of activity will now be fully subject to parliamentary and judicial control,
although public understanding is not made any easier by the proliferation of opt-outs.
Indeed, the number and complexity of Protocols and Declarations make the legal regime
extremely confusing, even for experts.
Two consequences of Lisbon have been less widely noticed and commented upon than they
should have been, in Britain at any rate.
The first is the importance attached by the Treaty on European Union to the principles of
conferral, subsidiarity and proportionality. All proposals must now pass these tests which
are, in principle at least, judicially enforceable. Judicial enforcement is, however, the
ultimate sanction. Of greater practical importance will be the disciplines imposed on the
political institutions, especially the Commission.
The second consequence, intimately connected with the first, is the role given to national
Parliaments as guardians of these principles in the evolution of EU proposals. The Council,
as an institution, represents the governments of the Member States and is closely involved
in the evolution of legislative proposals. The Lisbon Treaty presupposes that national
Parliaments may, and sometimes will, raise objections to proposals that have found favour
with their governments. The political consequences are potentially far-reaching.
In addition, the Treaty recognises, for the first time, the existence of regional Parliaments
with legislative powers. Admittedly, they are only to be consulted by national Parliaments,
and then only ‘where appropriate’. But the recognition that EU proposals may be of
legitimate concern to democratically accountable actors below the level of the Member
States is also a recognition that respect for subsidiarity is not the exclusive prerogative of
national institutions.
Looked at from this point of view, the Lisbon Treaty is not a further step towards a
‘European super-state’, but rather a step towards a Europe that recognises and protects the
variable geometry of its constituent parts. For one observer at least, it is a pity that the
Lisbon Treaty marks the end of the ‘European Community’—a title that is less ambitious
than ‘European Union’, but perhaps more truly reflective of what we would like to build.
David Edward
Edinburgh
25 June 2010
Foreword to the tenth edition
I am delighted to have been asked to write a foreword to this book, although this is a sad
and confusing time for those of us who have been involved in teaching and practising (and
in my case, judging) EU law.
The vote of the British people, by a slim majority, to leave the EU was the culmination of a
series of Eurosceptic posturings by our Prime Minister, David Cameron, in the vain hope
of uniting his fractured party and keeping at bay a perceived threat from UKIP. Our
current Prime Minster, Theresa May, in her speech in Florence, excused or explained the
outcome on the ground that ‘the European Union never felt to us like an integral part of
our national story in the way it does to so many elsewhere in Europe’. That may be true for
many of our fellow citizens, but not for all. How this sorry melodrama will end is, at the
moment, anyone’s guess.
In the meanwhile, one thing is certain: EU law will not become less important for law
students and practitioners in the UK. It will just become more difficult! People, goods and
services will continue to move between the UK and the EU. Directly or indirectly, EU law
will affect what they do. But the law to be applied will be not only the law of the Treaties
and the case law of the Court of Justice but also the law to be derived from the Withdrawal
Agreement (if any) and any further agreement as to future relations between the UK and
the EU. For the future student and practitioner in the UK, solving the puzzle of the Rubik’s
cube will be as nothing to the multidimensional legal problems with which they will be
faced.
So it becomes all the more important never to treat EU law as a form of black letter law
where it is simply a matter of identifying the applicable rule, interpreting it correctly, and
applying it to the case in hand. All the provisions of EU law must be understood and
interpreted in their own historical context (remote or very recent) and, in the case of
agreements between the UK and the EU27, in light of the intentions of the parties.
Brexit is only one of the many problems with which the EU institutions and Member States
are faced. I offer three examples. First, the immigration crisis has put strains not only on
the political relations between Member States but, more fundamentally, on the principle of
free movement of persons. Second, the rapidly deteriorating relations with Russia have
accentuated the importance of security co-operation and the law relating to the Treaty
provisions on Freedom, Security and Justice. Third, the legal protection of personal data,
which the Court of Justice has enhanced, is now threatened by the wilful misconduct or
negligence of global enterprises whose activities cannot easily be controlled by the EU or
the Member States.
EU law never was, and certainly is not now, confined to the law of the Single Market,
important as that is. As citizens, as well as students and practitioners, we have to ask
ourselves what we think our political and legal institutions are for, and whether our
expectations, and their claims, are rational and attainable.
David Edward
Edinburgh
April 2018
Preface
This book is intended as an introductory text to European Union law. Successive Treaties
follow the initial ones, the impact of European Union law has expanded even further than
before. It is becoming practically impossible for law students, and increasingly difficult for
legal practitioners in many areas, to do without at least a basic knowledge of European
law. This book hopes to serve as a guide and as a basis for further studies of the subject.
For a more extensive knowledge of any of the areas of European Union law dealt with in
this book, reference should be made to:
the original sources of European Union legislation
the case law of the Court of Justice and the General Court
textbooks on European Union law
casebooks on European Union law
European (and sometimes national) law journals
Internet sources, in particular the Europa website.
( a ) Original sources
European Union primary legislation is to be found in the various Treaties. There are
original versions of the treaties available in all 24 official languages of the Union, but
useful texts collate the Treaties and the most important secondary legislation. Foster,
Blackstone’s EU Legislation (OUP, latest edition); Rudden and Wyatt, EU Treaties and
Legislation (OUP, latest edition).
European Union secondary legislation (Regulations, Directives, Decisions) is published in

the Official Journal of the European Union (L Series). The C Series contains proposals for
legislation.
Regulations are numbered giving the number first, followed by the year of publication, e.g.
Regulation 1/2003; Directives indicate the year of publication first, followed by the
number, e.g. Directive 2004/38. The same applies to Decisions.
( b ) Case law of the European Courts
The Court of Justice cases are referred to by number, followed by the year. Cases before
the General Court of the European Union (formerly the Court of First Instance) are
preceded by a T, and cases before the Court of Justice of the European Union are preceded
by a C. Readers should note that the distinction between General Court and Court of
Justice cases only starts with the establishment of the Court of First Instance in 1989, and
cases before that date have no letter prefix. Appeals are marked P, interim measures are
marked R. Until September 2016, there was also a European Union Civil Service Tribunal,
where staff cases were heard and case numbers are preceded by an F.
The European Court Reports (ECR) was the official citation for Court of Justice of the
European Union reports. Reports have moved to electronic publication as from 2014 and
with this came a new citation system: the European Case Law Identifier (ECLI). The Court
has also retrospectively added an ECLI to all earlier judgments, and also to Opinions of the
Advocates General. Reference will usually be made to these official reports. The All
England Law Reports have published EU law reports since 1995 and reference will be
made to them where appropriate. Historically, a widely used unofficial reporter was the
Common Market Law Reports (CMLR). This series publishes the principal judgments of
the Court of Justice, competition decisions taken by the European Commission, important
judgments on EU law by courts of the Member States and other important
communications. Reference will be made to this series particularly in respect of national
cases which are not reported in the European Court Reports. Important judgments of the
Court are also reported in the Times Law Reports (TLR), the Independent, the Financial
Times and the Industrial Relations Law Reports (IRLR). Most accessible are the digital
reports of the Court of Justice, freely available from the Court’s website. The official
reports of the General Court (and the European Union Civil Service Tribunal) have for
some time only been available in digital format. The printed version remains the official
format of the Court of Justice reports, but these reports are also freely available online.
( c ) Textbooks
There are a number of textbooks which may be referred to for more extensive treatment of
the subjects in this book. It is best mainly to consult books published since the ratification
of the Lisbon Treaty, but some earlier books are still useful:
Woods, Watson and Costa, Steiner & Woods EU Law (Oxford: OUP, latest edition)
Hartley, The Foundations of European Union Law (8th edn, Oxford: OUP, 2014)
Kapteyn and Verloren van Themaat, Introduction to the Law of the European Union and
the European Communities, edited by L Gormley (4th edn, Kluwer, 2009)
A good cases and materials plus textbook published in the US is:
Bermann, Goebel, Davey and Fox, European Union Law (3rd edn, Thomas Reuters
Westlaw, 2011)
( d ) Casebooks
Because of the rapid development of EU law, the most recent casebooks are the most
useful. While not exclusively a casebook, the most current book including extensive case
extracts is:
Craig and de Búrca, EU Law, Text, Cases and Materials (7th edn, Oxford: OUP, 2020)
( e ) Law journals
The principal English language journals that publish articles on European Union law
include:
Common Market Law Review (CMLRev)
European Law Review (ELRev)
European Competition Law Review (ECLRev)

International & Comparative Law Quarterly (ICLQ)
European Journal of International Law (EJIL)

Journal of Common Market Studies (JCMS)
Legal Issues of European Integration (LIEI)
Yearbook of European Law (YEL).
A major headache caused by both the Treaties of Lisbon and Amsterdam is the
renumbering of the Articles of the Treaty on European Union and of the European
Community Treaty, now the Treaty on the Functioning of the European Union. A table of
equivalences of the old and the new articles charting both alterations is included in the
Online Resources and the tables section of this book. The book uses the new numbers
throughout, but frequently refers to older numbers in brackets.
( f ) Internet sources
The most useful website is that of the European Union itself: www.europa.eu, on which
most of the materials referred to in (a) and (b) may be found. In addition, all the latest
developments are also reported there. The website of the Court of Justice is
https://curia.europa.eu/.
Acknowledgements
The United Kingdom finally left the European Union in the period since the tenth edition
— the first time a Member State has done so. Yet for the all the debate and detailed
package of new rules affecting the UK and the EU, the structure of the European Union’s
founding Treaties is unchanged. We have retained the scope of the book from the previous
editions and updated the law and key Union developments since the tenth edition,
incorporating elements of the UK and EU Trade and Cooperation Agreement Treaty as
appropriate. We would like to thank Noreen O’Meara, Menelaos Makakis, and Adam
Lazowski for their contributions to particular chapters. We would also like to thank
Thomas Kozdron for research and assistance with updates to internal market law and the
law on the EU’s general principles. Finally, we would like to express our gratitude to the
numerous individuals who have assisted and contributed to the earlier editions of the
book.
Margot would like to thank her family, in particular her son David, who applied his
editorial experience to his reading of the entire text of the first edition, and always
remember her late husband Christopher, who put up bravely with her mental and physical
absences when working on this book in all its previous editions, with remarkably few
complaints. Matthew would like to thank all his students who have engaged with EU Law
at this time of great change, keeping it relevant while also looking at the big picture.
Despite appearances to the contrary, always believe positive change can happen if you
believe in it! And Michael would like to send his heartfelt thanks to David, Théa and Ava
for all the support, distraction and for just being wonderful.
London July 2021

New to the eleventh edition
• A new Chapter 17 covering the EU’s external relations, which includes the
relationship with the UK
• Expanded discussion of climate change policy and the EU
• Expanded discussion of discrimination law affecting individuals with protected

characteristics
• Expanded discussion of the general principles and common standards

underpinning European Union law and the increasing challenge for the Institutions
in expressing shared values in the face of some opposition in some Member States
(primarily from central Europe).
• Updated content reflecting European Court of Justice case law in relation to the
Four Freedoms
• The EU-UK Trade and Cooperation Agreement reflected in all the relevant chapters
reflecting the scope and particular areas of the Agreement
• Added coverage of Commission enforcement powers under the UK’s Withdrawal
Agreement with the EU
• Relevant chapters include a summary of Brexit related legal changes
Table of abbreviations
Throughout this book, a number of abbreviations are used to save space and to make the
text more concise:
AAC average avoidable costs
AFSJ Area of Freedom, Security and Justice
AG Advocate General
CFI Court of First Instance (now General Court)
CFSP Common Foreign and Security Policy
CJEU Court of Justice of the European Union
COR Committee of the Regions
COREPER Committee of Permanent Representatives
CWP Commission’s Work Programme

DG Directorate General
EC European Community
ECA European Communities Act 1972
ECB European Central Bank
ECHR European Convention for the Protection of Human Rights and
Fundamental Freedoms
ECJ European Court of Justice
ECN European Competition Network
ECR European Court Reports
ECSC European Coal and Steel Community

ECtHR European Court of Human Rights
EEA European Economic Area

EEAS European External Action Service
EEC European Economic Community
EESC European Economic and Social Committee

EFTA European Free Trade Association
EMI European Monetary Institute
EMU Economic and Monetary Union

EP European Parliament
EU European Union
Euratom European Atomic Energy Community
FAC Foreign Affairs Council

FCC Federal Constitutional Court (Bundesverfassungsgericht)
FiT feed-in-tariff
FTT financial transaction tax
GATT General Agreement on Tariffs and Trade
IGC inter-governmental conference
IP intellectual property
JHA Justice and Home Affairs
LRAIC long run average incremental cost
MEP Member of the European Parliament
NAP national action plan
NATO North Atlantic Treaty Organization
NCA Nuclear Cooperation Agreement
NGO non-governmental organisation
OECD Organisation for Economic Co-operation and Development

OEEC Organisation for European Economic Cooperation
OJ Official Journal of the European Communities
QMV qualified majority voting
R&D research and development

SCIA Security of Classified Information Agreement
SDA selective distribution agreement
SEA Single European Act

SGEI Services of General Economic Interest
TCA Trade and Cooperation Agreement
TEU Treaty on European Union

TFEU Treaty on the Functioning of the European Union
VAT Value Added Tax
WTO World Trade Organization
Table of cases
Alphabetical list of all cases
A Ahlström Oy v Commission (‘Woodpulp’) (89, 104, 114, 116–117 and 125–129/85)

[1988] ECR 5193, ECJ … 14.38, 14.66
A-Brauerei (C-374/17) [2018] ECLI:EU:C:2018:1024 … 14.275
A-Punkt Schmuckhandel GmbH v Claudia Schmidt (C-441/04) [2006] ECR I-2093,
ECJ … 10.100
Aalborg Portland v Commission (C-204, C-205, C-211, C-213, C-217 and C-
219/00P) [2004] ECR I-123, ECJ … 14.54
Abdoulaye v Régie Nationale des Usines Renault (C-218/98) [1999] ECR I-5723,
ECJ … 16.32
Abrahamsson and Anderson v Fogelqvist (C-407/98) [2000] ECR I-5539, ECJ …
4.49, 6.56, 16.55–16.56
ACF Chemiefarma NV v Commission (41/69) [1970] ECR 661, ECJ … 14.39
Adams see R v Secretary of State for the Home Department, ex p Adams [1995] All
ER (EC) 177
Adams v Commission (145/83 and 53/84) [1985] ECR 3539, ECJ … 8.115–8.116,
8.122
Adoui and Cornuaille v Belgium (115 and 116/81) [1982] ECR 1665, ECJ … 12.111
AEG-Telefunken (107/82) [1983] ECR 3151, ECJ … 14.41
Aéroports de Paris (C-82/01P) [2002] ECR I-9297, ECJ … 14.25
Aher-Waggon GmbH v Germany (C-389/96) [1998] ECR I-4473, ECJ … 10.63
Air France v Commission (T-3/93) [1994] ECR II-121, CFI … 8.53

Air Transport Association of America v Secretary of State for Energy and Climate
Change (C-366/10) [2011] ECR I-13755, ECJ … 7.12, 15.59
Airtours v Commission (T-342/99) [2002] ECR II-2585, CFI … 14.175, 14.263,

14.265
AITEC v Commission (T-447, T-448 and T-449/93) [1995] ECR II-1971, CFI … 8.86
Åkerberg Fransson (C-617/10) ECLI:EU:C:2013:105, ECJ … 6.106, 7.30, 13.10
Akrich (C-109/01) [2003] ECR I-9607, ECJ … 12.48, 13.45–13.46

Aktien-Zuckerfabrik Schöppenstedt v Council (5/71) [1971] ECR 975, ECJ … 8.116,
8.123, 8.125–8.126, 8.130
AKZO Chemie BV v Commission (5/85) [1986] ECR 2585, ECJ … 3.68

AKZO Chemie BV v Commission (53/85) [1986] ECR 1965, ECJ … 5.59, 8.53
AKZO Chemie BV v Commission (62/86) [1991] ECR I-3359, ECJ … 14.167, 14.199–
14.200
AKZO Nobel v Commission (C-97/08) [2009] ECR I-8237, ECJ … 14.37
Alabaster v Woolwich plc (C-147/02) [2004] ECR I-3101; [2005] ICR 695, ECJ …
16.21, 16.104
Ålands Vindkraft (C-573/12) ECLI:EU:C:2014:2037, ECJ … 15.32
Albron Catering (C-242/09) [2010] ECR I-10309, ECJ … 6.121
Alcan v Commission (69/69) [1970] ECR 385, ECJ … 8.91

Alemo-Herron v Parkwood Leisure Ltd (C-426/11) [2013] ICR 1116 … 6.116
Alfons Lütticke GmbH v Commission (4/69) [1971] ECR 325, ECJ … 8.118, 8.124
Alfons Lütticke GmbH v Commission (48/65) [1966] ECR 19, ECJ … 8.15, 8.17, 8.56
Alfons Lütticke GmbH v Hauptzollamt Saarlouis (57/65) [1966] ECR 205, ECJ …
7.6, 9.38, 9.49
Algera v Common Assembly (7/56 and 3–7/57) [1957] ECR 39, ECJ … 5.57, 8.117
Alimanovic (C-67/14) ECLI:EU:C:2015:597, ECJ … 12.66
Allonby v Accrington & Rossendale College (C-256/01) [2004] ECR I-873, ECJ …
16.35
Almelo v Energiebedrijf IJsselmij NV (C-393/92) [1994] ECR I-1477, ECJ … 9.11
Alpha Steel v Commission (14/81) [1982] ECR 749, ECJ … 6.132
Alpine Investments v Minister van Financiën (C-384/93) [1995] ECR I-1141, ECJ …
11.32, 11.55, 12.141
AM v EM (C-667/19) [2020] ECLI:EU:C:2020:1039 … 10.18
AM & S Europe Ltd v Commission (155/79) [1982] ECR 1575, ECJ … 6.4, 6.13, 6.137
Amministrazione delle Finanze dello Stato v San Giorgio (199/82) [1983] ECR
3595, ECJ … 7.136
AMOK Verlags GmbH v A & R Gastronomie GmbH (C-289/02) [2003] ECR I-

15059, ECJ … 12.165
Amsterdam Bulb BV v Produktschap voor Siergewassen (50/76) [1977] ECR 137,
ECJ … 5.100
Andersen (C-499/08) [2010] ECR I-9343, ECJ … 16.119

Andersson v Svenska Staten (C-321/97) [1999] ECR I-3551; [2000] 2 CMLR 191,
ECJ … 4.51
Angestelltenbetriebsrat der Wiener Gebietskrankenkasse v Wiener
Gebietskrankenkasse (C-309/97) [1999] ECR I-2865, ECJ … 16.34
Angonese (Roman) v Cassa di Risparmio di Bolzano SpA (C-281/98) [2000] ECR I-
4139, ECJ … 4.91
Anheuser-Busch v BudejovickíBudvar (C-245/02) [2004] ECR I-10989, ECJ … 5.31

Antonissen see R v Immigration Appeal Tribunal, ex p Antonissen (C-292/89) AOK
Bundesverband (C-264/01) [2004] ECR I-2493, ECJ … 14.31
Apothekerkammer des Saarlandes v Saarland and Ministerium für Justiz,
Gesundheit und Soziales (C-171 and C-172/07) [2010] ECR I-4171, ECJ … 12.114
Apple and Pear Development Council v KJ Lewis Ltd (222/82) [1983] ECR 4083,
ECJ … 10.3
Aragonesa and Publivia v Department of Social Security of Catalunya (C-1 and C-
176/90) [1991] ECR I-4151, ECJ … 10.78
Arantis v Land Berlin (C-164/94) [1996] ECR I-135, ECJ … 12.94
Arblade and Leloup (C-369 and C-376/96) [1999] ECR I-8453, ECJ … 11.49, 11.82
Arcelor, Conseil d’Etat (France) decision 08/02/2007 … 7.92
ARCO Chemie Nederland (C-418 and C-419/97) [2000] ECR I-4475, ECJ … 15.68
Ariete (811/79) [1980] ECR 2545, ECJ … 6.121
Arizona Tobacco (1992) (French Conseil d’Etat) … 7.92

Arsenal v Reed (C-206/01) [2003] All ER (EC) 1, ECJ … 4.45
Arsenal Football Club v Reed [2002] EWHC 2695 (Ch); [2003] 1 All ER 137 … 4.45
Art Treasures see Commission v Italy (‘Art Treasures’) (7/68)
Ascafor and Asidac v Administración (C-484/10) ECLI:EU:C:2012:113, ECJ … 10.20
Asociaţia Accept v Consiliul Naţional pentru Combaterea Discriminārii (C-81/12)

ECLI:EU:2013:275, ECJ … 16.75
Asociación Profesional Élite Taxi v Uber Systems Spain SL (C-434/15)
ECLI:EU:C:2017:981, ECJ … 11.36, 11.56
Associaçao National de Operadores de Máquinas Recreativas (C-6/01) [2003] ECR

I-8621, ECJ … 11.76
Associação Sindical dos Juízes Portugueses (C-64/16) [2018] ECLI:EU:C:2018:117

… 6.73
Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres

(C-236/09) [2011] ECR I-773, ECJ … 6.113
Association de Médiation Sociale (C-176/12) ECLI:EU:C:2014:2, ECJ … 7.27–7.28
Associazione Avvocatura per i diritti LGBTI (C-507/18) [2020]

ECLI:EU:C:2020:289 … 16.126
Athanasios Vatsouras and Josif Koupatantze v Arbeitsgemeinschaft (ARGE) (C-22
and C-23/08) [2009] ECR I-4585, ECJ … 12.63, 12.66
Atlanta Fruchthandelsgesellschaft mbH v Bundesamt für Ernährung und
Forstwirtschaft (C-465 and C-466/93) [1995] ECR I-3761, ECJ … 7.110, 7.193
Aubertin (C-29 and C-35/94) [1995] ECR I-301, ECJ … 13.65
Audiolux SA v GBL (C-101/08) [2009] ECR I-9823, ECJ … 6.4, 6.15
Auer v Ministère Public (No 2) (271/82) [1983] ECR 2727, ECJ … 12.87
Austria v Council (C-445/00) [2003] ECR I-8549, ECJ … 6.42
Austria v Germany (C-591/17) [2019] ECLI:EU:C:2019:504 … 8.45, 10.13
Austria v Parliament and Council (C-161/04) [2006] ECR I-7183, ECJ … 6.42
Automec v Commission (T-24/90) [1992] ECR II-2223, CFI … 14.229

Azienda Nazionale Autonoma delle Strade (ANAS) (C-192/98) [1999] ECR I-8583,
ECJ … 4.50
Azienda sanitaria locale n. 5 ‘Spezzino’ (C-113/13) ECLI:EU:C:2014:2440, ECJ …
11.86
B S and C A (C-663/18) [2020] ECLI:EU:C:2020:938 … 10.33

Badeck (C-158/97) [2000] ECR I-1875, ECJ … 16.56
Bakker Hillegom (C-111/89) [1990] ECR I-1735, ECJ … 9.31
Baltic Media Alliance (C-622/17) [2019] ECLI:EU:C:2019:566 … 11.32

Banchero (C-157/92) [1993] ECR I-1085, ECJ … 4.94
Banchero (No 2) (C-387/93) [1995] ECR I-4663, ECJ … 4.94
Bangladesh case see European Parliament v Council and Commission (Bangladesh

case) (C-181 and C-248/91)
Barber v Guardian Royal Exchange (262/88) [1990] ECR I-1889, ECJ … 6.121,
12.139, 16.42, 16.62–16.63, 16.65
Barr and Montrose Holdings Ltd (C-355/89) [1991] ECR I-3479, ECJ … 4.51
Barra v Belgium and City of Liège (309/85) [1988] ECR 355, ECJ … 6.121
BASF v Commission (T-79, 84–86, 89, 91, 94, 96, 98, 102 and 104/89) [1992] ECR
II-315, CFI … 5.60
BAT Co Ltd and RJ Reynolds Industries Inc v Commission (142 and 156/84) [1987]
ECR 4487, ECJ … 14.238
Bauer (C-569/16 and C-570/16) [2018] ECLI:EU:C:2018:871 … 7.30
Bauhuis v Netherlands (46/76) [1977] ECR 5, ECJ … 9.27, 9.35

Baumbast and R v Secretary of State for the Home Department (C-413/99) [2002]
ECR I-7091, ECJ … 2.67, 12.51–12.52, 13.12, 13.21, 13.25, 13.50, 13.67
Baxter v Premier Ministre (C-254/97) [1999] ECR I-4809, ECJ … 12.99

Becker v Finanzamt Münster-Innenstadt (8/81) [1982] ECR 53, ECJ … 7.17, 7.19,
7.25
Belgium v Blesgen (75/81) [1982] ECR 1211; [1983] 1 CMLR 431, ECJ … 10.65
Belgium v Spain (C-388/95) [2000] ECR I-3123, ECJ … 8.44, 10.114
Bellamy v English Shop Wholesale SA (C-123/00) [2001] ECR I-2795, ECJ … 10.20
Bellon (C-42/90) [1990] ECR I-4863, ECJ … 10.63
Bergaderm see Laboratoires Pharmaceutiques Bergaderm and Goupil v
Commission (C-352/98P)
Bergandi v Directeur Général des Impôts (252/86) [1988] ECR 1343, ECJ … 9.57
Bernd Giloy v Hauptzollamt Frankfurt am Main-Ost (C-130/95) [1997] ECR I-4291,
ECJ … 4.89
Bernini v Minister van Onderwijs en Wetenschappen (C-3/90) [1992] ECR I-1071,
ECJ … 12.19, 12.65
Bertrand (40/75) [1976] ECR 1, ECJ … 8.120

Bethell v Commission (246/81) [1982] ECR 2277, ECJ … 8.104
Bettray v Staatssecretaris van Justitie (344/87) [1989] ECR 1621, ECJ … 12.18–
12.19
BEUC and NCC v Commission (T-37/92) [1994] ECR II-285, CFI … 8.53
BF Cadman v Health & Safety Executive (C-17/05) [2006] ECR I-9583, ECJ … 16.71
Bickel and Franz (C-274/96) [1998] ECR I-7637, ECJ … 13.28
Bidar (C-209/03) [2005] ECR I-2119, ECJ … 12.171, 13.55

BIDS see Competition Authority v Beef Industry Development Society (BIDS) (C-
209/07)
Bilka-Kaufhaus v Weber von Hartz (170/84) [1986] ECR 1607, ECJ … 16.19, 16.23,
16.40, 16.65, 16.78
Birds Eye Walls Ltd v Roberts (C-132/92) [1993] ECR I-5579, ECJ … 16.77
Birra Wührer v Council and Commission (256, 257, 265, 267/80 and 5/81) [1982]
ECR 85, ECJ … 8.115
Blaise and others (C-616/17) [2019] ECLI:EU:C:2019:800 … 8.90, 15.36–15.37
Blaizot v University of Liège (24/86) [1988] ECR 379, ECJ … 6.121, 12.178
Blanco and Febretti (C-344 and C-367/13) ECLI:EU:C:2014:2311, ECJ … 11.67,
11.80
Bluhme see Criminal proceedings against Ditlev Bluhme (C-67/97)
Bobie v Hauptzollamt Aachen-Nord (127/75) [1976] ECR 1079, ECJ … 9.56
Bock v Commission (62/70) [1971] ECR 897; [1972] CMLR 160, ECJ … 8.91
Boehringer Mannheim GmbH v Commission (No 1) (45/69) [1970] ECR 769, ECJ …
6.131
Boehringer Mannheim GmbH v Commission (No 2) (7/72) [1972] ECR 1281, ECJ …
6.131
Boehringer Mannheim v Commission (T-125 and T-152/96) [1999] ECR II-3427,

CFI … 8.83
Boisdet, Re [1991] 1 CMLR 3 (1991) … 7.92
Bond van Adverteerders v Netherlands (352/85) [1988] ECR 2085, ECJ … 11.19,
11.25, 11.32
Bosman see Union Royale Belge des Sociétés de Football Association ASBL v Jean-
Marc Bosman (C-415/93)
Bosphorus Airlines v Ireland [2005] ECHR 440, ECtHR … 6.107

Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v Ireland (App No
45036/98) (2005) 42 EHRR 1, ECtHR … 8.88
Bosphorus Queen Shipping (C-15/17) [2018] ECLI:EU:C:2018:557 … 15.56
Bouchereau see R v Pierre Bouchereau (30/77)
Bouchoucha, Re (C-61/89) [1990] ECR I-3551, ECJ … 12.82
Bouhelier (53/76) [1977] ECR 197, ECJ … 10.114
Bourgoin SA v Ministry of Agriculture, Fisheries and Food [1986] QB 716, CA …
10.38
Boyle v Equal Opportunities Commission (C-411/96) [1998] ECR I-6401, ECJ …
16.103
Brasserie du Pêcheur v Germany and R v Secretary of State for Transport, ex p
Factortame (‘Factortame (No 3)’) (C-46 and C-48/93) [1996] ECR I-1029, ECJ …
7.165, 7.169, 7.172, 7.175–7.176, 8.36, 8.127, 8.130
Bresciani v Amministrazione Italiana delle Finanze (87/75) [1976] ECR 129, ECJ …
9.26
Bressol (Nicolas) and Céline Chaverot v Gouvernement de la Communauté
française (C-73/08) [2010] ECR I-2735, ECJ … 12.7, 12.177
Briheche v Ministre de l’Interieur (C-319/03) [2004] ECR I-8807, ECJ … 16.56
British Airways v Commission (T-219/99) [2003] ECR II-5917, CFI … 14.16
British Airways v Commission (C-95/04) [2007] ECR I-2331, ECJ … 14.167, 14.205
Broekmeulen v Huisarts Registratie Commissie (246/80) [1981] ECR 2311, ECJ …

4.47
Brown v Rentokil Ltd (C-394/96) [1998] ECR I-4185, ECJ … 16.92
Brown v Secretary of State for Scotland (197/86) [1988] ECR 3205, ECJ … 12.20,
12.37, 12.66
BRT v SABAM (127/73) [1974] ECR 313, ECJ … 4.78
Brunner v European Union Treaty [1994] 1 CMLR 57 … 2.13, 2.59, 7.108, 7.110
BT case see R v HM Treasury, ex p British Telecommunications plc (C-392/93) Buet
and EBS (382/87) [1989] ECR 1235, ECJ … 10.86
Bulk Oil AG v Sun International Ltd and Sun Oil Trading Co (174/84) [1986] ECR
559, ECJ … 5.100
Bulmer v Bollinger [1974] Ch 401, CA … 4.57–4.59, 7.66
Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordhein-
Westfalen eV v Bezirksregierung Arnsberg (C-115/09) [2011] ECR I-3673, ECJ …
15.105
Buralux v Council (C-209/94P) [1996] ECR I-615, ECJ … 8.81
Burmanjer (C-20/03) [2005] ECR I-4133, ECJ … 10.100
Busch v Klinikum Neustadt GmbH & Co (C-320/01) [2003] ECR I-2041, ECJ …
16.94
Bussone v Italian Ministry for Agriculture and Forestry (31/78) [1978] ECR 2429,
ECJ … 5.43
Buy Irish Campaign see Commission v Ireland (‘Buy Irish Campaign’) (249/81)
C v M (C-376/14PPU) ECLI:EU:C:2014:2268, ECJ … 4.32
Caballero (Ángel Rodríguez) v Fondo de Garantía Salarial (Fogasa) (C-442/00)
[2002] ECR I-11915, ECJ … 6.52
Cadsky v Istituto Nazionale per il Commercio Estero (63/74) [1975] ECR 281, ECJ
… 9.32
Calfa (C-348/96) [1999] ECR I-11, ECJ … 11.29, 12.113
Cali Apartments (C-724/18) [2020] ECLI:EU:C:2020:743 … 11.52
Campo Ebro Industrial SA v Commission (T-472/93) [1995] ECR II-421, CFI …

8.82
Campus Oil Ltd v Minister for Industry and Energy (72/83) [1984] ECR 2727, ECJ
… 10.28–10.29
Canal Satélite Digital (C-390/99) [2002] ECR I-607, ECJ … 6.36
Capolongo v Maya (77/72) [1973] ECR 611, ECJ … 9.27

Carbonati Apuani (‘Carrara Marble’) (C-72/03) [2004] ECR I-8027, ECJ … 10.110
Carciatti see Criminal proceedings against Carciatti (823/79)
Carpenter v Secretary of State for the Home Department (C-60/00) [2002] ECR I-
6279, ECJ … 2.67, 6.82–6.83, 11.57, 13.67
Cartes Bancaires (C-67/13P) [2014] ELCI:EU:C:2014:2204 … 14.86
Cartesio Oktató és Szolgáltató bt (C-210/06) [2008] ECR I-9641, ECJ … 4.52, 4.76,
12.105–12.106
Casagrande v Landeshauptstadt München (9/74) [1974] ECR 773, ECJ … 12.50
Case E4-19 Campbell v The Norwegian Government (EFTA Court) … 4.97
Case E-3/00, Judgment of 5 April 2001 (EFTA Court) … 5.31
Case No 2 BvR 1390/12 (FCC, 12 September 2012) … 7.113

Case No 2BvR 859/15, 2BvR 1651/15, 2BvR 2006/15 and 2BvR980/16 (FCC, 5 May
2020) … 7.114
Case No 3-4-1-3-06 (Estonia Constitutional Court, May 2006) … 7.129
Case No 3-4-1-5-08 (Estonia Constitutional Court, June 2008) … 7.129

Case No 3-4-1-6-12 (Estonia Constitutional Court, July 2012) … 7.129
Cassis de Dijon see Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein
(‘Cassis de Dijon’) (120/78)
CD v ST (C-167/12) ECLI:EU:C:2014:169, ECJ … 16.108
Centre public d’aide Sociale de Courcelles v Lebon (316/85) [1987] ECR 2811, ECJ
… 12.52
Centros Ltd v Erhvervs- og Selskabsstyrelsen (C-212/97) [1999] ECR I-1459, ECJ …
12.104, 12.116
Centrosteel v Adipol (C-456/98) [2000] ECR I-6007, ECJ … 7.32
Čepelnik (C-33/17) [2018] ECLI:EU:C:2018:1022 … 11.49
Česke dráhy (T-325/16 and T-621/16) [2018] ECLI:EU:T:2018:368 … 14.229
Chacón Navas (Sonia) v Eurest Colectividades SA (C-13/05) [2006] ECR I-6467,
ECJ … 6.51, 16.121
Chanel v Cepeha (31/68) [1970] ECR 403, ECJ … 4.78

Chateignier (Monique) v Office national de l’emploi (ONEM) (C-346/05) [2006]
ECR I-10951, ECJ … 12.62
Chatzi (C-149/10) [2010] ECR I-8489, ECJ … 16.118
Chávez-Vilchez (C-133/15) ECLI:EU:C:2017:354, ECJ … 13.69

Chemical Farmaceutici v DAF (140/79) [1981] ECR 1, ECJ … 9.57
Chemins de Fer Français [1962] CMLR 33 … 7.90
Chemische Afvalstoff en Dusseldorp BV v Minister van Volkshuisvesting,

Ruimtelijke Ordening en Milieubeheer (C-203/96) [1998] ECR I-4075, ECJ …
10.113
Chen see Zhu and Chen (C-200/02)
Chernobyl case see European Parliament v Council (‘Chernobyl’) (70/88)
Chevalley v Commission (15/70) [1970] ECR 975, ECJ … 8.101

CIA Security International v Signalson and Securitel (C-194/94) [1996] ECR I-2201,
ECJ … 7.36, 10.118
CILFIT Srl and Lanificio di Gavardo v Ministry of Health (283/81) [1982] ECR
3415, ECJ … 4.45, 4.53, 4.64–4.65, 4.72, 13.25
Cinéthèque v Fédération Nationale des Cinémas Français (60 and 61/84) [1985]
ECR 2605, ECJ … 4.9, 6.100, 6.102, 6.104, 10.51, 10.64
Ciola v Land Vorarlberg (C-224/97) [1999] ECR I-2517, ECJ … 7.121, 11.26
Cipolla (Frederico) v Rosaria Fazari, née Portolese and Macrino (Stefano) and
Claudia Capoparte v Roberto Meloni (C-94 and C-202/04) [2006] ECR I-11421,
ECJ … 11.84, 12.167
Clean Car Autoservice GmbH v Landeshauptmann von Wien (C-350/96) [1998]
ECR I-2521, ECJ … 12.10
ClientEarth v Commission (C-612/13P) ECLI:EU:C:2015:486, ECJ … 15.97
Clinique Laboratories (C-315/92) [1994] ECR I-317, ECJ … 10.19, 10.47, 10.62
CNTA (74/74) [1975] ECR 533, ECJ … 8.117, 8.126

Coditel v Cine Vog Film (62/79) [1980] ECR 881, ECJ … 11.52
Codorníu SA v Council (C-309/89) [1994] ECR I-1853, ECJ … 8.63, 8.80–8.81,
8.84, 8.87
Coenen v Sociaal Economische Raad (39/75) [1975] ECR 1547, ECJ … 12.101
COFAZ v Commission (169/84) ECR 391, ECJ … 8.75
Cohn-Bendit [1980] 1 CMLR 543 … 4.72, 7.91, 7.102
Coleman v Attridge Law (C-303/06) [2008] ECR I-5603, ECJ … 6.4, 6.49, 16.122
Collins (C-138/02) [2004] ECR I-2703, ECJ … 12.21–12.22, 12.30, 12.60, 12.63
Coloroll Pension Trustees Ltd v James Richard Russell (C-200/91) [1994] ECR I-
4389, ECJ … 16.66
Coman and Others (C-673/16), pending, ECJ … 6.10, 13.44
Comet BV v Produktschap voor Siergewassen (45/76) [1976] ECR 2043, ECJ …
7.131–7.132, 7.141, 7.143, 7.147
Comitology case see European Parliament v Council (302/87)
Commercial Solvents (6 and 7/73) [1974] ECR 223, ECJ … 14.158, 14.160, 14.208
Commission v Austria (C-205/98) [2000] ECR I-7367, ECJ … 6.42
Commission v Austria (C-465/01) [2004] ECR I-8291 … 17.7

Commission v Austria (C-320/03P) [2005] ECR I-7279, ECJ … 6.42, 10.57, 10.103
Commission v Austria (C-524/07) [2008] ECR I-187, ECJ … 6.42, 10.57, 10.104
Commission v Austria (C-53/08) [2011] ECR I-4309, ECJ … 12.127
Commission v Austria (C-28/09) [2011] ECR I-13525, ECJ … 10.34, 10.103
Commission v BASF (‘PVC’) (C-137/92P) [1994] ECR I-2555, ECJ … 8.96
Commission v Bavarian Lager (C-28/08P) [2010] ECR I-6055, ECJ … 3.18, 6.135
Commission v Bayer (C-2 and C-3/01P) [2004] ECR I-23, ECJ … 14.43–14.44
Commission v Belgium (149/79) [1980] ECR 3881, ECJ … 12.122, 12.125

Commission v Belgium (301/81) [1983] ECR 467, ECJ … 8.22
Commission v Belgium (293/85) [1988] ECR 305, ECJ … 8.18
Commission v Belgium (‘Walloon Waste’) (C-2/90) [1992] ECR I-4431, ECJ … 9.11,
10.50, 15.44
Commission v Belgium (C-344/95) [1997] ECR I-1035, ECJ … 12.55

Commission v Belgium (C-207/97) [1999] ECR I-275, ECJ … 8.18, 8.37


Commission v Belgium (C-543/17) [2019] ECLI:EU:C:2019:573 … 8.6, 8.34
Commission v Council (‘ERTA’) (22/70) [1971] ECR 263, ECJ … 3.52, 5.17, 5.19,
5.21, 5.23, 5.53, 8.47–8.49, 17.4
Commission v Council (81/72) [1973] ECR 575, ECJ … 8.96

Commission v Council (‘Titanium Dioxide’) (C-300/89) [1991] ECR I-2867, ECJ …
5.94, 15.11, 15.112
Commission v Council (C-155/91) [1993] ECR I-939, ECJ … 15.11
Commission v Council (C-176/03) [2005] ECR I-7879, ECJ … 5.96, 7.184, 15.112
Commission v Council (C-440/05) [2007] ECR I-9097, ECJ … 15.112
Commission v Denmark (106/84) [1986] ECR 833, ECJ … 9.47
Commission v Denmark (‘Danish Bottles’) (302/86) [1988] ECR 4627, ECJ … 6.36–
6.37, 10.49, 15.31–15.32
Commission v Denmark (C-52/90) [1992] ECR I-2187, ECJ … 8.14
Commission v Denmark (C-192/01) [2003] ECR I-9693, ECJ … 5.31
Commission v France (French Reprography case) (90/79) [1981] ECR 283, ECJ …
9.40
Commission v France (270/83) [1986] ECR 273, ECJ … 12.98
Commission v France (64/88) [1991] ECR I-2727, ECJ … 8.32

Commission v France (C-154/89) [1991] ECR I-659, ECJ … 11.52
Commission v France (‘Spanish Strawberries’) (C-265/95) [1997] ECR I-6959, ECJ
… 10.27

Commission v France (C-24/00) [2004] ECR I-1277, ECJ … 10.32, 10.56


Commission v France, Italy and Denmark (168, 169 and 171/78) [1980] ECR 347,
ECJ … 9.47
Commission v Germany (29/84) [1985] ECR 1661, ECJ … 8.6
Commission v Germany (107/84) [1985] ECR 2655, ECJ … 14.25
Commission v Germany (‘German Beer Purity’) (178/84) [1987] ECR 1227, ECJ …
10.47, 10.62
Commission v Germany (‘Insurance Policies’) (205/84) [1986] ECR 3755, ECJ …
11.52, 12.163
Commission v Germany (18/87) [1988] ECR 5427, ECJ … 9.31, 9.35
Commission v Germany (217/88) [1990] ECR I-2879, ECJ … 8.14
Commission v Germany (C-191/95) [1998] ECR I-5449, ECJ … 8.13, 8.16
Commission v Germany (C-463/01) [2004] ECR I-11705, ECJ … 6.4, 6.41
Commission v Germany (C-54/08) [2011] ECR I-4355, ECJ … 12.127
Commission v Germany (C-142/16) ECLI:EU:C:2017:301, ECJ … 15.37
Commission v Germany (C-377/17) [2019] ECLI:EU:C:2019:562 … 11.70
Commission v Greece (240/86) [1988] ECR 1835, ECJ … 8.21

Commission v Greece (132/88) [1990] ECR I-1567, ECJ … 9.57
Commission v Greece (347/88) [1990] ECR I-4747, ECJ … 8.15
Commission v Greece (C-198/89) [1991] ECR I-727, ECJ … 11.52
Commission v Greece (‘Processed Milk’) (C-391/92) [1995] ECR I-1621, ECJ …

10.82
Commission v Greece (‘Chania Waste’) (C-387/97) [2000] ECR I-5047, ECJ … 8.31,
15.104

Commission v Greece (C-286/08) [2009] ECR I-142 (Summary publication), ECJ …
8.34

Commission v Greece (C-584/14) ECLI:EU:C:2016:636, ECJ … 8.34
Commission v Hungary (Higher Education) (C-66/18) [2020] ECLI:EU:C:2020:792
… 11.27
Commission v Hungary (C-171/17) [2018] ECLI:EU:C:2018:881 … 11.34
Commission v Ireland (55/79) [1980] ECR 481, ECJ … 9.49

Commission v Ireland (‘Irish Souvenirs’) (113/80) [1981] ECR 1625, ECJ … 10.16,
10.42
Commission v Ireland (‘Buy Irish Campaign’) (249/81) [1982] ECR 4005, ECJ …
10.4, 10.13
Commission v Ireland (C-381/92) [1994] ECR I-215, ECJ … 8.26
Commission v Ireland (C-212/98) [1999] ECR I-8571, ECJ … 8.21

Commission v Ireland (C-279 and C-374/11) ECLI:EU:C:2012:834, ECJ … 8.35
Commission v Italy (7/61) [1961] ECR 317, ECJ … 8.14, 8.23, 10.25
Commission v Italy (‘Art Treasures’) (7/68) [1968] ECR 423, ECJ … 9.10–9.11,
10.35, 10.37
Commission v Italy (‘Statistical Levy’) (24/68) [1969] ECR 193, ECJ … 9.19, 9.21,
9.32
Commission v Italy (‘Slaughtered Cows’) (39/72) [1973] ECR 101, ECJ … 5.40, 6.59,
7.14
Commission v Italy (73/79) [1980] ECR 1533, ECJ … 9.29
Commission v Italy (‘Transport Statistics’) (101/84) [1985] ECR 2625, ECJ … 8.25

Commission v Italy (‘Tourist Guides’) (C-180/89) [1991] ECR 709, ECJ … 11.52
Commission v Italy (C-291/93) [1994] ECR I-859, ECJ … 8.29

Commission v Italy (‘Red Bull’) (C-420/01) [2003] ECR I-6445, ECJ … 10.20
Commission v Italy (C-270/02) [2004] 3 CMLR 26, ECJ … 10.33

Commission v Italy (C-110/05) [2009] ECR I-519, ECJ … 10.88, 10.90
Commission v Italy (C-263/05) [2007] ECR I-11745 … 15.66
Commission v Italy (C-531/06) [2009] All ER (EC) 1141; ECR I-4103, ECJ … 12.114
Commission v Jégo-Quéré et Cie SA (C-263/02P) [2004] ECR I-3425, ECJ … 5.51,
8.88
Commission v Kadi (C-584, C-593 and C-595/10P) ECLI:EU:C:2013:518, ECJ …

5.37, 8.59
Commission v Luxembourg (C-51/08) [2011] ECR I-4231, ECJ … 12.127
Commission v Luxembourg and Belgium (2 and 3/62) [1962] ECR 425, ECJ … 9.18
Commission v Luxembourg and Belgium (90 and 91/63) [1964] ECR 625, ECJ …
8.24
Commission v Netherlands (C-353/89) [1991] ECR I-4069, ECJ … 11.52
Commission v Poland (Independence of ordinary courts) (C-192/18) [2019]
ECLI:EU:C:2019:924 … 6.73, 8.2
Commission v Poland (Independence of the Supreme Court) (C-619/18) [2019]
ECLI:EU:C:2019:531 … 6.73, 7.195, 8.2
Commission v Portugal (C-247/89) [1991] ECR I-3659, ECJ … 8.14
Commission v Portugal (C-52/08) [2011] ECR I-4275, ECJ … 12.127
Commission v Portugal (C-292/11P) ECLI:EU:C:2014:3, ECJ … 8.30
Commission v Socurte (C-143/95P) [1997] ECR I-1, ECJ … 8.92

Commission v Spain (‘Santoña Marshes’) (C-355/90) [1993] ECR I-4221, ECJ …
15.86
Commission v Spain (C-45/93) [1994] ECR I-911, ECJ … 11.29, 12.76

Commission v Spain (C-92/96) [1998] ECR I-505, ECJ … 8.31

Commission v Spain (‘Spanish Bathing Water’) (C-278/01) [2003] ECR I-14141,
ECJ … 8.31, 15.104
Commission v Spain (C-67/12) ECLI:EU:C:2014:5, ECJ … 8.6

Commission v Spain (C-658/19) [2021] ECLI:EU:C:2021:138 … 8.6
Commission v Stahlwerke Peine-Salzgitter AG (C-220/91P) [1993] ECR I-2393, ECJ
… 8.126
Commission v Sweden (C-167/05) [2008] ECR I-2127, ECJ … 9.63
Commission v Technische Glaswerke Ilmenau (C-139/07P) [2010] ECR I-5885, ECJ

… 3.19
Commission v United Kingdom (‘Tachographs’) (128/78) [1979] ECR 419, ECJ …
5.43, 7.14, 8.23
Commission v United Kingdom (170/78) [1980] ECR 417, ECJ … 9.61, 9.63
Commission v United Kingdom (‘UHT Milk’) (124/81) [1983] ECR 203, ECJ …
10.13, 10.20, 10.37
Commission v United Kingdom (40/82) [1982] ECR 2793, ECJ … 10.38
Commission v United Kingdom (‘Origin Marking’) (207/83) [1985] ECR 1201, ECJ
… 10.16
Commission v United Kingdom (23/84) [1986] ECR 3581, ECJ … 8.15
Commission v United Kingdom (C-146/89) [1991] ECR I-3533, ECJ … 8.24

Commission v United Kingdom (C-246/89R) [1989] ECR 3125, ECJ … 8.20
Commission v United Kingdom (C-530/11) ECLI:EU:C:2014:67, ECJ … 8.6
Commission v Volkswagen (T-62/98) [2002] ECR II-2707, CFI … 14.42
Commission v Volkswagen (C-74/04P) [2006] ECR I-6585, ECJ … 14.44
Commissioners of Customs and Excise v Samex Aps [1983] 1 All ER 1042 … 4.59
Commune de Mesquer v Total France SA and Total International Ltd (C-188/07)

[2008] ECR I-4501, ECJ … 15.68
Compagnie Alitalia [1990] 1 CMLR 248 … 7.91
Compagnie Continentale (169/73) [1975] ECR 117, ECJ … 8.121

Compagnie d’approvisionnement (No 2) (9 and 11/71) [1972] ECR 391, ECJ … 8.124
Compagnie Maritime Belge (C-395 and C-396/96P) [2000] ECR I-1365, ECJ …
14.173
Competition Authority v Beef Industry Development Society (BIDS) (C-209/07)
[2008] ECR I-8637, ECJ … 14.82
Conegate (121/85) [1986] ECR 1007, ECJ … 10.24

Confédération Nationale des Producteurs de Fruits et Légumes v Council (16 and
17/62) [1962] ECR 471, ECJ … 5.44, 8.77
Conforama (C-312/89) [1991] ECR I-997, ECJ … 10.68
Consten and Grundig v Commission (56 and 58/64) [1966] ECR 299, ECJ … 14.3,
14.20, 14.45, 14.71, 14.74, 14.87, 14.108, 14.116
Continental Can v Commission (6/72) [1973] ECR 215, ECJ … 14.163, 14.167,
14.169, 14.183, 14.199, 14.238
Co-operativa Co-Frutta v Amministrazione delle Finanze dello Stato (193/85)
[1987] ECR 2085, ECJ … 9.42–9.43, 9.62
Coote v Granada Hospitality Ltd (C-185/97) [1998] ECR I-5199, ECJ … 16.54,
16.107
Corbiau v Administration des Contributions (C-24/92) [1993] ECR I-1277, ECJ …
4.49
Costa v ENEL (6/64) [1964] ECR 585, ECJ … 4.36, 4.54, 7.41, 7.43, 7.52, 7.58, 7.115
Council v Commission (C-409/13) ECLI:EU:C:2015:217, ECJ … 3.76
Council v European Parliament (34/86) [1986] ECR 2155, ECJ … 5.54, 8.51
Council v Heidi Hautala (C-353/99P) [2001] ECR I-9565, ECJ … 3.19, 6.134
Council v In ’t Veld (C-350/12P) ECLI:EU:C:2014:2039, ECJ … 6.136
Cowan v Trésor Public (186/87) [1989] ECR 195, ECJ … 7.9, 11.28, 12.76, 13.28
Cresco Investigation GmbH v Markus Achatzi (C-193/17) [2019]
ECLI:EU:C:2019:43 … 7.30, 16.125
Criminal proceedings against Berlusconi (C-387/02) [2005] ECR I-3565, ECJ …
7.33
Criminal proceedings against Carciatti (823/79) [1980] ECR 2773, ECJ … 10.53
Criminal proceedings against Ditlev Bluhme (C-67/97) [1998] ECR I-8033, ECJ …
10.34
Criminal proceedings against Keck and Mithouard (C-267 and C-268/91) [1993]
ECR I-6097, ECJ … 4.9, 10.66, 10.70–10.71, 10.74–10.78, 10.81–10.83, 10.86,
10.88, 10.90, 10.92, 10.94–10.95, 10.97–10.101, 12.141
Criminal proceedings against Luciano Arcaro (C-168/95) [1997] ECR I-135, ECJ …
7.33
Criminal proceedings against Lyckescog (C-99/00) [2002] ECR I-4839, ECJ … 4.61
Criminal proceedings against Oosthoek’s Uitgeversmaatschappij BV (286/81)

[1982] ECR 4575, ECJ … 10.46, 10.86
Criminal proceedings against Rafael Ruiz Bernáldez (C-129/94) [1996] ECR I-1829,
ECJ … 7.36
Criminal proceedings against Tankstation’t Heukske and JBE Boermans (C-401 and
C-402/92) [1994] ECR I-2199, ECJ … 10.81
Criminal proceedings against Tombesi (C-304, C-330, C-342/94 and C-224/95)
[1997] ECR I 3561, ECJ … 15.64
Criminal proceedings against Unterweger (318/85) [1986] ECR 955, ECJ … 4.48
Criminal proceedings against Webb (279/80) [1981] ECR 3305, ECJ … 11.13, 11.47
Criminal proceedings against Wijsenbeek (C-378/97) [1999] ECR I-6207, ECJ …
13.29
Cristini v SNCF (32/75) [1975] ECR 1085, ECJ … 12.29, 12.31
Cruciano Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di
Palermo (C-206/13) ECLI:EU:C:2014:126, ECJ … 6.106, 13.12
Cullett v Centre Leclerc Toulouse (231/83) [1985] ECR 305, ECJ … 10.27
Customs and Excise v Schindler (C-275/92) [1994] ECR I-1039, ECJ … 11.72, 11.77,
12.111
Cynthia Mattern and Hajrudin Cikotic v Ministre du Travail et de l’Emploi (C-
10/05) [2006] ECR I-3145, ECJ … 12.23
Da Costa en Schaake (28–30/62) [1963] ECR 31, ECJ … 4.68–4.69
Danieli v Officine Meccaniche (C-18/17) [2018] ECLI:EU:C:2018:904 … 11.48

Danish bottles case see Commission v Denmark (‘Danish Bottles’) (302/86)
Dano (Elisabeta) v Jobcenter Leipzig (C-333/13) ECLI:EU:C:2014:2358, ECJ …

12.66
Danosa v LKB LĪzings SIA (C-232/09) [2010] ECR I-11405, ECJ … 16.93
Dassonville see Procureur du Roi v Dassonville (8/74)
De Agostini see KO v de Agostini and TV-Shop (C-34, C-35 and C-36/95) De Coster
(C-17/00) [2001] ECR I-9445, ECJ … 4.50, 11.67
De Cuyper v Office national de l’emploi (C-406/04) [2006] ECR I-6947, ECJ …
12.33, 13.33
de Franceschi (51/81) [1982] ECR 117, ECJ … 8.115
de Geus (13/61) [1962] ECR 45, ECJ … 4.76, 4.78
De Kikvorsch Groothandel-Import-Export BV (94/82) [1983] ECR 947, ECJ …

10.47
Decision 1993 (French Conseil Constitutionnel) … 7.94
Decision of 25 June 1997 (Austrian Constitutional Court) … 7.121
Decision of June 2000 (2 BvL 1/97) (German FCC) … 7.110

Decision 2004–496, 10 June 2006 (French Conseil Constitutionnel) … 7.94
Decisions 2004–497, 2004–498 and 2004–499 (French Conseil Constitutionnel) …
7.94
Decision of May 2005 (K18/04), Polish Constitutional Tribunal … 7.126
Decision of 20 December 2007 (French Conseil Constitutionnel) … 7.95
Decision of November 2010 (K32/09), Polish Constitutional Tribunal … 7.127
Decision of November 2011 (SK45/09), Polish Constitutional Tribunal … 7.127
Decision of June 2012 (K33/12), Polish Constitutional Tribunal … 7.127
Decision Pl. ÚS 50/04 (Czech Republic Constitutional Court) … 7.128
Decision Pl. ÚS 19/08 and Pl. ÚS 29/09 (Czech Republic Constitutional Court) …
7.128
Decision STC 26/2014 (Spanish Constitutional Court) … 7.124

Decision TZ 8/12 (Czech Republic Constitutional Court, 15 February 2012) … 7.128
Decker (C-120/95) [1998] ECR I-1831, ECJ … 10.54

Defrenne v Belgium (No 1) (80/70) [1971] ECR 445, ECJ … 16.19
Defrenne v Sabena (149/77) [1978] ECR 1365, ECJ … 6.83, 12.139
Defrenne v Sabena (No 2) (43/75) [1976] ECR 455, ECJ … 4.83, 6.121, 7.7, 7.24,
16.2, 16.7, 16.38, 16.42, 16.120
Dekker v Stichting Vormingscentrum voor Jonge Volwassenen (VJV–Centrum)
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Del Cerro Alonso v Osakidetza-Servicio Vasco de Salud (C-307/05) [2007] ECR I-

7109, ECJ … 16.75
Delhaize see Établissements Delhaize frères et Compagnie Le Lion SA v Promalvin

SA and AGE Bodegas Unidas SA (C-47/90)
Deliège v Ligue Francophone de Judo et Disciplines Associées ASBL (C-51/96 and

C-191/97) [2000] ECR I-2549, ECJ … 11.19, 11.22, 11.25, 12.145
Delvigne (C-650/13) ECLI:EU:C:2015:648, ECJ … 13.60
Demirel (12/86) [1987] ECR 3719, ECJ … 6.100, 6.102

Denkavit (132/78) [1979] ECR 1923, ECJ … 9.20
Dereci v Bundesministerium für Inneres (C-256/11) [2011] ECR I-11315, ECJ …
2.67, 13.52–13.53, 13.69
Deserbais (286/86) [1988] ECR 4926, ECJ … 10.19
Deutsche Telekom v Commission (C-280/08P) [2010] ECR I-9555, ECJ … 14.199
Deutsche Telekom v Schröder (C-50/96) [2000] ECR I-743, ECJ … 16.120
Deutscher Apothekerverband (C-322/01) [2003] ECR I-4887, ECJ … 10.93
Deutscher Handballbund eV v Maros Kolpak (C-438/00) [2003] ECR I-4135, ECJ

… 12.147
D’Hoop v Office National de l’Emploi (C-224/98) [2002] ECR I-6191, ECJ … 12.172
Di Leo v Land Berlin (C-308/89) [1990] ECR I-4185, ECJ … 12.50
Dias (Maria) see Secretary of State for Work and Pensions v Maria Dias (C-325/09)
Diatta v Land Berlin (267/83) [1985] ECR 567, ECJ … 12.44
Dietz v Stichting Thuiszorg Rotterdam (C-435/93) [1996] ECR I-5223, ECJ … 16.65
Digital Rights Ireland (C-293 and C-594/12) ECLI:EU:C:2014:238, ECJ … 6.113

Dillenkofer v Germany (C-178, C-179, C-189 and C-190/94) [1996] ECR I-4845, ECJ
… 7.171
Another random document with
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its larva is called the Hill-grub and lives on the grass of pastures,
frequently doing great damage in hill-lands. The increase of this
moth seems to take place after the manner of an epidemic; a
considerable number of years may pass during which it is scarcely
seen, and it will then appear in unusual numbers in widely separated
localities. This moth lays a large number of eggs, and is not
completely nocturnal in habits; sometimes it may be seen on the
wing in great numbers in the hottest sunshine, and it has been
noticed that there is then a great disproportion of the sexes, the
females being ten or twenty times as numerous as the males. In
Australia, the Bugong moth, Agrotis spina, occurs in millions in
certain localities in Victoria: this moth hibernates as an imago, and it
formerly formed, in this instar, an important article of food with the
aborigines. The powers of increase of another Noctuid moth—
Erastria scitula—are of great value. Its habits have been described
by Rouzaud.[313] On the shores of the Mediterranean the larva of
this little moth lives on a Scale-Insect—Lecanium oleae—that infests
the peach; and as the moth may have as many as five generations in
a year, it commits laudable havoc with the pest. The larva is of
remarkable form, very short and convex, with small head, and only
two pairs of abdominal feet. The scale of the Lecanium is of larger
size than is usual in that group of Insects, and the young larva of the
Erastria buries itself, as soon as hatched, in one of the scales; it
destroys successively numerous scales, and after having undergone
several moults, it finds itself provided, for the first time, with a
spinneret, when, with the aid of its silk, it adds to and adapts a
Coccid scale, and thus forms a portable habitation; this it holds on to
by means of the pair of anal claspers, which are of unusual form.
The case is afterwards subjected to further alteration, so that it may
serve as a protection to the creature when it has changed to a pupa.
This moth is said to be free from the attacks of parasites, and if this
be the case it is probable that its increase is regulated by the fact
that when the creature becomes numerous it thus reduces the food
supply, so that its own numbers are afterwards in consequence
diminished.
One of the most remarkable genera of British Noctuidae is
Acronycta,[314] the larvae of which exhibit so much diversity that it
has been suggested that the genus should be dismembered and its
fragments treated as allied to several different divisions of moths.
There are many points of interest in connection with the natural
history of these Acronycta. A. psi and A. ridens are practically
indistinguishable as moths, though the larvae are easily separated:
the former species is said to be destroyed to an amazing extent by
parasites, yet it remains a common Insect. The genus Apatela is
very closely allied to Acronycta, and Harris says that "Apatela
signifies deceptive, and this name was probably given to the genus
because the caterpillars appear in the dress of Arctians and
Liparians, but produce true owlet-moths or Noctuas."[315] The
species of another British genus, Bryophila, possess the exceptional
habit of feeding on lichens. Some of the American group Erebides
are amongst the largest Insects, measuring seven or eight inches
across the expanded wings.
The Deltoid moths are frequently treated as a distinct family,

Deltoidae, perhaps chiefly because of their resemblance to
Pyralidae. At present, however, they are considered to be separated
from Noctuidae by no valid characters.
Fam. 38. Epicopeiidae.—The genus Epicopeia consists of only a

few moths, but they are amongst the most extraordinary known: at
first sight they would be declared without hesitation to be large
swallow-tail butterflies, and Hampson states that they "mimic" the
Papilios of the Polyxenus group. Very little is known about these
extremely rare Insects, but the larva is stated, on the authority of Mr.
Dudgeon, to surpass the moths themselves in extravagance; to be
covered with long processes of snow-white efflorescence, like wax,
exuded from the skin, and to "mimic" a colony of the larva of a
Homopterous Insect. Some ten species of this genus are known
from Java, India, China, and Japan. In this family there is said to be
a rudimentary frenulum, but it is doubtful whether the hairs that have
given rise to this definition really justify it.
Fam. 39. Uraniidae.—A family of small extent, including light-bodied
moths with ample wings and thread-like antennae; most of them
resemble Geometridae, but a few genera, Urania and Nyctalemon,
are like Swallow-tail butterflies and have similar habits. The
Madagascar moth, Chrysiridia madagascariensis (better known as
Urania rhipheus), is a most elegant and beautiful Insect, whose only
close allies (except an East African congener) are the tropical
American species of Urania, which were till recently treated as
undoubtedly congeneric with the Madagascar moth. The family
consists of but six genera and some sixty species. The question of
its affinities has given rise to much discussion, but on the whole it
would appear that these Insects are least ill-placed near Noctuidae.
[316] The larva of the South American genus Coronidia is in general
form like a Noctuid larva, and has the normal number of legs; it
possesses a few peculiar fleshy processes on the back. A
description of the larva of Chrysiridia madagascariensis has been
widely spread; but according to Camboué,[317] the account of the
metamorphoses, first given by Boisduval, is erroneous. The larva, it
appears, resembles in general form that of Coronidia, and has
sixteen feet; it is, however, armed with long, spatulate black hairs; it
changes to a pupa in a cocoon of open network.
Fig. 206—Abdomen of Chrysiridia madagascariensis. A, Horizontal

section showing the lower part of the male abdomen: 1, first
segment; 2, spiracle of second segment; 4-8, posterior segments.
B, the abdomen seen from the side, with the segments numbered.
The section is that of an old, dried specimen.
In all the species of this family we have examined, we have noticed

the existence of a highly peculiar structure that seems hitherto to
have escaped observation. On each side of the second abdominal
segment there is an ear-like opening (usually much concealed by
overlapping scales), giving entrance to a chamber in the body; this
chamber extends to the middle line, being separated from its fellow
by only a thin partition. At its anterior and lateral part there is a
second vesicle-like chamber, formed by a delicate membrane that
extends as far forwards as the base of the abdomen. There can be
little doubt that this is part of some kind of organ of sense, though it
is much larger than is usual with Insect sense-organs.
Fam. 40. Epiplemidae.—Under this name Hampson has assembled

certain Geometroid moths, some of them placed previously in
Chalcosiidae, some in Geometridae. They form a varied group,
apparently closely allied to Uraniidae, and having a similar peculiar
sense-organ; but are distinguished by the presence of a frenulum.
The larva seems to be like that of Uraniidae.
Fam. 41. Pyralidae.—This division is to be considered rather as a

group of families than as a family; it includes a very large number of
small or moderate-sized moths of fragile structure, frequently having
long legs; antennae simple, only in a few cases pectinate;
distinguished from Noctuidae and all the other extensive divisions of
moths by the peculiar course of the costal nervure of the hind wing,
which either keeps, in the middle of its course, near to the sub-costal
or actually unites with it, subsequently again separating. Members of
the Pyralidae are found in all lands; in Britain we have about 150
species. The larvae are usually nearly bare, with only short,
scattered setae, and little coloration; they have most varied habits,
are fond of concealment, and are very lively and abrupt in
movement, wriggling backwards as well as forwards, when
disturbed; a cocoon is formed for the metamorphosis.
The family as a whole consists of Insects of unattractive appearance,

although it contains some very elegant and interesting moths and
numerous forms of structural interest. In the genus Thiridopteryx little
transparent spaces on the wings occur as a character peculiar to the
males; the spaces are correlative with a greater or less derangement
of the wing-nervures. In some other forms there is a remarkable
retinaculum, consisting of large scales, and this, too, is connected
with a distortion of the wing-nervures. The Pyralidae—Pyralites of
Ragonot,[318] Pyralidina of Meyrick—have recently been revised by
two naturalists of distinction almost simultaneously; unfortunately
their results are discrepant, Meyrick including Pterophoridae and
Orneodidae, and yet admitting in all only eight families; while
Ragonot does not include the two groups named, but defines
seventeen tribes of the two families—Pyralidae and Crambidae—
that he admits.
The Pyraustidae of Meyrick is an enormous division including the

Hydrocampidae and Scopariidae of many authors, as well as the
Pyraustinae proper and a small group of Ragonot's, the
Homophysinae. The division Scopariinae is believed to be amongst
the "most ancient" of Lepidoptera; the food of the larvae consists of
moss and lichens. This group is widely distributed, being richly
represented in Australia, New Zealand, and the Hawaiian Islands, as
well as in Europe; and probably really occurs wherever their food-
plants exist accompanied by a tolerable climate. The statistics of the
distribution of this group, so far as at present known, have been
furnished by Mr. Meyrick, as follows:—European region, about 25
species; Madeira, 3; St. Helena, 6; South Africa, 2 or 3; India, 9;
Malayan region, 3 or 4; Australia, 24; New Zealand, 64; Hawaiian
Islands, 50; North America, 17 (one of them European); South
America, 10. The Hydrocampinae—the China-marks—are of great
interest, as being amongst the few forms of Lepidoptera adapted for
aquatic life. It is believed that all their larvae are aquatic, though of
only a few is there much known. The diversity amongst these forms
is of considerable interest. The habits of Hydrocampa nymphaeata
were long since described by Réaumur, and have more recently
been dealt with by Buckler,[319] W. Müller[320] and Prof. Miall.[321]
Although there are some discrepancies in their accounts, due we
believe to the observations being made at different periods of the life
and under somewhat different circumstances, yet the account given
by Müller is we feel no doubt substantially correct. The larvae when
hatched mine in the leaves of a water-plant for a short time—thirty
hours to three days according to Buckler—and are completely
surrounded by water, which penetrates freely into their burrows; at
this period the caterpillar breathes by its skin, the spiracles being
very small, and the tubes leading from them closed and functionless.
After this brief period of mining life, the larva moults and then
constructs a habitation by cutting a piece out of a leaf, and fastening
it to the under side of another leaf; it is thus provided with a
habitation, but it is one into which the water freely enters, and the
respiratory apparatus remains in the state we have described. The
Insect passes through several moults, and then hibernates in the
water. On its revival in the spring a change occurs, and the larva
constructs a portable, or we should rather say free, habitation out of
two large pieces of leaf of lens-shape, fastened together at the
edges; but the larva has some method of managing matters so that
the water can be kept out of this house; thus the creature lives in air
though immersed in the water. A correlative change occurs in the
structure of the skin and tracheal system. The former becomes
studded with prominent points that help to maintain a coat of air
round the Insect, like dry velvet immersed in water; the spiracles are
larger than they were, and they and the tracheal tubes are open.
One or two moults take place and the creature then pupates. There
is a good deal of discrepancy in the accounts of this period, and it
seems probable that the pupa is sometimes aerial, sometimes
aquatic. Buckler's account of the formation of the case shows that
the larva first cuts off, by an ingenious process, one piece of leaf,
leaving itself on this, as on a raft; this it guides to a leaf suitable for a
second piece, gets the raft underneath, and fastens it with silk to the
upper portion, and then severs this, leaving the construction free;
afterwards the larva goes through a curious process of changing its
position and working at the two extremities of the case, apparently
with the object of making it all right as regards its capacity for
including air and keeping out water. He believes that Réaumur was
correct in his idea that the larva regulates the admission of air or of
water to the case in conformity with its needs for respiration. Müller
calls special attention to the great changes in habit and in the
structure of the integument during the life of this larva; but the reader
will gather from what we relate as to various terrestrial Lepidopterous
larvae, that these phenomena are not very dissimilar from what
frequently take place in the latter; a change of habits at some
particular moult, accompanied by great changes in the integument,
and even in the size of the stigmata, being of frequent occurrence.
The larva of Nymphula stagnata, a close ally of H. nymphaeata, has

aquatic habits of a somewhat similar but simpler nature; while N.
(Paraponyx) stratiotata is very different. This larva is provided with
eight rows of tufts of flexible branchiae, occupying the position of the
spots or setigerous warts usual in caterpillars, and reminding one of
the spines of certain butterfly-larvae, though they are undoubtedly
respiratory filaments. These caterpillars protect themselves by
forming silken webs or cases, or by adopting the case of some other
larva, and are in the habit of holding on by the anal claspers, and
rapidly and energetically moving the anterior parts of the body in an
undulating fashion. The spiracles exist, but are functionless. The
pupa lives under water, and has no branchiae; but three of the pairs
of abdominal spiracles are open, and project from the body. Müller
informs us that in a Brazilian Paraponyx these three pairs of
spiracles were already large in the larva, though the other pairs were
very small, or absent. He considers that the moth of this species
descends beneath the water of a rapid stream, and fastens its eggs
on the stems of plants therein. Cataclysta lemnata lives in a case of
silk with leaves of duckweed attached to it, or in a piece of a hollow
stem of some aquatic plant; it is believed to breathe, like H.
nymphaeata, at first by the integument and subsequently by open
stigmata; but particulars as to how it obtains the requisite air-supply
are not forthcoming: the aquatic pupa breathes by three large
abdominal spiracles like Paraponyx.
Musotimidae[322] is a small group of two or three genera found in

Australia and Polynesia; and the Tineodidae also consist of only two
Australian genera. Siculodidae is likewise a small Antarctic group,
placed by Meyrick in Pyralidina; but his view is not accepted by
Snellen and Ragonot. Epipaschiinae (formerly treated as a separate
family) and Endotrichiinae are, according to Meyrick, subdivisions of
the family Pyralidae proper, an enormous group of more than 100
genera. The Chrysauginae consist chiefly of American forms, and
have not been treated by Meyrick; some of this group have been
classed with Tortricidae or Deltoidae on account of the undulating
costa of the front wings and the long, peculiar palpi. The Galleriidae
are a small group including Insects that live in bees'-nests, and feed
on the wax etc.; others eat seeds, or dried vegetable substances.
Three out of our five British species of this family occur (usually
gregariously) in bee-hives, and have the peculiar habit of spinning
their cocoons together. The mass of common cocoons formed in this
manner by Aphomia sociella is remarkably tough and enduring;
portions of it are not infrequently picked up, and as the cocoons are
of a peculiar tubular form their nature gives rise to some perplexity.
Phycitidae[323] is another very large assemblage of Insects with very

diverse habits. The frenulum and retinaculum are similarly formed in
the two sexes: the males frequently have the basal-joint of the
antennae swollen; hence the term "Knot-horns" applied by collectors
to these moths. The larvae of the species of Ephestia infest
groceries, and most children have become to a slight extent
acquainted with them amongst dried figs; that of E. kuehniella has
become very injurious in flour-mills, its enormous increase being due
in all probability to the fact that the favourable and equable
temperature maintained in the mills promotes a rapid succession of
generations, so that the Insect may increase to such an extent as to
entirely block the machinery. Many of the Phycitidae feed on the bark
of trees in galleries or tunnels constructed partially of silk. A very
peculiar modification of this habit in Cecidipta excoecaria has been
described by Berg.[324] In Argentina this Insect takes possession of
the galls formed by a Chermes on Excoecaria biglandulosa, a
Euphorbiaceous tree. The female moth lays an egg on a gall, and
the resulting larva bores into the gall and nourishes itself on the
interior till all is eaten except a thin external coat; the caterpillar then
pupates in this chamber. The galls vary in size and shape, and the
larva displays much constructive ability in adapting its home to its
needs by the addition of tubes of silk or by other modes. Sometimes
the amount of food furnished by the interior of the gall is not
sufficient; the larva, in such cases, resorts to the leaves of the plant
for a supplement, but does not eat them in the usual manner of a
caterpillar; it cuts off and carries a leaf to the entrance of its abode,
fastens the leaf there with silk, and then itself entering, feeds, from
the interior, on the food it has thus acquired. Another Phycitid,
Dakruma coccidivora is very beneficial in North America by eating
large Scale-Insects of the Lecanium group, somewhat after the
fashion of Erastria scitula; it does not construct a case, but shelters
itself when walking from one scale to another by means of silken
tubes; it suffers from the attacks of parasites.[325] Oxychirotinae, an
Australian group, is interesting because, according to Meyrick, it
possesses forms connecting the Pterophoridae with the more normal
Pyralids.
Crambidae, or Grass-moths, are amongst the most abundant

Lepidoptera in this country, as they include the little pale moths that
fly for short distances amongst the grass of lawns and pastures; they
fold their wings tightly to their body, and have a head pointed in front,
in consequence of the form and direction of the palpi. They sit in an
upright position on the stems of grass, and it has been said that this
is done because then they are not conspicuous. Perhaps: but it
would be a somewhat difficult acrobatic performance to sit with six
legs across a stem of grass. The larvae are feeders on grass, and
construct silken tunnels about the roots at or near the surface. The
Ancylolominae are included in Crambidae by Meyrick and Hampson.
Schoenobiinae[326] are included by Meyrick in Pyraustidae, but this
view appears not to meet with acceptance, and the group is more
usually associated with the Crambidae. Most writers place the
anomalous genus Acentropus as a separate tribe, but it is
associated by both Meyrick and Hampson with Schoenobius. This
Insect is apparently the most completely aquatic of all the
Lepidoptera, and was for long associated with the Trichoptera in
consequence of its habits and of the scaling of the wings being of a
very inferior kind. The males may sometimes be found in large
numbers fluttering over the surface of shallow, but large, bodies of
water; the females are rarely seen, and in some cases have no
wings, or have these organs so small as to be useless. The female,
it would appear, comes quite to the surface for coupling, and then
takes the male beneath the water. The larvae have the usual number
of Lepidopterous feet, and apparently feed on the leaves of plants
below water just as Lepidopterous larvae ordinarily do in the air.[327]
They have no trace of gills, and their mode of respiration is unknown.
A great deal has been written about these Insects, but really very
little is known. They are abundant, though local in many parts of
North and Central Europe; some of the females have, as we have
said, abbreviated wings, but how many species there are, and
whether the modifications existing in the development of the wings
are constant in one species or locality, are unknown as yet.
Fam. 42. Pterophoridae[328] (Plume-moths).—Elegant Insects of

small size, usually with the wings divided (after the fashion of a hand
into fingers) so as to form feathers: the extent of this division is
diverse, but the hind wings are more completely divided than the
front, which indeed are sometimes almost entire. The group is
placed by Meyrick in his Pyralidina, but there are many
entomologists who look on it as distinct. It consists of two sub-
families, Agdistinae and Pterophorinae, that have been treated as
families by many entomologists. The Agdistinae (of which we have a
British representative of the only genus Agdistes) have the wings
undivided. Pterophorinae have the hind wings trifid or (rarely)
quadrifid, the front wings bifid or (rarely) trifid. The larvae of the
Pterophorinae are different from those of Pyralidae, being slow in
movement and of heavy form, covered with hair and living exposed
on leaves; the pupae are highly remarkable, being soft, coloured
somewhat like the larvae, and also hairy like the larvae, and are
attached somewhat after the manner of butterfly-pupae by the
cremaster: but in some cases there is a slight cocoon. There is,
however, much variety in the larval and pupal habits of the
Pterophoridae, many having habits of concealment of divers kinds.
We have thirty species of these lovely Plume-moths in Britain. The
family is widely distributed, and will probably prove numerous in
species when the small and delicate Insects existing in the tropics
are more appreciated by collectors.
Fam. 43. Alucitidae (Orneodidae of Meyrick and others).—The

genus Alucita includes the only moths that have the front and hind
wings divided each into six feathers. Species of it, though not
numerous, occur in various regions. The larva and pupa are less
anomalous than those of the Pterophoridae, though the imago is
more anomalous. The caterpillar of our British A. polydactyla feeds
on the flower-buds of honey-suckle, and forms a cocoon. The moth
with wings expanded is about an inch across, and is a lovely object.
It is not rare, though seldom numerous.
Fam. 44. Tortricidae.—Moths of small size, with a rather ample

wing area, with the wing-fringes never as long as the wings are wide
(long across), the hind wings without a pattern: the anterior nervure
on the hind wings is simply divergent from that next to it, and the
internal nervure, 1b, is very evidently forked at the base. The larvae
inhabit their food, which may be rolled up or twisted leaves, or the
interior of fruits and herbs, or galls, or even roots; they exhibit less
diversity than is usual in other large series of moths; all have the
normal complement of sixteen legs. This group is a very extensive
one, but is much neglected owing to the great difficulties attending its
study; it is not recognised in Hampson's Table of families given on
p. 370, being there merged in Tineidae. It appears, however, to be a
really natural group, and it is not desirable to merge it in the
sufficiently enormous assemblage of the Tineidae till this has been
shown to be necessary by the light of a greater knowledge of the
external anatomy than we possess at present. The term
Microlepidoptera is frequently met with in entomological literature,
and should, we think, be confined to the two series Tortricidae and
Tineidae. The Pterophoridae, and even the Pyralidae, have been,
and still sometimes are, included under this term, but at present it
seems best to limit its application as is here suggested.
Three great divisions are at present recognised; these were formerly
called by Meyrick,[329] Tortricidae, Grapholithidae, Conchylidae;
subsequently,[330] he has adopted the names Tortricidae,
Epiblemidae, Phaloniadae. Lord Walsingham, who has devoted a
great deal of time and study to the elucidation of this most difficult
group, has suggested[331] that another change is desirable, and if so
the nomenclature will be:—1. Tortricidae [or Tortricinae, according to
the view that may be taken as to the group being family or sub-
family]; 2. Phaloniidae [= the formerly used name, Conchylidae]; 3.
Olethreutidae [= the formerly used name Grapholithinae =
Epiblemidae, Meyr.]. We have upwards of 300 species in Britain,
nearly 200 of which belong to the last division. The name Tortricidae
refers to the habit the larvae of these moths possess of rolling up
leaves, or twisting and distorting shoots and buds.
The mode in which leaves and shoots are twisted and rolled by the
very small larvae has been much discussed and is probably the
result of two or three distinct causes:—1, the immediate operations
of the larva; 2, the contraction of silk when drying; 3, changes in the
mode of growth of the parts of the vegetable, resulting from the
interference of the caterpillar. The larvae of this family that live in
fruits are only too widely (we will not say well) known. Stainton gives
as the habitat of Epinotia funebrana, "larva frequent in plum-pies";
the caterpillar of Carpocapsa pomonella (the Codling-moth) mines in
apples and pears, and its ravages are known only too well in widely
distant parts of the world where fruit-trees of this kind are cultivated.
C. splendana lives in acorns and walnuts; C. juliana in Spanish
chestnuts. Two, if not more, larvae live in the seeds of
Euphorbiaceous plants, and have become notorious under the name
of jumping-beans, on account of the movements they cause. As
these latter show no trace externally of being inhabited, the
movements are supposed to be a mysterious property of the seed;
they are really due to its containing a large cavity, extending, in one
direction of the seed, nearly or quite from skin to skin; in this the
larva makes a movement sufficient to alter the point of equilibrium of
the quiescent seed, or as a free body to strike some part of it. The
exact nature of the movements of the larva have not, we believe,
been ascertained. There are, at least, two species of these Insects,
and two plants harbouring them, known in the United States and
Mexico, viz. Carpocapsa saltitans living in the seeds of Croton
colliguaja and Grapholitha sebastianiae living in the seeds of
Sebastiania bicapsularis.
Fam. 45. Tineidae.—Small moths with the labial palpi more flexible
and mobile than in other moths; usually separated and pointed. Hind
wings frequently with very long fringes, the wing itself being
proportionally reduced in size, and in consequence pointed at the tip.
Larvae very diverse, almost always with habits of concealment. The
series of forms included under this head is very numerous, the
British species alone mounting up to 700, while the total described
cannot be less than 4000. This number, however, must be but a
fragment of what exists, if Mr. Meyrick be correct in supposing that a
single one of the divisions of the family—Oecophoridae—comprises
2000 species in Australia and New Zealand alone.
Fig. 207—Diplosara lignivora (Gelechiides). Hawaiian Islands.
As the study of these Insects is attended with great difficulty on

account of their fragility and the minute size of the great majority, it is
not a matter for surprise that their classification is in a comparatively
rudimentary state. We shall not, therefore, deal with it here. Neither
can we attempt to give any idea of the extreme diversity in the
colours, forms, and attitudes of these small Insects. The one shown
in Fig. 207, is remarkable on account of the great accumulation of
scales on the wings and legs. As regards the pointed wings and the
long fringes, we may remark that it is probable that in many of these
small forms the wings are passive agents in locomotion; a similar
condition of the wings is found in other very minute Insects, e.g.
Thysanoptera and Trichopterygidae; in all these cases the
framework of the wings is nearly absent: in some forms of the
Tineidae, Opostega, e.g. the nervules are reduced to three or four in
each wing. The variety in habits is as great as that of the external
form, and the larvae exceed in diversity those of any other group of
Lepidoptera. No doubt a corresponding amount of diversity will be
discovered in the details of structure of the perfect Insects, the
anatomy of but few having been at present investigated. Tinea
pellionella has two very important peculiarities in its internal
anatomy: the testes consist of four round follicles on each side, and,
contrary to the condition generally prevalent in Lepidoptera, are not
brought together in a common capsule: the two groups are, however,
not quite free (as they are in Hepialus), but are connected by a loose
tracheal network. Even more remarkable is the fact also pointed out
by Cholodkovsky[332] that the adult Insect possesses only two
Malpighian tubes instead of six, the normal number in Lepidoptera;
in the larva there are, however, six elongate tubes. The group of
forms to which Tinea belongs is remarkable for the diversity and
exceptional character of the food-habits of the larvae; species
subsist on dried camel's dung, various kinds of clothes, furs, and
hair, and even about horns of deer and horses' hoofs: one species
has been found in abundance in the hair of a live sloth, Bradypus
cuculliger, under circumstances that render it possible that the larva
feeds on the creature's hair, though it may feed on minute vegetable
matter found in the hair. The larva of Tinea vastella is occasionally
found feeding on the horns of living antelopes. Several species of
Tineidae are known to devour Scale-Insects.
Lita solanella is notorious for the ravages it commits on stored

potatoes. Quite a number of species live on cryptogamic matter, or in
old wood; Oinophila v-flavum feeds on the mould on the walls of
cellars, and is reputed to be injurious by occasionally also attacking
the corks of bottles containing wine. Oecocecis guyonella is said to
be the cause of galls on Limoniastrum guyonianum, a plant that,
growing in the deserts to the south of Algeria, is a favourite food of
camels, and is frequently entirely covered with sand. The deposition
of an egg by this moth is believed by Guénée[333] to give rise to a
gall in which the larva is entirely enclosed (like the larvae of the gall-
flies). Of Clothes-moths there are at least three species widely
distributed. Trichophaga tapetzella is perhaps entitled to be
considered the Clothes-moth; its caterpillar not only feeds on
clothes, but spins webs and galleries amongst them. Tinea
pellionella is also very common; its larva lives in a portable case,
while that of the third species, Tineola biselliella, forms neither a
case nor definite galleries. We have found this the most destructive
of the three at Cambridge. Clothes or valuable furs may be
completely protected by wrapping them in good sound paper in such
a way that no crevices are left at the places where the edges of the
paper meet. Garments that have become infested may be entirely
cleared by free exposure to air and sunshine.
Two species of Tinea have been recorded as viviparous, viz. Tinea

vivipara in Australia, and an undetermined species in South America.
The species of the genus Solenobia—in which the female is
apterous—are frequently parthenogenetic. The group Taleporiidae,
to which this genus belongs, is by some classified with Psychidae, in
which family, as we have pointed out, one or two parthenogenetic
forms are also known.
The larvae of Tineidae, though they do not exhibit the remarkable

armature found in so many of the larger caterpillars, are exceedingly
diverse.[334] Some are entirely destitute of feet (Phyllocnistis).
Others are destitute of the thoracic legs; Nepticula is in this case, but
it is provided with an increased number of abdominal feet, in the
form of more or less imperfect ventral processes. Some mine in
leaves, others live in portable cases of various forms. Some are leaf-
miners during their early life, and subsequently change their habits
by constructing a portable case. The genus Coleophora affords
numerous instances of this mode of life; the habits of these case-
bearers exhibit considerable variety, and there are many points of
interest in their life-histories. Change of habit during the larval life
has already been alluded to as occurring in many Lepidoptera and is
nowhere more strikingly exemplified than in certain Tineidae. Meyrick
mentions the following case as occurring in an Australian Insect,
Nematobola orthotricha;[335] the larva, until two-thirds grown, is
without feet, and is almost colourless, and mines in the leaves of
Persoonia lanceolata; but when two-thirds grown it acquires sixteen
feet, changes colour, becoming very variegate, and feeds externally,
unprotected, on the leaves. The cases of the case-bearing Tineids
are usually of small size, and do not attract attention like those of
Psychidae. A very remarkable one was discovered by Mr. E. E.
Green in Ceylon, and was at first believed to be formed by a Caddis-
worm. It has now been ascertained that the Insect forming it is the
caterpillar of Pseudodoxia limulus, a Tineid moth of the group
Depressariidae;[336] the case is composed of minute fragments of
moss, sand, and lichens; the anterior end is dilated into a shield-like
hood that covers and protects the anterior parts of the larva when
feeding; the food is mosses and lichens on rocks and trees. Before
pupating, the larva folds down the edges of the hood over the mouth
of the tube, like an envelope, fastening them with silk. The case is
fixed to the rock or other support and hangs there until the moth
appears.
Fig. 208—Pronuba synthetica. North America. A, Larva; B, C, pupa,

ventral and lateral aspects; D, female moth; E, head and part of
thorax of the female moth: a, labial palp; b, maxillary tentacle; c,
maxillary palp; d, proboscis; e, base of front leg. (After Riley.)
The family Prodoxidae consists of some Tineids, the larvae of which
feed in the pods and stems of the Yuccas of south-western North
America; they have the mouth of very unusual form (Fig. 208, E),
and some of them, by aid of this peculiar mouth, exhibit a
remarkable modification of instinct. The facts are chiefly known from
the observations of Riley[337] on Pronuba yuccasella, a moth living
on Yucca filamentosa; this plant has been introduced into our
gardens in this country, where it never, we believe, produces seed.
The Yuccas are not fitted for self-fertilisation or for fertilisation by
Insect agency of an ordinary kind. The progeny of the moth develops
in the pods of the plant, and as these cannot grow until the flowers
have been fertilised, the moth has the habit of fertilising the flowers
at the time she lays her egg in the part that is to develop into the
pod, and to be the food for her own progeny. The female moth first
visits the stamens, and collects, by the aid of the maxillae (which in
this sex are very remarkably formed),[338] a considerable mass of
pollen, which she holds by means of the peculiar maxillary tentacles;
she then lays an egg in the pistil, usually of some flower other than
that from which she has gathered the pollen; and after she has
accomplished this act she carefully applies the pollen she had
previously collected to the pistil, so as to secure the fertilisation of
the flower and the development of the pod.
The species of Prodoxus stand in a very peculiar relation to

Pronuba. They also live in Yuccas, and have habits similar to those
of Pronuba, with the important exception that, being destitute of the
requisite apparatus, they do not fertilise the Yucca-flowers, and are
thus dependent on Pronuba for the steps being taken that are
necessary for the rearing of the progeny of the two kinds of moth.
Hence the name of Yucca-moth has been bestowed on Pronuba,
and that of "bogus Yucca-moth" on the Prodoxus. The Pronuba we
figure is the largest and most remarkable species of the genus and
fertilises Yucca brevifolia; the larva is destitute of abdominal feet,
and in the pupa the spines on the back that exist in nearly all pupae
that live in stems are developed to an extraordinary extent. The
Yuccas do not flower every year, and the Prodoxidae have a
corresponding uncertainty as to their periods of appearance, passing
sometimes a year or two longer than usual in the pupal stage.
Fam. 46. Eriocephalidae.—This family has recently been proposed

for some of the moths formerly included in the genus Micropteryx.
[339] They are small, brilliant, metallic Insects, of diurnal habits, but
are very rarely seen on the wing, and it is doubtful whether they can
fly much. These little Insects are of peculiar interest, inasmuch as
they differ from the great majority of the Lepidoptera in at least two
very important points, viz. the structure of the wings and of the
mouth-parts. The mouth shows that we may consider that the
Lepidoptera belong to the mandibulate Insects, although in the great
majority of them the mandibles in the final instar are insignificant,
functionless structures, or are entirely absent, and although the
maxillae are so highly adapted for the tasting of sweets that it is
difficult to recognise in them the parts usually found in the maxilla of
mandibulate Insects.
Fig. 209.—Larva of Eriocephala calthella. (After Chapman.) A, Young

larva from side, × 50; B, portion of skin with a bulla or ball-like
appendage: C, abdominal foot of larva.
Eriocephala in both these respects connects the Lepidoptera with

Mandibulata: the mandibles have been shown by Walter[340] to be
fairly well developed; and the maxillae are not developed into a
proboscis, but have each two separate, differentiated—not elongated
—lobes, and an elongate, five-jointed, very flexible palpus. The
moths feed on pollen, and use their maxillae for the purpose,
somewhat in the style we have mentioned in Prodoxidae. The wings
have no frenulum, neither have they any shoulder, and they probably
function as separate organs instead of as a united pair on each side:
the modification of the anterior parts of the hind wing—whereby this
wing is reduced as a flying agent to the condition of a subordinate to
the front wing—does not here exist: the hind wing differs little from
the front wing in consequence of the parts in front of the cell being
well developed. There is a small jugum. These characters have led
Packard to suggest that the Eriocephalidae should be separated
from all other Lepidoptera to form a distinct sub-Order, Lepidoptera
Laciniata.[341] The wing-characters of Eriocephala are repeated—as
to their main features—in Hepialidae and Micropterygidae; but both
these groups differ from Eriocephala as to the structure of the
mouth-parts, and in their metamorphoses. Although Eriocephala
calthella is one of our most abundant moths, occurring in the spring
nearly everywhere, and being easily found on account of its habit of
sitting in buttercup-flowers, yet its metamorphoses were till recently
completely unknown. Dr. Chapman has, however, been able to give
us some information as to the habits and structure of the larvae, in
both of which points the creature is most interesting. The eggs and
young larvae are "quite unlike our ideas of a Lepidopterous Insect;"
the former have a snowy or mealy appearance, owing to a close
coating of minute rods standing vertically on the surface of the egg,
and often tipped with a small bulb. The larva lives amongst wet moss
and feeds on the growing parts thereof; it is not very similar to any
other Lepidopterous larva: Dr. Chapman suggests a similarity to the
Slug-worms (Limacodids), but Dyar is probably correct in thinking the
resemblances between the two are unimportant: the larva of
Eriocephala possesses three pairs of thoracic legs, and eight pairs of
abdominal appendages, placed on the segments immediately
following the thorax; on the under-surface of the ninth and tenth
abdominal segments there is a sucker, trifoliate in form; this is
probably really situate entirely on the tenth segment: the body bears
rows of ball-appendages, and the integument is beautifully
sculptured. The head is retractile and the antennae are longer than
is usual in caterpillars. This larva is profoundly different from other
Lepidopterous larvae inasmuch as the abdominal feet, or
appendages, are placed on different segments to what is customary,
and are of a different form. Unfortunately the pupa has not been
procured, but there is some reason for supposing that it will prove to
be more like that of Tineidae than like that of Micropterygidae.
The New Zealand genus Palaeomicra is only imperfectly known.
Meyrick considers it the "most ancient" Lepidopteron yet discovered;
and it would appear that its relations are with Eriocephala rather than
with Micropteryx. From information he has kindly given to us, we are
able to say that this moth possesses mandibles but no proboscis.
Fig. 210—Larva of Micropteryx sp. A, Ventral view of the larva,

magnified; B, the same, with setae unduly magnified. Britain.
Fam. 47. Micropterygidae.—Small moths of metallic colours,

without mandibles, with elongate maxillary palpi: without frenulum:
both wings with a complex system of wing-veins: on the hind wings
the area anterior to the cell is large, and traversed by three or four
elongate, parallel veins.
Fig. 211—Pupa of Micropteryx (semipurpurella?). A, Dorsal aspect; B,

C, D, views of head dissected off; B, profile; C, posterior, D,
anterior aspects; m, mandibles. Britain.
There are no mandibles, but there is a short, imperfect proboscis.

Larva (Fig. 210) without any legs, mining in leaves. The pupa (Fig.

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FAC Foreign Affairs Council

OECD Organisation for Economic Co-operation and Development

QMV qualified majority voting

R&D research and development

SEA Single European Act

TCA Trade and Cooperation Agreement

TEU Treaty on European Union

A Ahlström Oy v Commission (‘Woodpulp’) (89, 104, 114, 116–117 and 125–129/85)

Air France v Commission (T-3/93) [1994] ECR II-121, CFI … 8.53

Airtours v Commission (T-342/99) [2002] ECR II-2585, CFI … 14.175, 14.263,

Akrich (C-109/01) [2003] ECR I-9607, ECJ … 12.48, 13.45–13.46

AKZO Chemie BV v Commission (5/85) [1986] ECR 2585, ECJ … 3.68

Alcan v Commission (69/69) [1970] ECR 385, ECJ … 8.91

AMOK Verlags GmbH v A & R Gastronomie GmbH (C-289/02) [2003] ECR I-

Andersen (C-499/08) [2010] ECR I-9343, ECJ … 16.119

Anheuser-Busch v BudejovickíBudvar (C-245/02) [2004] ECR I-10989, ECJ … 5.31

Arizona Tobacco (1992) (French Conseil d’Etat) … 7.92

Asociaţia Accept v Consiliul Naţional pentru Combaterea Discriminārii (C-81/12)

Associaçao National de Operadores de Máquinas Recreativas (C-6/01) [2003] ECR

Associação Sindical dos Juízes Portugueses (C-64/16) [2018] ECLI:EU:C:2018:117

Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres

Associazione Avvocatura per i diritti LGBTI (C-507/18) [2020]

Automec v Commission (T-24/90) [1992] ECR II-2223, CFI … 14.229

B S and C A (C-663/18) [2020] ECLI:EU:C:2020:938 … 10.33

Baltic Media Alliance (C-622/17) [2019] ECLI:EU:C:2019:566 … 11.32

Banchero (No 2) (C-387/93) [1995] ECR I-4663, ECJ … 4.94

Bangladesh case see European Parliament v Council and Commission (Bangladesh

Bauhuis v Netherlands (46/76) [1977] ECR 5, ECJ … 9.27, 9.35