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 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

E U A DM I N I ST R AT I V E L AW
OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

THE COLLECTED COURSES OF THE

ACADEMY OF EUROPEAN L AW

Edited by Professor Nehal Bhuta,

Professor Claire Kilpatrick, and Professor Joanne Scott
Assistant Editor: Anny Bremner

Each year the Academy of European Law in Florence, Italy, invites a group of outstand-
ing lecturers to teach at its summer courses on Human Rights law and the European
Union. A ‘general course’ is given in each of the two fields by a distinguished scholar or
practitioner, who examines the field as a whole through a particular thematic, concep-
tual, or philosophical lens, or looks at a theme in the context of the overall body of law.
In addition, a series of ‘specialized courses’ brings together a group of highly qualified
scholars to explore and analyse a specific theme in relation to Human Rights law and
EU law. The Academy’s mission, to produce scholarly analyses which are at the cutting
edge of the two fields, is achieved through publication of this series, the Collected
Courses of the Academy of European Law.
 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

EU
ADMINISTRATIVE
LAW
Third Edition

PAUL CR A IG
St John’s College, Oxford

1
OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© Paul Craig 2018
The moral rights of the author have been asserted
First Edition published in 2006
Second Edition published in 2012
Third Edition published in 2018
Impression: 1
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address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
Number C01P0000148 with the permission of OPSI
and the Queen’s Printer for Scotland
Published in the United States of America by Oxford University Press
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Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

This book is for Anita and Ciaran

OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

PREFACE

It has been six years since the second edition of this book, and the same period between
the first and second editions. This has not been by design as such, but more by circum-
stance. There is, however, no doubt that a new edition of this book is warranted, given
the six years that has passed since the previous edition.
The intervening period has been difficult for the EU, beset as it has been with the
financial crisis, the rule of law crisis, the migration crisis and Brexit. These are important
substantive topics on which there is a wealth of literature. Detailed consideration of
such topics would, however, venture far beyond the remit of this book, the focus of
which is EU Administrative law. My strategy has therefore been to integrate material
on such issues, where relevant, into the existing chapters of the book.
There have been significant developments in the case law and EU legislation that is
directly relevant to the subject matter of this book. So too, in relation to the secondary
literature since publication of the second edition in 2012. The body of academic schol-
arship has grown considerably, and attests to the vibrancy and importance of this intel-
lectual field. The developments in relation to both primary law and scholarly literature
have been fully integrated into the existing chapters of the book.
The structure of the book was modified as between the first and second editions, but
no such change was warranted on this occasion. The divide between the two parts of
the book, which has been present from the outset, has been preserved in this edition.
Thus, the first part deals with ‘Administration and Law’, the focus being on the different
ways in which EU policy is administered, and the role of law and politics therein. The
second part is concerned with ‘Law and Administration’, in which the precepts of judi-
cial review are explicated, and set within the broader frame of the workings of the EU.
The object is to provide the reader with a clear and informed view of all dimensions of
EU Administrative law.
Paul Craig
April 2018
OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi
 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi

CONTENTS

Table of Cases xi
Tables of Legislation, Treaties, and Conventions lxxix
Abbreviations xciii

PA RT I A DM I N I ST R AT ION A N D L AW

1 HISTORY AND T YPOLO GY 3

2 CRISIS, REFORM, AND C ONSTITU TIONALIZ ATION 36
3 CENTR ALIZED MANAGEMENT 56
4 SHARED MANAGEMENT 80
5 C OMITOLO GY 111
6 AGENCIES 151
7 OPEN METHOD OF C O ORDINATION 199
8 SO CIAL PARTNERS 238

PA RT I I L AW A N D A DM I N I ST R AT ION

9 FOUNDATIONS 263
10 C OURT S 280
11 AC CESS 311
12 PRO CESS 348
13 TR ANSPARENCY 388
14 C OMPETENCE AND SUBSIDIARIT Y 401
15 L AW, FACT, AND DISCRETION 436
16 RIGHT S 484
17 EQUALIT Y 545
18 LEGAL CERTAINT Y AND LEGITIMATE EXPECTATIONS 600
19 PROPORTIONALIT Y I: EU 642
20 PROPORTIONALIT Y II: MEMBER STATES 669
OUP CORRECTED PROOF – FINAL, 11/10/18, SPi

x CONTENTS

21 PRECAU TIONARY PRINCIPLE 694

22 REMEDIES I: EU 722
23 REMEDIES II: MEMBER STATES 758
24 THE OMBUDSMAN 795

Index 821
 OUP UNCORRECTED PROOF– FINAL, 11/10/18, SPi
TABLE OF CASES
ALPHABETICAL
Aalborg Portland v Commission (C-204–205,
211, 213, 217, 219/00 P) [2004]
ECR I-123 . . . 353, 356, 357, 359, 361, 384, 667
Aannemersbedrijf P K Kraaijeveld BV v
Gedeputeerde Staten van Zuid-Holland
(C-72/95) [1996] ECR I-5403 . . . 772
ABB Asea Brown Boveri Ltd v Commission
(T-31/99) [2002] ECR II-1881 . . . 364, 626
Abertal and others v Commission (C-213/91 R)
[1991] ECR I-5109 . . . 724
Abrahamsson v Fogelqvist (C-407/98) [2000]
ECR I-5539 . . . 592
Abrias v Commission (3/83) [1985] ECR
1995 . . . 623
Acciaieriere Ferriere e Fonerie di Modena v High
Authority (16/61) [1962] ECR 289 . . . 579
Accorinti v European Central Bank (T­79/13)
EU:T:2015:756 . . . 625, 742, 752
Acegas-APS SpA v Commission (T-309/02)
[2009] ECR II-1809 . . . 338
Acino AG v European Commission (C-269/13 P)
EU:C:2014:255 . . . 699
Adams v Commission (145/83) [1985] ECR
3539 . . . 747
Aden v Council and Commission (T-306/01 R)
[2002] ECR II-2387 . . . 723
Administration des douanes v Société anonyme
Gondrand Frères and Société anonyme
Garancini (169/80) [1981] ECR 1931 . . . 601
Adoui and Cornuaille v Belgian State (115 &
116/81) [1982] ECR 1665 . . . 685
Aer Lingus Ltd v European Commission
(T-473/12) EU:T:2015:78 . . . 466
Aerpo and others v Commission (C-119/88)
[1990] ECR I-2189 . . . 739, 740
AFCon Management Consultants v Commission
(T-160/03) [2005] ECR II-981 . . . 749
Affish BV v Rijksdienst voor de keuring
van Vee en Vlees (C-183/95) [1997] ECR
I-4315 . . . 629, 638, 647, 655
Afrikanische Frucht-Compagnie GmbH and
another v Commission (T-64–65/01) [2004]
ECR II-521 . . . 625, 740, 752
Afton Chemical Ltd v Secretary of State for Transport
(C-343/09) EU:C:2010:419 . . . 456, 699
AGC Glass Europe v European Commission
(C­517/15 P) EU:C:2017:59 . . . 631, 723
AGET Iraklis v Ypourgos Ergasias, Koinonikis
Asfalisis kai Koinonikis Allilengyis (C-201/15)
EU:C:2016:972 . . . 674, 689
AGM-COS.MET Srl v Suomen valtio and Tarmo
Lehtinen (C-470/03) [2007] ECR
I-2749 . . . 789
Agrana Zucker und Stark AG v Commission
(T-187/99) [2001] ECR II-1587 . . . 364, 370
Agrargenossenschaf Neuzelle eG v Landrat des
Landkreises Oder-Spree (C­545/11)
EU:C:2013:169 . . . 619
Agrar-Invest-Tatschl GmbH v Commission
(T-51/07) [2008] ECR II-2825 . . . 731
Agrarproduktion Staebelow GmbH v Landrat des
Landkreises Bad Doberan (C-504/04) [2006]
ECR I-679 . . . 647, 648, 698
Agraz, SA and Others v Commission (C-243/05 P)
[2006] ECR I-10833 . . . 748
Agroferm A/S v Ministeriet for Fødevarer,
Landbrug og Fiskeri (C­568/11)
EU:C:2013:40 . . . 640
Ahlström Osakeyhitiö v Commission (C-89,
104, 114, 116, 117, 125–9/85) [1993] ECR
I-1307 . . . 474
Ainārs Rēdlihs v Valsts ieņēmumu dienests
(C-263/11) EU:C:2012:497 . . . 682
Air France v Commission (T-2/93) [1994] ECR
II-323 . . . 639
Air Inter SA v Commission (T-260/94) [1997]
ECR II-997 . . . 313, 314, 350, 525
Airey v Ireland (1979–80) 2 EHRR 305 . . . 513
Airtours plc v Commission (T-342/99) [2002]
ECR II-2585 . . . 456, 470, 473
AIUFFASS v Commission (T-380/94) [1996]
ECR II-2169 . . . 318
AJD Tuna Ltd v Direttur tal-Agrikoltura u s-Sajd
and Avukat Generali (C-221/09) [2011] ECR
I-1655 . . . 317
Aker Warnow Werft GmbH and Kvaerner ASA v
Commission (T-68/05) [2009] ECR
II-355 . . . 466
Åklagaren v Hans Åkerberg Fransson (C-617/10)
EU:2013:C:105 . . . 495, 503–6, 530
Aktien-Zuckerfabrik Schöppenstedt v Council
(5/71) [1971] ECR 975 . . . 737–9
OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
xii TABLE OF CASES
Akzo Nobel NV v Commission (T-112/05)
[2007] ECR II-5049 . . . 733
Albany International BV v Stichting
Bedrijfspensioenfonds Textielindustrie
(C-67/96) [1999] ECR I-5751 . . . 260, 582
Albert Heijin BV (94/83) [1984]
ECR 3263 . . . 671
Alferink v Commission (T-94/98) [2008] ECR
II-1125 . . . 601, 742
Alfons Lütticke GmbH v Commission (4/69)
[1971] ECR 325 . . . 747
Algera v Common Assembly (7/56 & 3–7/57)
[1957] ECR 39 . . . 608, 610, 614, 617
Alitalia-Linee aeree italiane SpA v Commission
(T-301/01) [2008] ECR II-1753 . . . 732
Al-Jubail Fertilizer v Council (C-49/88) [1991]
ECR I-3187 . . . 149, 313, 350, 525
Alliance One International, Inc v Commission
(T-24/05) EU:T:2010:453 . . . 370
Allonby v Accrington & Rossendale College,
Education Lecturing Services, Trading as
Protocol Professional and Secretary of State for
Education and Employment (C-256/01) [2004]
ECR I-873 . . . 678
Allué and Coonan v Università degli Studi di
Venezia (33/88) [1989] ECR 1591 . . . 555
Alonso-Pérez v Bundesanstalt für Arbeit
(C-394/93) [1995] ECR I-4101 . . . 768
Aloys Schröder v Commission (T-390/94) [1997]
ECR II-501 . . . 744
Alpha Steel v Commission (14/81) [1982] ECR
749 . . . 609, 617
Alpharma Inc v Council (T-70/99) [2002] ECR
II-3495 . . . 149, 317, 444, 452, 620, 623, 648,
699
Alpine Investments BV v Minister van Financien
(C-384/93) [1995] ECR I-1141 . . . 686
Alrosa Company Ltd v Commission (T-170/06)
[2007] ECR II-2601 . . . 647
Amann & Söhne GmbH & Co KG and Cousin
Filterie SAS v Commission (T-446/05)
EU:T:2010:16 . . . 460
Ambulanz Glockner v Landkreis Sudwestpfalz
(C-475/99) [2001] ECR I-8089 . . . 582
Amministrazione delle Finanze dello Stato v San
Giorgio (199/82) [1983] ECR 3595 . . . 760, 777
Amministrazione delle Finanze dello Stato v
Simmenthal SpA (106/77) [1978] ECR
629 . . . 282, 760
Amministrazione delle Finanze dello Stato v Srl
Meridionale Industria Salumi (212–217/80)
[1981] ECR 2735 . . . 603
Ampafrance SA v Directeur des Services Fiscaux
de Maine-et-Loire (C-177 & 181/99) [2000]
ECR I-7013 . . . 653
Amylum NV and Tunnel Refineries Ltd v
Council and Commission (116 and 124/77)
[1979] ECR 3497 . . . 741, 747
Analir v Administracion General del Estado
(C-205/99) [2001] ECR I-1271 . . . 675
Andrea Raccanelli v Max-Planck-Gesellschaft zur
Förderung der Wissenschaft en eV (C-94/07)
[2008] ECR I-5939 . . . 550
Angelo Ferlini v Centre Hospitalier de
Luxembourg (C-411/98) [2000] ECR
I-8081 . . . 566
Angelopharm GmbH v Freie Hansestadt
Hamburg (C-212/91) [1994] ECR
I-171 . . . 454, 702
Angonese v Cassa di Risparmio di Bologna
(C-281/93) [2000] ECR I-4134 . . . 500
Animal Trading Company (ATC) BV v
European Commission (T-333/10)
EU:T:2013:451 . . . 456, 698
Anker, Ras and Snoek v Germany (C-47/02)
[2003] ECR I-10447 . . . 556
Annibaldi v Sindaco del Commune di Guidonia
and Presidente Regione Lazio (C-309/96)
[1997] ECR I-7493 . . . 486, 505
Anomar v Estado Portugues (C-6/01) [2003]
ECR I-8621 . . . 687
Antillean Rice Mills NV and others v
Commission (C-390/95 P) [1999] ECR
I-769 . . . 463, 738, 739, 744, 745
Antillean Rice Mills NV v Commission (T-480
and 483/93) [1995] ECR II-2305 . . . 732
Antwerpse Bouwwerken NV v European
Commission (T-195/08) [2009] ECR
II-4439 . . . 267
APOL and AIPO v Commission (T-61 & 62/00)
[2003] ECR II-635 . . . 666
Apothekerkammer des Saarlandes v Saarland and
Ministerium für Justiz, Gesundheit und
Soziales (C-171 and 172/07) [2009] ECR
I-4171 . . . 674
Aprile v Amminstrazione delle Finanze
dello Stato (C-229/96) [1998] ECR
I-7141 . . . 768, 774
A-Punkt Schmuckhandels GmbH v Claudia
Schmidt (C-441/04) [2006] ECR
I-2093 . . . 671
Arbeiterwohlfahrt der Stadt Berlin v Bötel
(C-360/90) [1992] ECR I-3589 . . . 587, 679
Arcelor SA v European Parliament and Council
(T-16/04) 2 March 2010 . . . 338, 347, 540, 738,
742, 744
Archer Daniels Midland Co v Commission
(T-59/02) [2006] ECR II-3627 . . . 604
Archer Daniels Midland Company and Archer
Daniels Midland Ingredients Ltd v
 OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
TABLE OF CASES
Commission (T-224/00) [2003] ECR
II-2597 . . . 667, 731
ARCO Chemie Nederland Ltd v Minister van
Volkshuisvesting, Ruimtelijke Ordening en
Milieubeheer (C-418–419/97) [2000] ECR
I-4475 . . . 707
Areva v Commission (T-117 & 121/07) [2011]
ECR II-633 . . . 352
Arizona Chemical and others v Commission
(T-369/03) [2004] ECR II-205 . . . 724
Armement Cooperatif Artisanal Vendeen
(ACAV) v Council (T-138/98) [1999] ECR
II-1797 . . . 335
Arnold André GmbH & Co KG v Landrat des
Kreises Herford (C-434/02) [2004] ECR
I-11825 . . . 646
Artegodan GmbH v Commission (T-74, 76,
83–85, 132, 137 & 141/00) [2002] ECR
II-4945 . . . 176, 383, 480, 515, 516, 697–9,
704, 705, 720, 721
Asemfo v Transformacion Agraria SA (C-295/05)
[2007] ECR I-2999 . . . 287
Asia Motor France SA v Commission (T-7/92)
[1993] ECR II-669 . . . 364, 370, 383, 481
Asia Motor France SA v Commission (T-154/98)
[2000] ECR II-3453 . . . 364
Asia Motor France SA v Commission (T-387/94)
[1996] ECR II-961 . . . 364, 370, 732
Asociasión Espanola de Empresas de la Carne
(Asocarne) v Council (C-10/95 P) [1995] ECR
I-4149 . . . 318, 333, 335
ASPEC v Commission (T-435/93) [1995] ECR
II-1281 . . . 318
Assidoman Kraft Products AB v Commission
(T-227/95) [1997] ECR II-1185 . . . 609
Associacao Comercial de Aveiro v Commission
(T-81/00) [2002] ECR II-2509 . . . 467
Associacao dos Refinadores de Acucar
Portugueses (ARAP) v Commission
(C-321/99 P) [2002] ECR I-4287 . . . 621
Association Belge des Consammateurs Test-
Achats ASBL v Conseil des Ministres
(C-236/09) EU:C:2011:100 . . . 490, 583
Association de médiation sociale (AMS) v
Union locale des syndicats CGT, Laboubi
(C-176/12) EU:C:2014:2 . . . 500, 511, 512,
515, 516
Association Greenpeace France v Ministère de
l’Agriculture et de la Pêche (C-6/99) [2000]
ECR I-1651 . . . 331, 515, 695, 706
Associazione delle Cantine Sociali Venete v
European Ombudsman and Parliament
(T-103/99) [2000] ECR II-4165 . . . 817
Associazione Italia Nostra Onlus v Comune di
Venezia (C-444/15) EU:C:2016:978 . . . 522
xiii
Asteris AE and Hellenic Republic v
Commission (97, 99, 193 & 215/86) [1988]
ECR 2181 . . . 732
Asteris v Greece and EEC (106–120/87) [1988]
ECR 5515 . . . 754
ASTI v Chambre des employés privés (C-213/90)
[1991] ECR I-350 . . . 555
Astipeca SL v Commission (T-180/00) [2002]
ECR II-3985 . . . 666
AstraZeneca AB and AstraZeneca plc v
European Commission (T-321/05)
EU:T:2010:266 . . . 460
Atalanta Amsterdam BV v Produktschap
voor Vee en Vlees (240/78) [1979]
ECR 2137 . . . 665
ATB v Ministero per le Politiche
Agricole (C-402/98) [2000] ECR
I-5501 . . . 625, 626
Athanasios Pitsiorlas v Council and ECB
(T-3/00 and 337/04) [2007] ECR
II-4779 . . . 742, 747, 748
Atlanta AG v Commission (C-104/97 P) [1999]
ECR I-6983 . . . 149, 316, 625
Atlanta Fruchthandelgesellschaft mbH v
Bundesamt für Ernahrung und
Forstwirtschaft (C-465/93) [1995] ECR
I-3761 . . . 725
Atlantic Container Line AB v Commission
(T-191, 212, 214/98) [2003] ECR
II-3275 . . . 364, 636, 731
Atlantic Container Line v Commission
(T-395/94 R II) [1995] ECR II-2893 . . . 724
ATRAL SA v Belgium (C-14/02) [2003] ECR
I-4431 . . . 670
Atzeni and others v Regione autonoma della
Sardegna (C-346 and 529/03) [2006] ECR
I-1875 . . . 624
Austria v Council (C-445/00 R) [2001] ECR
I-1461 . . . 723, 729
Automec Srl v Commission (T-24/90) [1992]
ECR II-2223 . . . 364
Axa Versicherung AG v European Commission
(T-677/13) EU:T:2015:473 . . . 394
Azarov v Council (T-215/15)
EU:T:2017:479 . . . 369
Azienda Agricola Disarò Antonio v Cooperativa
Milka 2000 Soc coop arl (C-34/08) [2009]
ECR I-4023 . . . 653
Azienda Agricole Ettore Ribaldi v AIMA
(C-480–2, 484, 489, 490–1, 497–9/00) [2004]
ECR I-2943 . . . 670
Azienda Agricola Giorgio v AIMA (C-495/00)
[2004] ECR I-2993 . . . 605
Azienda Agricola ‘Le Canne’ Srl v Commission
(T-241/00) [2002] ECR II-1251 . . . 363, 370
OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
xiv TABLE OF CASES
B & Q plc v Shrewsbury BC [1990] 3 CMLR
535 . . . 691
Bactria Industriehygiene-Service Verwaltungs
GMbH v Commission (C-258/02 P) [2003]
ECR I-15105 . . . 149, 317, 338, 347, 540
Badeck v Landesanwalt beim Staatsgerichtshof
des Landes Hessen (C-158/97) [1999] ECR
I-1875 . . . 591
Balázs-Árpád Izsák and Attila Dabis v
European Commission (T-529/13)
EU:T:2016:282 . . . 417
Banan-Kompaniet AB and Skandinaviska
Bananimporten AB v Council and
Commission (T-57/00) [2003] ECR
II-607 . . . 743, 747
Banchero (C-157/92) [1993] ECR I-1085 . . . 286
Banco de Credito Industrial SA (Banco Exterior
de Espana SA) v Ayuntamiento de Valencia
(C-387/92) [1994] ECR I-877 . . . 441
Bank Melli Iran v Council (T-390/08) [2009]
ECR II-3967 . . . 468
BASF AG and UCB SA v Commission (T-101
and 111/05) [2007] ECR II-4949 . . . 667
BASF AG v Commission (T-79, 84–86, 89, 91–92,
94, 96, 98, 102, 104/89) [1992] ECR
II-315 . . . 267
BASF Lacke & Farben AG v Commission
(T-175/95) [1999] ECR II-1581 . . . 355
BAT and Reynolds v Commission (142 and
156/84) [1987] ECR 4487 . . . 450
Baumbast and R v Secretary of State for the
Home Department (C-413/99) [2002] ECR
I-7091 . . . 673
Bavaria NV and Bavaria Italia Srl v Bayerischer
Brauerbund eV (C-343/07) [2009] ECR
I-5491 . . . 331
Bayer AG v Commission (T-41/96) [2000] ECR
II-3383 . . . 442
Bayer CropScience AG and others v Commission
(T-75/06) [2008] ECR II-2081 . . . 465
Bayerische HNL Vermehrungsbetriebe GmbH &
Co KG v Council and Commission (83, 94/76,
4, 15, 40/77) [1978] ECR 1209 . . . 740, 748
Bayerische Motoren Werke AG v European
Commission (T-671/14) EU:T:2017:
599 . . . 466
Beamglow Ltd v European Parliament, Council
and Commission (T-383/00) [2005] ECR
II-5459 . . . 739, 752
Behn Verpackungsbedarf GmbH v Hauptzollamt
Itzehoe (C-80/89) [1990] ECR I-2659 . . . 622, 623
Bela-Mühle Josef Bergman KG v Grows-Farm
GmbH & Co KG (114/76) [1977] ECR
1211 . . . 665
Belgian Sewing Thread (BST) NV v European
Commission (T-452/05) 28 April
2010 . . . 748
Belgisch Interventieen Restitutiebureau v SGS
Belgium NV (C-367/09) [2010] ECR
I-1076 . . . 506, 682
Belgium and Forum 187 ASBL v Commission
(C-182 and 217/03) [2006] ECR
I-5479 . . . 622, 629
Belgium v Commission (C-75/97) [1999] ECR
I-3671 . . . 442
Belgium v Commission (C-110/03) [2005] ECR
I-2801 . . . 433, 601, 603
Belgium v Commission (Tubemeuse) (C-142/87)
[1990] ECR I-959 . . . 361, 666
Belgium v European Commission (T-131/16 R)
EU:T:2016:427 . . . 723
Bellio F. lii Srl v Prefettura di Treviso (C-286/02)
[2004] ECR I-3465 . . . 710
Berlington Hungary Tanácsadó és Szolgáltató
kf v Magyar Állam (C­98/14)
EU:C:2015:386 . . . 601, 686
Berlioz Investment Fund SA v Directeur de
l’administration des contributions directes
(C-682/15) EU:C:2017:373 . . . 506
Bertelsmann AG and Sony Corporation of
America v Independent Music Publishers and
Labels Association (Impala) (C-413/06 P)
[2008] ECR I-4951 . . . 460
Besselink v Commission (T-331/11)
EU:T:2013:499 . . . 396
Bettray v Staatssecretaris van Justitie (344/87)
[1989] ECR 1621 . . . 550
Beus (5/67) [1968] ECR 83 . . . 371
Bickel & Franz (C-274/96) [1998] ECR
I-7637 . . . 565
Bilka-Kaufh aus GmbH v Karin Weber von Hartz
(170/84) [1986] ECR 1607 . . . 587, 588, 678
Bi-Metallic Investment Co v State Board of
Equalization of Colorado, 239 US 441
(1915) . . . 319
Binder GmbH v Hauptzollamt Stuttgart-West
(C-205/94) [1996] ECR I-2871 . . . 371
Birke v Commission (543/79) [1981] ECR
2669 . . . 737
Bleis v Ministère de l’Education Nationale
(C-4/91) [1991] ECR I-5627 . . . 555
Bocchi Food Trade International GmbH v
Commission (T-30/99) [2001]
ECR II-943 . . . 646
Boehringer Ingelheim Vetmedica GmbH and CH
Boehringer Sohn v Council and Commission
(125 and 152/96) [1999] ECR
II-3427 . . . 647, 655
Bogusław Juliusz Dankowski v Dyrektor Izby
Skarbowej w Łodzi (C-438/09) 22 December
2010 . . . 681
Bolloré SA and Others v Commission (T-109,
118, 122, 125, 126, 128, 129, 132 & 136/02)
[2007] ECR II-947 . . . 358, 360, 636
 OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
TABLE OF CASES
Bonifaci and Berto v Istituto Nazionale della
Previdenza Sociale (IPNS) (C-94–95/95)
[1997] ECR I-3969 . . . 792
Bonn Fleisch Ex- und Import GmbH v
Hauptzollamt Hamburg-Jonas (C-1/06) [2007]
ECR I-5609 . . . 772
Booker Aquacultur Ltd and Hydro Seafood GSP
Ltd v Scottish Ministers (C-20 & 64/00) [2003]
ECR I-7411 . . . 520, 661
Borelli SpA v Commission (C-97/91) [1992] ECR
I-6313 . . . 320, 332
Bosphorus Hava Yollari Turizm ve Ticaret
Anonim Şirketi v Ireland, (App No 45036/98)
ECtHR (2005) . . . 495, 497
Bozetti v Invernizzi (179/84) [1985] ECR
2301 . . . 759
BP Supergas v Greece (C-62/93) [1995] ECR
I-1883 . . . 769
BPB Industries plc and British Gypsum Ltd v
Commission (T-65/89) [1993] ECR
II-389 . . . 355
BPB Industries and British Gypsum v
Commission (C-310/93 P) [1995] ECR
I-865 . . . 354
Brahim Samba Diouf v Ministre du Travail, de
l’Emploi et de l’Immigration (C-69/10)
28 July 2011 . . . 773
Brasserie du Pêcheur SA v Germany, R v
Secretary of State for Transport, ex p
Factortame Ltd (C-46 and 48/93) [1996]
ECR I-1029 . . . 690, 741, 783–5, 787,
792
Bresle v Prefet de la Région Auvergne and Prefet
du Puy-de-Dôme (C-257/95) [1996] ECR
I-233 . . . 286
Brey (C-140/12) EU:C:2013:565 . . . 568
Briheche v Ministre de l’Interieur, Ministre
de L’Education and Ministre de la
Justice (C-319/03) [2004] ECR
I-8807 . . . 593, 677
Brinkmann Tabakfabriken GmbH v
Skatteministeriet (C-319/96) [1998] ECR
I-5255 . . . 786, 789
British Aggregates Association v Commission
(C-487/06 P) [2008] ECI I-10515 . . . 728
British Airways plc and British Midland Airways
Ltd v Commission (T-371 & 394/94) [1998]
ECR II-2405 . . . 363
British Steel plc v Commission (C-1/98 P) [2000]
ECR I-10349 . . . 635
British Sugar plc v Commission (C-359/01 P)
[2004] ECR I-4933 . . . 667
Brown v Secretary of State for Scotland (197/86)
[1988] ECR 3205 . . . 563, 570
Brunnhofer v Bank der Österreichischen
Postsparkasse AG (C-381/99) [2001] ECR
I-4961 . . . 679
xv
Bruno Gollnisch v European Parliament
(T-42/06) [2010] ECR II-1135 . . . 747
BSM Geraets-Smits v Stichting Ziekenfonds
VGZ (C-157/99) [2001] ECR
I-5473 . . . 675
Buitoni v Forma (122/78) [1979] ECR
677 . . . 665
Bureau Européen des Médias de l’Industrie
Musicale (BEMIM) v Commission (T-144/92)
[1995] ECR II-147 . . . 364
Bureau Européen des Unions Consommateurs
and National Consumer Council v
Commission (T-37/92) [1994] ECR
II-285 . . . 364
Bürgerausschuss für die Bürgerinitiative Minority
SafePack—one million signatures for diversity
in Europe v European Commission (T-646/13)
EU:T:2017:59 . . . 150
C v Council (T-84/98) [2000] ECR
IA-113 . . . 749
Cadman v Health & Safety Executive (C-17/05)
[2006] ECR I-9583 . . . 587, 678
Caja de Ahorros y Monte de Piedad de Madrid v
Asociación de Usuarios de Servicios Bancarios
(Ausbanc) (C-484/08) [2010] ECR
I-4785 . . . 287
Calpak SpA and Societa Emiliana Lavorazione
Fruita SpA v Commission (789 & 790/79)
[1980] ECR 1949 . . . 333
Camar Srl and Tico Srl v Commission (T-79/96,
260/97, 117/98) [2000] ECR II-2193 . . . 744,
745, 748, 749
Campo Ebro and Others v Commission
(T-472/93) [1995] ECR II-421 . . . 739
Campus Oil Ltd v Minister for Industry
and Energy (72/83) [1984] ECR 2727 . . . 548,
671
Canadian Solar Emea GmbH v Council
(T-162/14) EU:T:2017:12 . . . 651
Canal Satélite Digital SL v Administración
General del Estado, and Distribuidora de
Televisión Digital SA (DTS) (C-390/99) [2002]
ECR I-607 . . . 675
Canon Europa NV v European Commission
(C-552/14 P) EU:C:2015:804 . . . 345
Carboni e derivati Srl v Ministero dell’Economia
e delle Finanze and Riunione Adriatica di
Sicurtà SpA (263/06) [2008] ECR
I-1077 . . . 650
Cargill BV v Commission (C-248/89) [1991]
ECR I-2987 . . . 617
Cargill BV v Produktschap voor Margarine,
Vetten en Olien (C-365/89) [1991] ECR
I-3045 . . . 617
Carlo Tedeschi v Denkavit Commerciale Srl
(5/77) [1977] ECR 1555 . . . 116
OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
xvi TABLE OF CASES
Carlos Garcia Avello v Belgium (C-148/02)
[2003] ECR I-11613 . . . 565
Carmen Media Group Ltd v Land Schleswig-
Holstein (C-46/08) [2010] ECR I-8149 . . . 686
Carpenter v Secretary of State for the Home
Department (C-60/00) [2002] ECR
I-6279 . . . 586, 674
Carvel and Guardian Newspapers Ltd v Council
(T-194/94) [1995] ECR II-2765 . . . 393
Casagrande v Landeshauptstadt München
(9/74) [1974] ECR 773 . . . 552
Caturla-Poch v Parliament (C-107/89 R) [1989]
ECR 1357 . . . 724
CEMR v Commission (T-46 and 151/98) [2000]
ECR II-167 . . . 611, 612, 619, 621
Centre d’exportation du livre français (CELF) and
Ministre de la Culture et de la Culture et de la
Communication v Société internationale
de diffusion et d’édition (SIDE) [2008] ECR
I-469 . . . 779
Centre public d’aide sociale de Courcelles v
Lebon (316/85) [1987] ECR 2811 . . . 553
Cerafogli v European Central Bank (T-114/13 P)
EU:T:2015:67 . . . 313
Cereol Italia v Azienda Agricola Castello
(C-104/94) [1995] ECR I-2983 . . . 665
CETM v Commission (T-55/99) [2000] ECR
II-3207 . . . 666
CEVA Sante Animale SA and Pharmacia
Enterprises SA v Commission (T-344–345/00)
[2003] ECR II-229 . . . 468
CFPR v European Commission (C­411/15 P)
EU:C:2017:11 . . . 619, 667
Changshu City Standard Parts Factory and
Ningbo Jinding Fastener Co Ltd v Council of
the European Union (C-376 and 377/15 P)
EU:C:2017:269 . . . 463
Chavez-Vilchez (H C) and Others v Raad van
bestuur van de Sociale verzekeringsbank
(C-133/15) EU:C:2017:35 . . . 573
Cheminova A/S v Commission (T-326/07)
[2009] ECR II-2685 . . . 432, 639, 698
Chevron USA Inc v NRDC 467 US 837
(1984) . . . 442
Cholakova v Osmo rayonno upravlenie pri
Stolichna direktsia na vatreshnite rab
(C-14/13) EU:2013:C:374 . . . 507
Chomel v Commission (T-123/89) [1990] ECR
II-131 . . . 608
CIRFS v Commission (C-313/90) [1993] ECR
I-1125 . . . 619, 631, 639
Citymo SA v Commission (T-271/04) [2007]
ECR II-1375 . . . 621
Claire Staelen v European Ombudsman
(T-217/11) EU:T:2015:238 . . . 818
ClientEarth and the International Chemical
Secretariat v European Chemicals Agency
(ECHA) (T-245/11) EU:T:2015:675 . . . 394,
656
ClientEarth v European Commission (T-111/11)
EU:T:2013:482 . . . 395
ClientEarth v European Commission (T-424 and
425/14) EU:T:2015:848 . . . 396
CM Eurologistik GmbH v Hauptzollamt Duisburg
(C-283–284/14) EU:C:2016:57 . . . 731
Cobrecaf v Commission (T-514/93) [1995] ECR
II-621 . . . 747
Codorniu v Council (C-309/89) [1994] ECR
I-1853 . . . 334
Coenen v Social Economische Raad (39/75)
[1975] ECR 1547 . . . 674
Cofidis SA v Fredout (C-473/00) [2002] ECR
I-10875 . . . 772
Co-Frutta Soc coop v European Commission
(T-355 & 446/04) [2010] ECR II-1 . . . 267,
394, 397
Colegio de Ingenieros de Caminos, Canales y
Puertos v Administración del Estado
(C-330/03) [2006] ECR I-801 . . . 687
Colegio de Oficiales de la Marina Mercante
Espanola v Administracion del Estado
(C-405/01) [2003] ECR I-10391 . . . 556
Collins v Secretary of State for Work and
Pensions (C-138/02) [2004] ECR
I-2703 . . . 549, 550, 565, 573
Comafrica SpA and Dole Fresh Fruit Europe Ltd
and Co v Commission (T-139/01) [2005] ECR
II-409 . . . 338, 748
Comafrica SpA and Dole Fresh Fruit Europe Ltd
& Co v Commission (T-198/95, 171/96,
230/97, 174/98, and 225/98) [2001] ECR
II-1975 . . . 744, 746
Comateb v Directeur Général des Douanes et
Droits Indirects (C-192/95) [1997] ECR
I-165 . . . 760, 777, 778
Comet BV v Produktschap voor Siergewassen
(45/76) [1976] ECR 2043 . . . 759
Commission and France v Ladbroke Racing
Ltd (C-359 & 379/95 P) [1999] ECR
I-6265 . . . 364
Commission v Akzo Nobel Chemicals Ltd and
Akcros Chemicals Ltd (C-7/04 P(R)) [2004]
ECR I-8739 . . . 723
Commission v Alrosa Company Ltd
(C-441/07 P) EU:C:2010:377; [2010]
ECR I-5949 . . . 460
Commission v Artegodan GmbH (C-39/03 P)
[2003] ECR I-7885 . . . 177, 480, 703
Commission v AssiDomän Kraft Products AB
(C-310/97 P) [1999] ECR I-5363 . . . 733, 737
 OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
TABLE OF CASES
Commission v Atlantic Container Line AB
(C-149/95 P(R)) [1995] ECR I-2165 . . . 723
Commission v Austria (C-475/98) [2002] ECR
I-9797 . . . 409
Commission v Austria (C-147/03) [2005] ECR
I-5969 . . . 63
Commission v Austria (C-203/03) [2005] ECR
I-935 . . . 677
Commission v Austria (C-28/09) EU:C:2011:
854 . . . 671
Commission v BASF AG (C-137/92 P) [1994]
ECR I-2555 . . . 267, 268
Commission v Belgium (149/79) [1980] ECR
3881 . . . 554, 555
Commission v Belgium (C-173/94) [1996] ECR
I-3265 . . . 556
Commission v Belgium (C-278/94) [1996] ECR
I-4307 . . . 547
Commission v Belgium (35/97) [1998] ECR
I-5325 . . . 547
Commission v Belgium (C-355/98) [2000] ECR
I-1221 . . . 548
Commission v Belgium (C-471/98) [2002] ECR
I-9681 . . . 409
Commission v Belgium (C-217/99) [2000] ECR
I-10251 . . . 671
Commission v Camar Srl and Tico Srl (C-312/00 P)
[2002] ECR I-11355 . . . 738, 744
Commission v Cantina sociale di Dolianova
Soc coop arl (C-51/05 P) [2008] ECR
I-5341 . . . 736
Commission v CEVA Santé Animale SA and
Pfizer Enterprises Sàrl (C-198/03 P) [2005]
ECR I-6357 . . . 742
Commission v Council (22/70) [1971]
ECR 263 . . . 266, 408
Commission v Council (81/72) [1973] ECR
575 . . . 730
Commission v Council (45/86) (Tariff
Preferences) [1987] ECR 1493 . . . 371,
421, 422
Commission v Council (Generalized Tariff
Preferences) (51/87) [1988] ECR 5459 . . . 729
Commission v Council (165/87) [1988] ECR
5545 . . . 421
Commission v Council (16/88) [1989] ECR
3457 . . . 114, 117
Commission v Council (C-122/94) [1996] ECR
I-881 . . . 371
Commission v Council (C-209/97) [1999] ECR
I-8067 . . . 421
Commission v Council (C-257/01) [2005] ECR
I-345 . . . 117, 121
Commission v Council (C-176/03) [2005] ECR
I-7879 . . . 405
xvii
Commission v Council (C-27/04) [2004] ECR
I-6649 . . . 207
Commission v Council (Convention on the
Rights of Broadcasting Organizations)
(C-114/12) EU:C:2014:2151 . . . 411
Commission v Denmark (C-467/98) [2002] ECR
I-9519 . . . 409
Commission v Denmark (C-192/01) [2003] ECR
I-9693 . . . 673, 709
Commission v Département du Loiret and
Scott SA (C-295/07 P) [2008] ECI
I-9363 . . . 729
Commission v EnBW (C-365/12 P)
EU:C:2014:112 . . . 396
Commission v European Central Bank (C-11/00)
[2003] ECR I-7147 . . . 651, 652
Commission v European Investment Bank
(C-15/00) [2003] ECR I-7281 . . . 651
Commission v European Parliament and
Council (C-378/00) [2003] ECR
I-937 . . . 119, 121, 730
Commission v European Parliament and Council
(C-122/04) [2006] ECR I-2001 . . . 121
Commission v European Parliament and Council
(C-427/12) EU:C:2014:170 . . . 141, 142
Commission v European Parliament and Council
(C-88/14) EU:C:2015:499 . . . 141, 143, 144, 146
Commission v Finland (C-469/98) [2002] ECR
I-9627 . . . 409
Commission v Finland (C-54/05) [2007] ECR
I-2473 . . . 548
Commission v France (21/84) [1985] ECR
1356 . . . 548
Commission v France (307/84) [1986] ECR
1725 . . . 556
Commission v France (318/86) [1988] ECR
3559 . . . 586, 589
Commission v France (C-265/95) [1997] ECR
I-6959 . . . 517
Commission v France (C-24/00) [2004] ECR
I-1277 . . . 673, 709, 710
Commission v France (C-262/02) [2004] ECR
I-6569 . . . 685
Commission v France (C-280/02) [2004] ECR
I-8573 . . . 707
Commission v France (C-334/02) [2004] ECR
I-2229 . . . 670
Commission v France (C-212/03) [2005] ECR
I-4213 . . . 673
Commission v France (C-333/08) 28 January
2010 . . . 673, 698, 699, 710
Commission v French Republic (167/73) [1974]
ECR 359 . . . 547
Commission v French Republic (68/76) [1977]
ECR 515 . . . 548
OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
xviii TABLE OF CASES
Commission v Fresh Marine A/S (C-472/00 P)
[2003] ECR I-7541 . . . 738, 742, 744, 817
Commission v Germany (12/74) [1975] ECR
181 . . . 548
Commission v Germany (178/84) [1987] ECR
1227 . . . 671, 684
Commission v Germany (C-5/89) [1990] ECR
I-3437 . . . 779
Commission v Germany (C-62/90) [1992] ECR
I-2575 . . . 671
Commission v Germany (C-493/99) [2001] ECR
I-8163 . . . 674
Commission v Germany (C-103/01) [2003] ECR
I-5369 . . . 432
Commission v Germany (C-318/05) [2007] ECR
I-6957 . . . 547
Commission v Germany (C-456/05) [2007] ECR
I-10517 . . . 674
Commission v Germany (C-141/07) [2008] ECR
I-6935 . . . 686
Commission v Germany (C-369/07) [2009] ECR
I-7811 . . . 548
Commission v Germany (C-518/07) [2010] ECR
I-1885 . . . 432
Commission v Germany (C-142/16)
EU:C:2017:301 . . . 707
Commission v Greece (68/88) [1989] ECR
2965 . . . 682, 761
Commission v Greece (C-200/88) [1990] ECR
I-4299 . . . 815
Commission v Greece (C-290/94) [1996] ECR
I-3285 . . . 556
Commission v Greece (C-140/03) [2005] ECR
I-3177 . . . 673
Commission v Greece (C-178/05) [2007] ECR
I-4185 . . . 762
Commission v Greece (C-460/08) 10 December
2009 . . . 547
Commission v Hellenic Republic (C-185/96)
[1998] ECR I-6601 . . . 547, 553
Commission v Hellenic Republic (C-187/96)
[1998] ECR I-1095 . . . 547
Commission v IIC Informations-Industrie
Consulting GmbH (T-500/04) [2007] ECR
II-1443 . . . 611
Commission v Ireland (113/80) [1981] ECR
1625 . . . 548
Commission v Ireland (249/81) [1982] ECR
4005 . . . 548
Commission v Ireland (45/87) [1988] ECR
4929 . . . 548
Commission v Ireland (C-354/99) [2001] ECR
I-7657 . . . 682, 761
Commission v Ireland (C-418/04) [2007] ECR
I-10947 . . . 708
Commission v Ireland (C-89/08 P) [2009] ECR
I-11245 . . . 350, 352, 353, 370
Commission v Italy (154/85) [1987] ECR
2717 . . . 548
Commission v Italy (225/85) [1987] ECR
2625 . . . 555
Commission v Italy (C-129/00) [2003] ECR
I-14637 . . . 778
Commission v Italy (270/02) [2004] ECR
I-1559 . . . 671
Commission v Italy (C-260/04) [2007] ECR
I-7083 . . . 392
Commission v Italy (C-263/05) [2007] ECR
I-11745 . . . 707
Commission v Italy (C-132/06) [2008] ECR
I-5457 . . . 506
Commission v Italy (C-304/09) [2010] ECR
I-13903 . . . 726
Commission v Italy (C-379/10)
EU:C:2011:775 . . . 788
Commission v Jégo-Quéré & Cie SA (C-263/02 P)
[2004] ECR I-3425 . . . 149, 317, 318, 332, 338
Commission v Koninklijke FrieslandCampina
NV (C-519/07 P) [2009] ECR I-8945 . . . 622,
629
Commission v Lisrestal (C-32/95 P) [1996] ECR
I-5373 . . . 312, 314, 350
Commission v Luxembourg (C-111/91) [1993]
ECR I-817 . . . 553
Commission v Luxembourg (C-473/93) [1996]
ECR I-3207 . . . 554–557
Commission v Luxembourg (C-472/98) [2002]
ECR I-9741 . . . 409
Commission v Luxembourg (C-445/03) [2004]
ECR I-10191 . . . 674
Commission v Luxembourg (C-319/06) [2008]
ECR I-4323 . . . 683
Commission v Malta (C-76/08 R) [2008] ECR
I-64 . . . 723
Commission v Netherlands (C-41/02) [2004]
ECR I-11375 . . . 672, 709
Commission v Netherlands (C-299/02) [2004]
ECR I-9761 . . . 673
Commission v Portugal (C-458/08) 18 Nov
2010 . . . 674
Commission v Schneider Electric SA (C-440/07
P) [2009] ECR I-6413 . . . 738
Commission v Scott SA (C-290/07) 2 September
2010 . . . 465
Commission v Solvay SA (C-287–288/95 P)
[2000] ECR I-2391 . . . 268
Commission v Spain (C-45/93) [1994] ECR
I-911 . . . 559
Commission v Spain (C-94/08) [2008] ECR
I-160 . . . 547
 OUP CORRECTED PROOF – FINAL, 11/10/18, SPi
TABLE OF CASES
Commission v Sweden (C-468/98) [2002] ECR
I-9575 . . . 409
Commission v Sytraval and Brink’s France
(C-367/95 P) [1998] ECR I-1719 . . . 313,
365, 370
Commission v Technische Glaswerke
Ilmenau GmbH (C-139/07 P) [2010] ECR
I-5885 . . . 354, 395, 656
Commission v Tetra Laval (C-12/03 P) [2005]
ECR I-987 . . . 458, 459, 470, 473, 475
Commission v T-Mobile Austria GmbH
(C-141/02 P) [2005] ECR I-1283 . . . 368
Commission v UK (61/81) [1982] ECR 2601 . . . 585
Commission v UK (124/81) [1983]
ECR 203 . . . 671
Commission v UK (40/82) [1982] ECR
2793 . . . 684
Commission v UK (165/82) [1983] ECR
3431 . . . 589
Commission v UK (207/83) [1985] ECR
1201 . . . 548
Commission v UK (C-383/92) [1994] ECR
I-2479 . . . 682, 761
Commission v UK (C-359/97) [2000] ECR
I-6355 . . . 762
Commission v UK (C-466/98) [2002] ECR
I-9427 . . . 409
Commission v UK (C-508/03) [2006] ECR
I-3969 . . . 615
Commission v UK (C-6/04) [2005] ECR
I-9017 . . . 708
Commission and European Parliament v Council
(C-137/12) EU:C:2013:675 . . . 406
Commune de Mesquer v Total France SA and
Total International Ltd (C-188/07) [2008] ECR
I-4501 . . . 708
Compagnie d’Approvisionnement de Transport
et de Crédit SA et Grands Moulins de Paris
SA v Commission (9 & 11/71) [1972]
ECR 391 . . . 737, 752
Compagnie Française de l’Azote (COFAZ) SA v
Commission (169/84) [1986] ECR 391 . . . 318
Compagnie Industrielle et Agricole du Comté de
Loheac v Council and Commission (54–60/76)
[1977] ECR 645 . . . 752
Compagnie Interagra SA v Commission (217/81)
[1982] ECR 2233 . . . 756
Compagnie Maritime Belge Transports SA and
others v Commission (T-24–26 & 28/93)
[1996] ECR II-1201 . . . 469
Compass-Datenbank GmbH v Republik
Österreich (C-138/11) EU:C:2012:449 . . . 442
Comptoir National Technique Agricole (CNTA)
SA v Commission (74/74) [1975] ECR
533 . . . 448, 450, 628, 740, 749
xix
Comunita Montana della Valnerina v
Commission (T-340/00) [2003] ECR
II-811 . . . 106
Comunità Montana della Valnerina v
Commission (C-240/03 P) [2006] ECR
I-731 . . . 666
Conegate v Customs and Excise Commissioners
(121/85) [1986] ECR 1007 . . . 685
Confédération européenne des associations
d’horlogers-réparateurs (CEAHR)
v Commission (T-427/08)
EU:T:2010:517 . . . 364, 460
Confédération européenne des associations
d’horlogers-réparateurs (CEAHR) v
Commission (T-712/14)
EU:T:2017:748 . . . 364
Conley King v The Sash Window Workshop
Ltd and Richard Dollar (C-214/16)
EU:C:2017:439 . . . 512, 516
Connolly v Commission (C-274/99 P) [2001]
ECR I-1611 . . . 521, 662
Conserve Italia Soc Coop arl v Commission
(C-500/99 P) [2002] ECR I-867 . . . 106,
616, 666
Conserve Italia Soc Coop rl v Commission
(T-186/00) [2003] ECR II-719 . . . 666
Conserve Italia Soc Coop rl v Commission
(T-305/00) [2003] ECR II-5659 . . . 666
Conserve Italia Soc Coop rl v Commission
(T-306/00) [2003] ECR II-5705 . . . 667
Consorzio Cooperative d’Abruzzo v Commission
(15/85) [1987] ECR 1005 . . . 615
Consorzio Gruppo di Azioni Locale Murgia
Messapica v Commission (T-456/93) [1994]
ECR II-361 . . . 619
Costantini v European Commission (T-44/14)
EU:T:2016:223 . . . 423
Consten & Grundig v Commission (56 & 58/64)
[1966] ECR 299 . . . 362, 450
Coote v Granada Hospitality Ltd (C-185/97)
[1998] ECR I-5199 . . . 762
Cordis Obst und Gemuse GrossHandel
GmbH v Commission (T-18/99) [2001] ECR
II-913 . . . 626, 739, 754, 756, 757
Corporación Dermoestética SA v To Me Group
Advertising Media (C-500/06) [2008] ECR
I-5785 . . . 687
Corsica Ferries Italia Srl v Corpo dei Piloti del
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I-1783 . . . 286
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ECR II-2967 . . . 729, 753
Costa v ENEL (6/64) [1964] ECR 585 . . . 282
Another random document with
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 “You were—papa, where’s Jud Lasher?”
“He’s gone to sea, hasn’t he?”
“Will he come back? Ever?”
“Not unless you talk about him. He might if you do.”
“I thought you didn’t believe in ghosts.”
“There are ghosts and ghosts. Foolish people talk about the
imaginary ones. The real ones—big men don’t talk about them at all,
and you’re getting to be a big man, aren’t you?”
“Yes, papa; yes, sir.”
He was dizzy. He swung like a blown rag on a clothesline—or like
a sailor on a—a whaler. A sailor on a whaler.
The old rooster snored. His father’s hands came out across the
ocean and drew the covers over the sailor’s hands. He—he was—
was——
It was morning.
It takes girls a long while to dress, and Keith was always
downstairs long before Immy. This morning he was quicker than
ever. He wanted to get to that cellar and see it by daylight.
He met his father in the hall, pacing up and down. His father
looked at him queerly as if he were afraid. That was a silly thing to
think, of course, but his father looked sick—as if he hadn’t slept well
or any at all.
The boy thought it best to be frank.
“Papa, was that a dream? All of it?”
“Was what a dream?”
“About me being in the cellar and seeing you taking stones out of
the wall.”
“Let’s go down and look at the cellar.”
Keith loved that. When in doubt, visit the scene of the legend.
 He went down the steps. The morning light came in through little
windows smeared with cobwebs.
Keith missed first the heap of stones on the floor, the hole in the
foundation of the chimney, the box of quicklime. The stones were in
place. There was no hole in the wall, no quicklime. The cellar floor
was clean—cleaner than usual.
“I guess it was a dream, papa.”
He took his father’s hand. The hand felt funny, gritty and clammy,
as if it had been washed very hard. He glanced down and the nails
were white along the edges.
He said nothing as they started upstairs, but his backward look
noted a thing he thought he ought to speak of:
“Papa, the stones in the chimney look like they’d been chiseled out
and put back in again with fresh mortar.”
“Do they?” his father gasped, and sat down hard on the cellar
steps. He nodded and groaned wearily.
“They do look that way.”
He thought a while, then rose and took an old broom and jabbed it
into spider webs on the windows and whisked them away and
spread them across the fresh lines.
“Does that look better?”
“If you could get the spiders to move there it would.”
Now the boy felt that he was made an accomplice. His father took
his criticism and acted on it.
It was the most wonderful thing that had ever happened to the boy.
He was saving his father from some mistake. The greatest lawyer in
the world was taking Keith’s advice. He groaned with delight and
hugged his father’s arm, murmuring:
“We’re like pardners——”
“Partners we are.”
 “I’m a big man now at last. Couldn’t you let me know ever’thing,
so’s I could help you when you needed me?”
His father gazed at him devotedly and kissed him. He did not like
that kissing business. Big men did not indulge in such girls’ play. Still
he remembered the story of Nelson’s death in the sea battle and
how the fearless admiral’s last words were a plea to another officer
to kiss him.
But in spite of this burst of affection his father would not explain
the Lasher mystery; he said the boy was too young to know. Yet he
was not too young to tell enough to let other grown-up people know.
RoBards, haggard with loss of sleep and the storms he had barely
weathered, was frantic to prevent the children from publishing the
devastating news.
Curiosity would work in them like a yeast and the instinct to ask
questions could only be overcome by some overwhelming injunction.
He led Keith to the library and fetched out the vast family Bible,
and set the boy’s little hand on it and said:
“Swear that you will never mention Jud Lasher’s name to anybody,
or breathe a word of what he did or what I did to him. Do you
swear?”
“Yes, papa, I swear, and I p’omise——”
“Do you know what happens to people who break their oaths?”
“Oh, yessir, they burn in hell-fire forever and ever, amen.”
His father paid the boy a noble homage when he made the appeal
to his chivalry above his fear:
“Worse than that, it would mean that if you told, your little sister
would be shamed before everybody as long as she lived. Everybody
would think of her as if she were worse than wicked; nobody would
ever marry her. She would be afraid to be seen anywhere. She
would cry all the time and never smile.”
“That would be worse’n me burning in hell. Oh, yessir, I won’t tell,
sir.”
 “This promise won’t wear out in a few days or months, will it? This
house will be yours when I am gone. It must never be sold; never be
torn down till I am dead and gone. After Immy dies it won’t matter so
much. Does your poor little brain understand all this?”
His accurate soul answered: “I don’t understand it, no sir; but you
do, and what you want is enough for me. I wish you would trust me.”
“I do. And one last word: don’t tell Immy what I’ve told you. Don’t
let her talk about it. And always remember that the least word you let
slip might mean that the policemen would come and take me away
and hang me before all the people.”
The boy screamed at that and was hardly soothed back to calm.
“SWEAR THAT YOU WILL NEVER MENTION JUD
LASHER’S NAME TO ANYBODY”
 CHAPTER XXII

ROBARDS was afraid to leave the house. How could he trust it to

keep the secret? There would be nobody to guard the cellar from
intrusion. Yet no intruder would be interested in studying the stone
walls. Anyone who entered the house would seek jewelry or silver or
clothes.
He dared not ask the children to deny themselves the visit to the
city. They were already nagging him to make haste lest they be too
late for the parade.
So he locked the house up and drove away. When he cast his last
glance back he sent a prayer in his eyes to the house to be good to
him and to protect him and its other children.
The tulip tree stood at attention, solemn and reliable.
He approached the Lasher hovel with dread and tried to make the
horses gallop past, but Mrs. Lasher stood in the middle of the road
and held up her arms.
He had to face her, and he checked his horses while his heart
plunged and galloped. But all she said was:
“I just wanted to tell you that Jud left home yesterday to go to sea.
It broke my heart, but I hope you’re satisfied.”
RoBards took reassurance from the irony of this taunt, sorry as he
felt for the poor, life-beaten woman before him. He nodded and
touched his hat, and she stepped aside to let him pass.
He could only hope that she would not visit the house in his
absence. He caught a quick look from Keith’s eyes—a look of proud
complicity. During the long drive the boy’s hand kept stealing round
his arm and patting it encouragingly.
They reached the railroad station just in time. The cars were so
crowded that it was hard to squeeze aboard. It seemed that the
whole countryside was drained of its populace.
Everybody was bound for New York. Everybody had on his best or
hers. The day was glorious and the world in a holiday mood. Many of
the people carried baskets of food. The silliest joke brought guffaws
of success and idiotic repartee.
RoBards was hailed by clients and other acquaintances: “Here’s
lawyer RoBards!” “How air ye, Jedge?” “Well, we put up a good fight,
but I guess it was a good thing we got licked.” “That’s right; you
never know your luck.” “Bigger N’ York grows, the better it’ll be for all
of us.” “They’ll want plenty o’ butter ’n’ eggs down to the setty. We
got water enough to dieloot the melk and then spare some for the
pore town rats.”
The engine whistled. Everybody jumped. The bell rang. Everybody
cheered. The locomotive puffed and strained and jerked and the
carriages began to move.
Keith leaned far out of the window while his father held his heels.
He saw the engine rolling round a curve with a brave choo-choo.
Immy was content to wonder at the people, their funny hats and gay
clothes. But Keith wanted to know how the engine ran without
horses. His father had such a hard time explaining the modern
miracle, that Keith offered to bet they had a couple of horses hidden
in the old engine somewhere.
It was appalling how fast they went. The landscape was a blur.
“The horses are running away!” Keith yelled and then came in
yowling, bringing an eyeful of coal dust. It was hard to get him to
open his eyes till the grime was washed out. RoBards found an
allegory in that: how human it was to clench the eyes and the heart
tight upon what hurt them most; how hard it was to persuade people
to let go what they could not endure.
The carriages rocked and threatened to capsize. Women squealed
and baskets came tumbling down from the racks. An umbrella almost
transfixed the hat of one fluttering farm-wife.
Everybody agreed that the steam locomotive was the devil’s own
invention—something unchristian about it; folks would soon go back
to horses like God meant them to. No wonder some God-fearing
souls had risen to forbid the use of the schoolhouse for meetings in
the interest of this contraption of Beelzebub.
But in an incredibly short time the train was running among
streets. They were in New York already and the city was decorated
“like as if they was a weddin’ in every last house.”
Loops of bunting and marvelous clevernesses of flag arrangement
bedecked all the homes, and throngs were hastening south to the
heart of the city and the grandest parade of modern times.
One pitiful, forlorn little old woman was seemingly the only human
being left behind to guard Westchester County till its populace
returned from the excursion to New York City. Westchester had
presented the metropolis with one of its rivers, and it went down to
make the bestowal formal.
Mrs. Lasher had not the money nor the time for such a journey.
Water to her was the odious stuff she lugged from the well to the
washtub or the stove. New York meant scarce more to her than
Bombay or Hong-Kong. She hardly lifted her eyes from her toil to
note who passed her hovel or in which direction. Yet she had
watched for RoBards and had run out to taunt him with his cruelty to
her.
And now she was multiplied in his eyes into an endless procession
of visions more terrible to him than an army with banners, more
numerous than the parading hosts that poured along the streets of
New York.
While the bands thumped and brayed and the horses’ hoofs
crackled on the cobblestones, and the soldiers and firemen and
temperance folk strutted, he seemed to see only that little
despondent hag wringing her work-tanned fingers over the loss of
her good-for-nothing son. She was bitter against RoBards for
sending the lout away to be a sailor. What would she have said if she
had known—what would she say when she learned as learn she
surely must—that RoBards had saved her boy from the perils of the
seven seas by immuring him in the foundation walls of his home?
 The Russians had been wont to build a living virgin into the walls
they wished to sanctify. He had sacrificed a lad and he was doomed
to stand guard over the altar. He was as much a prisoner as the
dead Jud—chained to a corpse.
It terrified him to think that the half-crazed old mother had the
franchise of Tuliptree Farm for this day, since there was never a soul
left on the place to prevent her wandering about. What if she chose
the opportunity to visit the home where she had never been invited
to call? Just to see how her betters lived, she might climb in at a
window and wander about the rooms. He saw her in his fancy
gasping at the simple things that would be splendor to her pauper’s
eye.
What if the blood of her son should cry aloud to her like Abel’s
from the ground, and draw her to the cellar? What if she should see
through the clumsy disguise of spiderwebs and begin tearing at the
foundation stones with those old hen’s-claw fingers of hers?
It was a ridiculous image to be afraid of, but RoBards could not
banish it.
 CHAPTER XXIII

THE children had apparently forgotten all about the tragedy. The
newness of the train-ride, the fear of missing something, of being
late somewhere, of not being everywhere at once, kept their little
minds so avid that there was no thought of yesterday.
They entered the city as if they were wading into the boisterous
surf at Rockaway Beach. The crowds broke about them with a din of
breakers thundering shoreward. Yet they were not afraid.
When they descended from the train at the station, RoBards could
hardly keep them in leash long enough to get them into a hack. As it
bounced across the town to St. John’s Park, he had only their backs
and heels for company. Each child hung across a door and stared at
the hurrying mobs.
At length they reached the home and all their thoughts were
forward. Nothing that had ever happened in the country could pit
itself against the revelry of the city.
Their young and pretty mother looked never so New Yorkish as
when she ran down the front stoop to welcome them. When she
cried the old watchword, “How have you been?” they answered
heedlessly, “All right!” Immy, of all people, answered, “All right!”
Even RoBards forgot for the brief paradise of embracing his
gracious wife that everything was all wrong. She had to take him
about the house and show him the improvements she had made,
especially the faucet in the kitchen for the Croton water when it
should come gurgling through the pipes. From a parlor window she
pointed with delicious snobbery to the hydrant at the edge of the
front porch. Most marvelous of all was a shower-bath that she had
had installed upstairs. It would be possible to bathe every day! There
was something irreligious and Persian about the apparatus, but
RoBards rejoiced for a moment in the thought of what musical
refreshment it would afford him on hot mornings after long nights of
work.
The children were so impatient to get them gone that they had
hardly a glance to spare at the new toys, the faucets and hydrants,
the municipal playthings which would prevent fires in the future or at
least make the life of a fireman a pastime instead of a vain slavery.
Patty’s mother had been caught in the new craze for
“Temperance” and she called the Croton water as much of a
godsend as the floods that gushed out from the rock that Moses
smote. Since the city had removed the old pumps there had been no
place for a man to quench his thirst except by going to a grocery
store and asking for a cup of water as a charity. Few people had the
courage to beg for water, so they either went dry or paid for a glass
of brandy. This, she said, had kept up the evil of drunkenness that
was undermining the health and character of so many men and
women. Once the pure Croton water was accessible and free,
intoxication would cease.
But old man Jessamine, himself a child now, belittled the
significance of the Croton day. It would be nothing, he said, to the
great day when the Erie Canal was opened and the first boat from
the lakes started its voyage through the canal to the Hudson and
down the river to the sea. He held the frantic children fast while he
talked ancient history: described the marvelous speed of the news.
“The very identical moment the first drop of Erie water entered the
canal at Buffalo, a cannon was fired. Eight miles away stood another
cannon and the minute that cannoneer heard the first shot, he fired
the second cannon. Eight miles away was another, and so on all the
way to Sandy Hook. For more than five hundred miles the cannon
were lined up eight miles apart and it took only an hour and twenty
minutes for the news to reach New York, and then they sent the
news back to Buffalo the same way; and so it took less than three
hours to send a message more than a thousand miles. Wasn’t that
wonderful?”
The children wriggled impatiently and said, “Please, grampa, the
bands are playing. We’d better hurry.”
 The old man held them tighter and went on:
“When the canal boats reached New York there was a grand
procession of ships, and there were two elegant kegs of Erie water
with gold hoops and Governor Clinton emptied one of them into the
ocean to marry the sea to the lakes; and another man poured in
phials of water from the Elbe, the Rhine, the Rhone, and all the
rivers and seas. And the land parade, you should have seen that! All
the societies had wagons: the Hatters’ Society with men making hats
before your very eyes; the Rope-makers with a ropewalk in
operation; the comb-makers, the cordwainers, the printers printing
an ode. To-day will be nothing to what people did when I was young,
for in those days——”
But the children had broken away from his sharp knees and his fat
stomach and his mildewed legends. The band outside was
irresistible, and their father was waiting to say good-by to them.
Keith was mighty proud of his father in his fireman’s uniform. But
when RoBards seized Immy, tossed her aloft and brought her down
to the level of his lips, she was as wildly afraid as Hector’s child had
been of him in his great helmet. Immy was easily frightened now. Her
scream pierced the air, and she almost had a fit, squirming in her
father’s arms and kicking him in the breast as he turned her over to
Patty, who received her, wondering like another Andromache.
“What’s the matter? what on earth?” Patty cried. And Immy
sobbed:
“I thought Papa was Jud Lasher.”
“What a funny thought! Why should you——”
Patty’s father called to her opportunely, demanding with senile
querulousness, who had hidden his walking stick and where.
RoBards forgave the old man much for playing providence this once.
As Patty turned aside, Keith seized Immy’s foot and warned her to
“keep still for heavem’s sakes.” She understood; her eyes widened
and she pleaded with her father to forgive her. He was as afraid of
her penitence as of her terror; but somehow in the flurry of leaving
the house, Patty forgot her curiosity, and the incident passed over.
 The loyalty of Keith and his quick rally to his father’s protection
from Immy’s indiscretion touched RoBards deeply. The boy had
evidently inherited the family love of secrecy for the family’s sake.
But RoBards was sick with fear, realizing on what slender threads
the secret hung. He dreaded to leave the children with their mother,
lest they let slip some new clue to the agony he loved Patty too well
to share with her. But he had to take his place with his fire company,
though the sky fell in his absence.
 CHAPTER XXIV

THAT procession was seven miles long, and everyone who marched
or rode, and each of the massed spectators had his or her terror of
life at the back of the heart. But RoBards knew only his own anxiety.
The Fire Kings had left their engine house by the time he reached
the place and he had to search for them in the welter of humanity.
The Battery was the point from which the parade was to start and
every street within two miles of it was filled with men and horses and
mobs of impatient people already footsore with standing about on
the sharp cobblestones.
At last the serpent began to move its glittering head. The Grand
Marshal, General Hopkins, set forth with a retinue of generals and
aids, guards and riflemen. The horse artillery and various guard
regiments followed with seven brass bands. The second division
under Major General Stryker consisted of the Governor and his staff,
the state artillery, State Fencibles and cadets, councilmen from
various cities, foreign consuls, and members of the Society of the
Cincinnati, escorting the water commissioners and engineers, all in
barouches. The third division included officers of the army and navy
and militia, “reverend the clergy,” judges, lawyers, professors, and
students; the chamber of commerce and the board of trade. The
firemen made up the fourth division. Four other divisions tailed after.
It seemed that there could be nobody left to watch when so many
marched. But the walks and windows, porches and roofs were a
living plaster of heads and bodies. New York had more than doubled
its numbers since the Erie Canal festival and had now nearly three
hundred and fifty thousand souls within its bounds, as well as
thousands on thousands of visitors.
It gave RoBards’ heart another twinge to stand an obscure
member of a fire-gang and watch Harry Chalender go by in a
carriage as one of the victorious engineers.
 RoBards had fought him and his ambitions and must haul on a
rope now like a harnessed Roman captive, while his victor triumphed
past him in a chariot, or, worse, a barouche.
Life had defeated RoBards again and again. With the loftiest
motives he had been always the loser, and he could not understand
things. Chalender was a flippant fencer with life; yet somehow he
fought always on the winning side and the worthier side. His mortal
offense had been condoned, outlawed, and the offended ones
helped to conceal his guilt.
It was bitter for an earnest man like RoBards to go afoot after such
a rake as Chalender. Why should he have killed and hidden Jud
Lasher in a wall, and let Harry Chalender, who had been as evil, ride
by in state showered with the cheers due a hero, a savior of New
York?
RoBards would never cease to shudder lest it be found out that he
had spared Chalender; and he would never cease to shudder lest it
be found out that he had punished Jud Lasher. A jury would probably
acquit him for killing Lasher, but only if he exculpated himself by
publishing the disaster that had befallen Immy. If he had killed
Chalender and published his wife’s frailty, a jury would have
acquitted him for that, too. But why should it have befallen him to be
compelled to such decisions and such secrecies?
Now his wife, holding his daughter in her lap, would wave
salutations to Chalender, and remember—what would she
remember? And would she blush with remorse or with recollected
ecstasy? RoBards turned so scarlet at the thought that when the Fire
Kings halted for a moment, one of his companions told him he
looked queer and offered him a nip at his hip-flask of brandy.
RoBards said it was the heat, and then the command to march
resounded along the line. The Fire Kings resumed the long trudge
round Bowling Green up Broadway all the distance to Union Park,
round the Park and down the Bowery, through Grand Street and
East Broadway and Chatham to City Hall Park, where they were to
form on the surrounding sidewalks during the exercises.
 The fire division was led by a band of music from the Neptune
Hose Company of Philadelphia. Engines and hose carts from there
and other cities followed, all smothered in flowers and ribbons. The
New York Fire Department was preceded by its banner, borne on a
richly carpeted stage drawn by four white horses elegantly
caparisoned, each steed led by a black groom in Turkish dress.
That banner was a masterwork. On one side widows and orphans
blessed the Fire Department for its protection, while a “hero of the
flames” attended them. Neptune towered above them, “evidently
delighted with the victory he had accomplished over his ancient
enemy, the Demon of Fire, by the aid of his skillful and intrepid allies,
the firemen of New York.”
On the other side of the banner was the Queen of Cities pointing
to the Croton Dam. The banner of mazarine blue, with crimson and
amber fringe, tassels, and cord, was surmounted by a carved wood
trumpet and helmet, ladder and trumpet, and an eagle with extended
wings.
Hundreds of firemen followed in glazed caps, red flannel shirts,
and pantaloons of various colors. The devices were wonderful, a
scene from the tragedy of Metamora, a scene from Romeo and
Juliet, a phœnix, many phœnices, Neptunes galore, burning
churches, a mother rescuing a child from an eagle’s nest, an Indian
maid parting from her lover, Liberties, sea-horses, tritons, Hebes, the
Battle of Bunker Hill, Cupids, mottoes like “From our vigilance you
derive safety,” “Duty, though in peril,” “We come to conquer and to
save,” “Industry and perseverance overcome every obstacle,”
“Combined to do good and not to injure,” “Semper paratus,” “We are
pledged to abstain from all intoxicating drinks.”
Among the fascinating objects carried in procession were the Bible
on which George Washington had taken the first presidential oath;
the printing press used by Benjamin Franklin in London, and a
modern press, for contrast, striking off an ode written for the
occasion; a foundry; a group of millers up to their eyes in meal as
they ground corn and bagged it; sections of Croton water pipe of
every dimension with examples of all the tools; a display of gold and
silverware of several thousand dollars’ value.
The Temperance Societies attracted especial attention. They
included gray-haired men, boys, mothers and daughters, and
numerous reformed drunkards. Their banners were inspiring. The
Bakers’ Temperance Benevolent Society carried a banner showing
on one side all the horrors of intemperance, “the lightning destroying
the false light that has already enticed the ship of the Inebriate to his
destruction; the moderate drinker coming on under easy sail, just
entering the sea of trouble; the first glass making its appearance on
the horizon; a figure representing beastly intoxication, another just
throwing off the shackles of intemperance; the Anchor of Hope firmly
planted in the Rock of Safety with the pledge of total abstinence for
its cable extending across the abyss of destruction and winding
through the land. On the other side, the Genius of Temperance
offered the Staff of Life and the Cup of Health; the Temple of Science
and Wisdom divided the picture with Peace, Commerce, Mechanics,
and Agriculture flanking. A smaller banner showed the interior of a
Bake House with the Temperate Bakers cheerfully performing their
work.”
Other banners were even more comprehensive.
The procession moved along with the usual open and shut effect.
There would come an abrupt halt with everybody in a jumble. Then a
quick start-off and a lengthening gap that must be closed on the run.
It was annoying, wearisome, and soon began to seem foolish. Why
should one half of the town wear its feet off marching past the other
half of the town whose feet were asleep with the long sitting still?
By a stroke of luck, the Fire Kings made a long pause near the
residence on Broadway where Patty and her two families, old and
young, had been invited to watch the parade. RoBards was as
confused as a silly child when his son Keith recognized him and
advertised him with loud yells of “Papa!” He and Immy then came
bolting to the curb, followed by Patty.
People stared and made comments on the amazing thing that a
man’s wife should violate decorum with such public friendliness. It
was as bad manners as greeting a friend cordially on a Sunday.
Patty edged close to her husband and said—as if she knew it
would help him on his journey:
“Did you see how fat Harry Chalender is getting? He looked like an
idiot sitting up there while a man of your ability walks. It’s simply
disgusting!”
Oh, mystic comfort of contempt—the lean man’s for the fat; the fat
man’s for the lean; the failure’s for the conqueror! By the alchemy of
sympathy, RoBards’ anger was dissipated by finding its duplicate in
his wife’s heart. He smiled at her earnestness in a matter that had
but lately driven him frantic. It is thus that men prove women
excitable.
Then the bands ahead and abaft struck up at the same time but
not with the same tune and he had to move on, his mind and his feet
trying in vain to adapt themselves to both rackets.
It was two o’clock before the advanced guard of Washington
Grays galloped up in front of the City Hall. It was half past four when
the last man had passed in review, and Samuel Stevens, Esq.,
president of the Board of Water Commissioners, began his address.
He cried: “The works of Rome were built by soldiers and by
slaves. Ours was voted for by freemen, was constructed by freemen
—and we make the aspiration that in all ages to come it may bless
freemen, and freemen only!”
The president of the Croton Aqueduct Board followed, saying:
“The obstacles have disappeared! The hill has been leveled or
pierced, the stream and the valley have been overleaped, the rock
has been smitten! Nature, yielding to human industry, perseverance,
and skill, no longer withholds the boon she had before denied us. A
river, whose pure waters are gathered from the lakes of the
mountain-range, arrested and diverted in its course, after pouring its
tribute through a permanent and spacious archway for more than
forty miles, at length reaches our magnificent reservoirs, from
whence it is conducted by subterranean conduits, extending one
hundred and thirty additional miles, throughout the greatest portion
of our city.”
When he had finished, the ladies and gentlemen of the Sacred
Music Society sang the ode which General George P. Morris had
written at the request of the Corporation of the City of New York:

“Gushing from this living fountain,

Music pours a falling strain,
As the Goddess of the Mountain
Comes with all her sparkling train....

“Gently o’er the rippling water,

In her coral-shallop bright,
Glides the rock-king’s dove-eyed daughter,
Deck’d in robes of virgin white....

“Water leaps as if delighted

While the conquered foes retire!
Pale Contagion flies affrighted
With the baffled demon, Fire!...

“Round the Aqueducts of story,

As the mists of Lethe throng,
Croton’s waves in all their glory
Troop in melody along.”

From his post on the sidewalk RoBards could hear snatches of the
speeches, bursts of song. He joined in the “nine hearty cheers for
the City of New York and perpetuity to the Croton Water” when the
Grand Marshal called for them.
Then the ceremonies were over and a cold collation was served in
the City Hall, with Croton water and lemonade, but no wine or
spirituous liquors. Patty sent the children home with her parents and
joined her husband at the feast.
Mayor Morris offered a toast to the Governor and he responded,
remarking that New York “but yesterday a dusty trading mart,” had
now “the pure mountain stream gushing through its streets and
sparkling in its squares. To the noble rivers with which it was
encircled by Nature, is now added the limpid stream brought hither
by Art, until in the words of the Roman poet, alike descriptive and
prophetic, her citizens exult,

“inter flumina nota

Et fontes sacros.”

The night was as brilliant as the day. All the places of public
amusement were crowded and at the Tabernacle a sacred concert
was given. The fair at Niblo’s was suffocatingly frequented, and the
fireworks were splendid. At Castle Garden there were fireworks and
a balloon ascension. The museums and hotels were brilliantly
illuminated; and at the Astor House seven hundred window lights
were hung.
The Common Council caused a silver medal to be struck in
commemoration of the occasion, showing on one side the reservoir
on Murray’s Hill, on the other a cross-section of the aqueduct. It
would savor of boasting, perhaps, to aver that this medal was the
ugliest in the history of medalurgy.
Better than all the fireworks of oratory or powder, more blithe than
all the brass music, the roar of cannon and the rattle of firearms, the
bunting and the glitter, was the sudden outburst of the fountains. The
water that had come running down from the Croton dam leaped into
the air and fell with a resounding uproar. It reveled in the light and
bloomed in gigantic blossoms whose frothy shapes hardly changed,
though the drops that made them were never for a moment the
same, but always a new throng that rushed up and lapsed with a
constant splashing and bubbling.
In the City Hall Park the Croton flung itself sixty feet in the air and
came back diamonds. Eighteen jets were so arranged that they
designed various figures, “The Maid of the Mist,” “The Croton
Plume,” “The Dome.” In Union Park there was a willow that wept
gleaming stars. In Harlem there was a geyser more than a hundred