EUR-Charts  -  the EU Law in Charts Project



NOTICE:

This Web-Companion relating to Essential EC Law in Charts, 1st edition 2007, pre-"Lisbon"  is discontinued!

To consult the companion websites for the 2010 "Lisbon" editions go here (as of 10 March 2010):
webcompanion-essential.eur-charts.eu

ALERT!

 
Title PageWeb-Companion

TOBLER, Christa / BEGLINGER, Jacques;
Essential EC Law in Charts;
HVG-ORAC, 1st ed., 2007 (including the 1st reprint ed., 2008);
ISBN 978-963-7490-96-5
 
Content:
A. Understanding the Charts method
B. Updates
B.1 On the Lisbon Treaty (Reform Treaty)
B.2 On Chapter 3 'Competences of the EC'
B.3 On Chapter 4 'The Institutions'
B.4 On Chapter 8 'The Common Market'
B.5 On Chapter 9 'Competition Law'
C. Corrigenda
C.1 Corrections to both the 1st edition 2007 and the Reprint 2008 edition
C.2 Corrections to the 1st edition 2007 only

A. Understanding the Charts method

In a changing world, teaching and knowledge sharing methods must cater for new generations' needs:

In view of the above, EUR-Charts give you some idea of what the blueprint of the edifice of Community law would look like. Not unlike architecture, the basic concepts seem misleadingly simple. The challenge lies in making the right connections.

Learn more about the Project's background in the document  Basics_2009_EUR-Charts_1.0.ppt.pdf   [Posted 16.9.2009] NEW:
 

B. Updates

Free download:
StatusCoverFiles for downloadTypePagesFormatSizeDate of Upload

Chapter 2a  The EU following the Lisbon Treaty (Reform Treaty).pdfComplimentary addititional Chapter 2a, based on the texts officially published in OJ 2007 C 306 (17 Dec 2007). 1 + 2 + 20PDF1.3 MB30.03.2008
NEW:
eur-charts.eu_LisbonMechanics_V1.0.pdfGraphic representation on the role of the Lisbon Treaty (Reform Treaty) in the envisaged transition. 1
PDF0.2 MB10.6.2009

A.1 On the Lisbon Treaty (Reform Treaty)

An additional Chapter 2a 'The EU following the Lisbon Treaty (Reform Treaty)' updating the book on this subject is available for download. The Chapter contains 20 new charts dealing with the changes brought about by the Lisbon Treaty (Reform Treaty).
 
The project team is finalising its works for a 2nd revised edition of  Essential EU Law in Charts. The 2nd edition will inter alia take into account the changes brought about by the Lisbon Treaty. The 2nd edition will be complemented by a text only booklet titled Essential EU Law in Text, explaining the context within which each chart of Essential EU Law in Charts is given its specific place (to be used mainly as an introduction for novice EU law students). Due February 2010. [Posted 7.12.2009]NEW:

Entering into force of the Lisbon Treaty on 1 December 2009:

NEW: [Posted 14.11.2009] The last signatory State, the Czech Republic, deposited the Czech instrument of ratification on 13 November 2009 in Rome ( > http://www.radio.cz/cz/zpravy/122233#1, http://www.radio.cz/en/news/122240). Hence, the Lisbon Treaty enters into force on 1 December 2009.

Art. 6 Lisbon Treaty:
1.This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.

2. This Treaty shall enter into force on 1 January 2009, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step.


Summary on the Lisbon Treaty: 

 [Posted 23.5.2008] A textual Summary on the Lisbon Treaty, prepared by the Europa Institute, Leiden University Law Faculty, The Netherlands, is available for download at:
 NEW:[Posted 22.11.2009] For a full report on the Lisbon Treaty see: The Treaty of Lisbon: an impact assessment, prepared by the United Kingdom House of Lords, European Union Committee, 10th Report of Session 2007–08, Volume I: Report, 2008. It is available for download at:

Official Lisbon Treaty website of the EU: 

 [Posted 24.11.2008] The EU dedicates a special website to the Lisbon Treaty :

Consolidated versions: 

 [Posted 19.5.2008] As of 9 May 2008, official consolidated versions of the Lisbon Treaty in all languages have been published in the Official Journal :

17 December 2007: For other languages than English, use the internet links on the same web page.

13 December 2007:

---Quote---
EU leaders agree new treaty deal  (Thursday, 13 December 2007)

EU leaders have signed a treaty in the Portuguese capital, Lisbon, that is expected to greatly alter the way members govern themselves.
The treaty creates an EU president and a vastly more powerful foreign policy chief for the Union's 27 nations.
At the same time the document scraps veto powers in many policy areas.
It is a replacement for the EU constitution abandoned following French and Dutch opposition. EU leaders insist the two texts are in no way equivalent.
But the Lisbon treaty incorporates some of the draft constitution's key reforms, and several governments face domestic pressure over the document.
<....>

Source:  BBC News,    http://news.bbc.co.uk/2/hi/europe/7141651.stm
---Unquote---

3 December 2007:

 For other languages than English, see: http://www.consilium.europa.eu/cms3_fo/showPage.asp?id=1317&lang=en&mode=g

19 October 2007:

---Quote---
EU leaders agree new treaty deal  (Friday, 19 October 2007)

European Union leaders have reached a deal on a landmark treaty to reform the 27-member bloc, <....>
The agreement in Lisbon was sealed shortly after midnight after objections from Italy and Poland were overcome.
The treaty is designed to replace the European Constitution that was rejected by French and Dutch voters in 2005 and will be formally signed on 13 December.
It includes the creation of a new longer-term president of the European Council and an EU foreign policy chief.
If what will become known as the Treaty of Lisbon is ratified by all member states, it will come into force in 2009.
<....>

Source:  BBC News,    http://news.bbc.co.uk/1/hi/world/europe/7051999.stm
---Unquote---


A.2 On Chapter 3 'Competences of the EC'


ChartpageChart titleCorrigendum
Chart 3 | 764Implied powers of the ECNew case law:

In the column labelled "EC criminal law in the context of EC policies" in the last box, the first sentence:
  • Only example so far: EC Criminal Law (2005), concerning environmental law.
should now read:
  • Landmark case: EC Criminal Law (2005), concerning environmental law.
    Further example: Case C-440/05 Commission v Council, judgment of 23 Octobre 2007, n.y.r.


A.3 On Chapter 4 'The Institutions'

[Posted 21.6.2009]
ChartpageChart titleCorrigendum
Chart 4 | 4
71
Structure of the European Parliament
As a result of the EP 2009 elections the following changes must be made:

A. Replace the Topic sentence to read:
 
The European Parliament is the largest EU institution. It consists of 736 elected members.

B. In the box labelled ‚The other Members of the European Parliament (MEP), 2004-2009’:

     Change the title within the box to read:
The other Members of the European Parliament (MEP), 2009-2014

     Change the first paragraph to read:
736 additional members (in total together with the President 737), elected by the peoples of all Member States in direct elections, based on a proportional representation system, for five years. There is no common election procedure yet.

     Change the part on the 'Distribution of seats:' to read:
• Germany:    
• France, UK, Italy:    
• Poland, Spain:   
• Romania:
• Netherlands:    
• Belgium, Czech Republic, Greece, Hungary, Portugal:
• Sweden:    
• Austria, Bulgaria (the latter only as of 2007):
• Denmark, Finland, Slovakia:    
• Ireland, Lithuania:    
• Latvia:    
• Slovenia:    
• Cyprus, Estonia, Luxembourg:    
• Malta:     		99
72 each
50 each
33
25
22 each
18
17 each
13 each
12 each
  8
  7
  6 each
  5

Chart 4 | 5
NEW:[Posted 23.12.2009]
72
 Structure of the Council of Ministers ('The Council')
 In the box labelled 'Members of the Council' delete the 2nd bullet point reading '- Plus the President of the Commission', so as the box to read:
Members of the Council
1 Minister per Member State,
depending on the nature of the business (e.g. the 'Agricultural Council' = the
national ministers for agriculture, the 'Finance Council' = the national ministers
for finance, etc.)


A.4 On Chapter 8 'The Common Market'

[Posted 13.4.2009]
As a result of the highly important Grand Chamber judgment in Case C-205/07 Gysbrechts and Santurel (decision of 16 December 2008), the charts on quantitative restrictions on the export of goods must be revised in the following manner:

1)    Chart 8 | 15:
Delete the two boxes in middle, entitled ‘Note’.

2)    Chart 8 | 16:
In the box on Art. 29 EC, replace the present text by the following:
‘The term ‘MEEQR’ covers distinctly applicable measures and under certain circumstances also covers indistinctly applicable measures; Groenveld (1979), Jersey Potatoes (2005), Gysbrechts and Santurel (2008).’

3)    Chart 8 | 25:
As a consequence of the changes in Chart 8 | 16, there are also changes in the decision tree, Chart 8 | 25. Please download the file WC_ECcharts-08-CommonMarket_V78_ch08-25.pdf and replace the full page 140 with the replacement chart  'rectified Chart 8|25';

4)    Chart 8 | 26:
a) The topic sentence should be replaced by the following:
For a long time, the Court appeared to interpret the concept of MEEQR under Art. 29 EC as including distinctly applicable measures only. More recently, the Court also included indistinctly applicable measures.
The same new topic sentence should also replace the respective existing topic sentence text to Chart 8|26 in the Chapter 8 Table of contents on page 113.

b) The box labelled 'Measures having an equivalent effect to a quanitiative restriction (MEEQR)'  in Chart 8/26 (in the middle to the right) must be reorganized in such a way as to leave nothing but the aforementioned label and to create two sub-boxes, one of which is labelled ‘Distinctly applicable measures’ and the other ‘Indistinctly applicable measures’. Both sub-boxes are linked to the existing, but now reduced, box by a simple line.

In the new box labelled ‘Distinctly applicable measures’, placed to the left, the text should read as follows:

Until recently, the Court held that Art. 29 EC catches only measures which provide for a difference in treatment between products destined for export and those sold within the Member State concerned, and that such measures can be justified only on the basis of Art. 30 EC; Grilli (2003).

E.g.:
    •    A licensing system only for export products; Bouhelier (1977);
    •    A requirement of registry with the export board; Jersey Potatoes (2005).

In the box on ‘Indistinctly applicable measures’, placed to the right, the text should read as follows:

Recently, the Court found an indistinctly applicable measure to constitute an MEEQR. Such MEEQR may be justified on the basis of Art. 30 EC or of overriding requirements of public interest, e.g. consumer protection under Cassis de Dijon (1979).

Gysbrechts and Santurel (2008), concerning a general prohibition to require a deposit or payment before the end of the period allowing the consumer to withdraw from a distance contract.

You may download the file WC_ECcharts-08-CommonMarket_V77_ch08-26.pdf and replace the full page 141 with the replacement chart  'rectified Chart 8|26'.

5)    In the Tables, VI.1. Case law, Court of Justice (CFI, ECJ), p.292, the following two cases should hence be added:
Grilli (2003): Case C-12/02 Marco Grilli [2003] ECR I-11585
Gysbrechts and Santurel (2008): Case C-205/07 Lodewijk Gysbrechts and Santurel Inter BVBA, judgment of 16 December 2008, n.y.r.


A.5 On Chapter 9 'Competition Law'

ChartpageChart titleCorrigendum
Chart 9 | 19

200The prohibition under Art. 82 ECAt the bottom of the page, in the box labelled 'Note', add an additional paragraph:
...
On 3 December 2008, the Commission published a draft document 'COMMUNICATION FROM THE COMMISSION - Guidance on the Commission's Enforcement Priorities in Applying Article 82 EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings'.

For the text of this draft Commission Communication, see http://ec.europa.eu/competition/antitrust/art82/index.html. See also the Commission's related press release and FAQ, both of 3 Dec 2008. On 27 pages, the draft text sets out in particular an 'economic and effects-based approach to exclusionary conduct under EC antitrust law'.
[Posted 5.12.2008]
Chart 9 | 30211Appraisal of mergersNew Commission Guidelines from the Commission on the assessment of non-horizontal mergers:

In the box labelled 'Criteria for review' add a new line at the end:

Guidelines on the assessment of non-horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2007)

According to the Guidelines, non-horizontal mergers are generally less likely to significantly impede effective competition than horizonal mergers. There are two main ways in which such mergers may nevertheless significantly impede effective competition:
- non-coordinated effects (in particular through foreclosure);
- coordinated effects.
However, the Commission is unlikely to find concern in non-horizontal mergers, be it of a coordinated or of a non-coordinated nature, where:
- the market share post-merger of the new entity in each of the markets concerned is below 30%; and
- the post-merger HHI (Herfindahl-Hirschman Index) is below 2000.
For the text of this new Commission Notice, see:
http://ec.europa.eu/comm/competition/mergers/legislation/nonhorizontalguidelines.pdf.
Chart 9 | 35216The prohibition under Art. 87(1) ECAt the bottom of the page, add a new box:

Note:
The Commission has published a number of Guidelines on the application of Art. 87 EC in certain, specific contexts; e.g.:
  • Community guidelines on state aid for environmental protection, OJ 2008 C 82/1;
  • Community guidelines on state aid to promote risk capital investments in small and medium-sized enterprises, OJ 2006 C 194/2;
  • Community guidelines on State aid for rescuing and restructuring firms in difficulty, OJ 2004 C 244/2.
[Posted 7.7.2008]
Chart 9 | 37

218Effect on trade and on competitionAt the bottom of the page, in the box situated to the left, labelled 'Generally', change the text in the box:
...
Aid of ≤ EUR 500,000 until 2010.

Note:
On 17 December 2008, the European Commission adopted a temporary framework on state aid changing the previous de minimis rule. According to the new framework, the Member States are able to grant without notification of individual cases subsidised loans, loan guarantees at a reduced premium, risk capital for SMEs and direct aids of up to EUR 500,000.
The measures are limited until the end of 2010 and subject to conditions. The Commission will evaluate whether the measures should be maintained beyond 2010.


For further information see the Commission's press release of 17 December 2008:

'State aid: Commission adopts temporary framework for Member States to tackle effects of credit squeeze on real economy
The European Commission has adopted, under EC Treaty state aid rules, a temporary framework providing Member States with additional possibilities to tackle the effects of the credit squeeze on the real economy. The Framework forms part of the measures announced by the Commission in its 26th November European Economic Recovery Plan (see IP/08/1771) and was approved in record time following consultation with Member States. Due to the drying up of the lending market, even healthy companies may not be able to get the finance they need. This may seriously endanger their business. The new framework therefore introduces a number of temporary measures to allow Member States to address the exceptional difficulties of companies to obtain finance. In particular, Member States will be able to grant without notification of individual cases subsidised loans, loan guarantees at a reduced premium, risk capital for SMEs and direct aids of up to €500,000. All measures are limited until the end of 2010 and subject to conditions. Based on Member States' reports, the Commission will evaluate whether the measures should be maintained beyond 2010, depending on whether the crisis continues.
...
In order to meet these objectives, Member States may grant, under certain conditions and until the end of 2010 e.g.:
    - a lump sum of aid up to €500,000 per company for the next two years, to relieve them from current difficulties
    state guarantees for loans at a reduced premium
    - subsidised loans, in particular for the production of green products (meeting environmental protection standards early or going beyond such standards)
    - risk capital aid up to € 2.5 million per SME per year (instead of the current €1.5 million) in cases where at least 30% (instead of the current 50%) of the investment cost comes from private investors.
...
The Framework is available on the Commission's Europa website at:
http://ec.europa.eu/competition/state_aid/legislation/horizontal.html'
[Posted 22.12.2008]
Chart 9 | 38219DerogationsNew Commission Regulation adopted on 7 July 2008:

Regulation 800/2008/EC declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption regulation), OJ 2008 L 214/3.
[Posted 2.4.2009]

C. Corrigenda

Note:
Question: How to tell a copy is a '1st edition 2007' or a 'Reprint 2008 edition'? Answer: If page 6 contains a 'NOTE ON THE REPRINT', then it is a 'Reprint 2008 edition'.

B.1 Corrections to both the 1st edition 2007 and the Reprint 2008 edition

ChartpageChart titleCorrigendum
Chart 2 | 3
39
Attempts to create European Communities in different fields
In the last box labelled '1953: Western European Union', the label:

     1953: Western European Union

should read:

     1948: Western European Union
[Posted 12.4.2009]
Chart 6 | 591Absence of direct effect: indirect effect and Member State liabilityIn the column labelled 'Indirect effect, consistent interpretation', in the first box starting with 'Duty of the national court to interpret the national law, ...', in the first bullet point starting with 'For EC law: ...', replace the case reference':

     Marshall (1986)
by:
     Marleasing (1990)

so as the first bullet point to read: 'For EC law: von Colson and Kamann (1984), Marleasing (1990), based on Arts. 10 and 249 EC.'
Chart 8 | 47162Services: scopeIn the box labelled 'Transport services, Art. 51(2) EC', the label:

     Transport services, Art. 51(2) EC

should read:

     Transport services, Art. 51(1) EC
Chart 11 | 6242The Cassis de Dijon principle and the need for harmonisation

Directive 98/552/EEC, mentioned in the final box of chart 11/6, has been amended in the year 2007, and this has led to a change in the title of the directive. According to Art. 1 of the amending Directive (Directive 2007/65/EC amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, OJ 2007 L 332/27), the title of the original directive is replaced by the following: ‚Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)’.

Accordingly, in the final box on Chart 11/6, the words in the brackets:

‚television without frontiers’

should be replaced by:

‚Audiovisual Media Services Directive’



Table of cases295Marleasing (1990)Add/insert new case reference:

Marleasing (1990)      Case C-106/89 Marleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECR I-4135


Table of Secondary EC law283Directive 89/552/EECThe entry:

Directive 89/552/EEC on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ 1989 L 298/23 (as amended)

should be replaced by:

Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)’, OJ 1989 L 298/23 (as amended notably by Directive 2007/65/EC)

B.2 Corrections to the 1st edition 2007 only

Note:   The errors listed below will be found in the '1st edition 2007' only. They were all rectified in the '2008 Reprint edition'.

ChartpageChart titleCorrigendum
Chart 5 | 481The consultation procedureThe comment to the step 'Adoption or rejection by the Council', first bullet:
  • Adoption usually requires unanimity; e.g. Arts. 13, 95 and 308 EC
should read:
  • Adoption usually requires unanimity; e.g. Arts. 13, 94 and 308 EC
Chart 7 | 15111Family rightsIn the box labelled 'Family rights under Directive 2004/38/EC', the line:
  • Formerly, though in a narrower framework, Arts. 11 and 12 of Regulation 1612/68/EEC
should read:
  • Formerly, though in a narrower framework, Arts. 10 and 11 of Regulation 1612/68/EEC
Chart 8 | 22137Result: MEEQRs covered by Art. 28 ECThe box labelled 'Indistincly applicable measures' should not only be connected to the box with the title 'Product Rules', but also to the box with the title 'Certain selling arrangements'.
Chart 9 | 17198Individual exemption under Art. 81(3) ECIn the box labelled 'Application in practice', the first line:

     Under Regulation 1/2203/EC, individual exemptions are based on self-assessment ...

should read:

     Under Regulation 1/2003/EC, individual exemptions are based on self-assessment ...
Chart 11 | 1237Integration techniques in the ECThe graphic part of the chart has been entirely misplaced. Download the file WC_ECcharts-11-Harmonisation_V30_revp11-1.pdf  and replace the full page 237 with the replacement chart  'rectified Chart 11|1'
Chart 12 | 4251Jurisdiction of the different levels of the Court of JusticeThe text of the box containing the lines:
  • Annulment or failure to act against the EP and/or the Council, or against the Commission or the EC
  • Enforcement
should read:
  • Annulment or failure to act against the EP and/or the Council, or against the Commission or the ECB
  • Enforcement

Table of cases287Avoir fiscalThe year indicated after the name of the case should be 1986 (rather than 1998). The indication in the full reference to the case is correct:

Avoir Fiscal (1986)      Case 270/83 Commission v France [1986] ECR 273