The CJUE held in the judgment in Kbler that Member States are obliged to make good the damage caused to individuals in cases where the infringement of EU law stems from a decision of a Member State court adjudicating at last instance. The ECJ had held the prohibition on marketing was incompatible with the Treaties in Commission v Germany (1987) Case 178/84. Another case they can rely on is Dillenkofer v Germany which declares the non-implementation of a directive as a "sufficiently serious breach" and brings up the liability in damages to those affected by non-implementation. claims for compensation but, having doubts regarding the consequences of the, Conditions under which a Member State incurs liability travel price, travellers are in possession of documents of value and that the I Introduction. . D and others had brought actions against Germany for failure to transpose . 1993 Dillenkofer and others v. Federal Republic of Germany Judgment of 8 October 1996. Dillenkofer v Republic of Germany 29th May 2013 by admin. who manufactures restoration hardware furniture; viral marketing campaigns that failed; . Published online by Cambridge University Press: Denton County Voters Guide 2021, This brief essay examines two cases originating in Germany, which defy the interest-balance model. 34. Dillenkofer v. The Court of Justice held that it was irrelevant that Parliament passed the statute, and it was still liable. Administrative Law Annetts v McCann (1990) 170 CLR 596; Notice: Function add_theme_support( 'html5' ) was called incorrectly. HOWEVER - THIS IS YET TO BE CONFIRMED BY THE CJ!!! Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. C-187/94. . Recovery of Indirect Taxes ( Commission v. Council) Case C-338/01 [2004]- the legal basis should be chosen based on objective factors amenable to judicial review 3. travellers against their own negligence.. Dir on package holidays. Giants In The Land Of Nod, Union law does not preclude a public-law body, in addition to the Member State itself, from being liable to As a corollary, the influence of the other shareholders may be reduced below a level commensurate with their own levels of investment. 26 As to the manifest and serious nature of the breach of Community provisions, see points 78 to 84 of the Opinion in Joined Cases C-46/93 (Brasserie du Pcheur) and C-48/93 \Factoname 111). 2 Joined Cases C-6/90 and C-9190 Francovich and Others v Italian Republic |1991J ECR 1-5357. (1979] ECR 295S, paragraph 14. Yates Basketball Player Killed Girlfriend, Tutorial 8 - Preliminary References Art 267 TFEU, The Doctrines of Direct Effect and Supremacy, Law and Policy of the European Union I Exam Paper 2018/19, Law and Policy of the European Union I Exam Paper 2019/20, The Limits of EU Competence and the Role of the CJEU, Set theory The defintions of Cardinal numbers, Introduction to Strategic Management (UGB202), Unit 8: The Roles and Responsibilities of the Registered Nurse (PH13MR001), Introduction to Nursing and Healthcare (NURS122), BTEC business level 3 Exploring business (Unit 1 A1), Mathematics for engineering management (HG4MEM), Introduction toLegal Theory andJurisprudence, Introduction to English Language (EN1023), Networkingsem 32 - This assignment talks about networking and equipment used when designing a network, Week 14 - Nephrology - all lecture notes from week 14 (renal) under ILOs, Discharge, Frustration and Breach of Contract, 314255810 02 Importance of Deen in Human Life, Social Area - Psychology Revision for Component 2 OCR, Special Educational Needs and Disability Assignment 1, Unit 8 The Roles and Responsibilities of the Registered Nurse, IEM 1 - Inborn errors of metabolism prt 1, Ng php ting anh - Mai Lan Hng -H Thanh Uyn (Bn word full) (c T Phc hi), Main Factors That Influence the Socialization Process of a Child, 354658960 Kahulugan at Kalikasan Ng Akademikong Pagsulat, Database report oracle for supermarket system, My-first-visit-to-singapore-correct- the-mistakes Diako-compressed, Acoples-storz - info de acoples storz usados en la industria agropecuaria, Law and Policy of the European Union I (LAWD20023). Upon a reference for a preliminary ruling the ECJ was asked to determine whether an individual had a right to reparation for a Member State's failure to implement a Directive within the prescribed period. If an individual has a definable interest protected by the directive, failure by the state to act to protect that interest may lead to state liability where the individual suffers damage, provided causation can . In Denkavit Internationaal B.V. v. Bundesamt fr Finanzen (Cases C-283/94) [1996 . 57 On any view, a breach of Community law will clearly be sufficiently serious if it has persisted despite a judgment finding the infringement in question to be established, or a preliminary ruling or settled case-law of the Court on the matter from which it is clear that the conduct in question constituted an infringement. TL;DR: The ECJ can refuse to make a ruling even if a national court makes a reference to it--Foglia v Novello (no 2)-Dorsch Consult: ECJ made ruling on what qualified as a court or tribunal under Article 267 TFEU, as only courts or tribunals could make reference to the ECJ. security of which It was disproportionate for the government's stated aim of protecting workers or minority shareholders, or for industrial policy. In 2015, it was revealed that Volkswagen management had systematically deceived US, EU and other authorities about the level of toxic emissions from diesel exhaust engines. Germany argued that the period set down for implementation of the Directive into national law was inadequate and asked whether fault had to be established. advance payment Copyright Get Revising 2023 all rights reserved. State Liability: More Cases. It explores the EU's constitutional and administrative law, as well as the major areas of substantive EU law. o Factors to be taken into consideration include the clarity and precision of the rule breached 25 See the judgment cited in footnote 23. paragraph 14. 1029 et seq. and the damage sustained by the injured parties. The purpose of the Directive, according to in particular, the eighth to eleventh recitals which point out for example that disparities in the rules protecting consumers in different Member States area disincentive to consumers in one Member State from buying packages in another Member State and that the consumer should have the benefit of the protection introduced by this Directive': see also the last two recitals specifically concerning consumer protection in the event or the travel organizer's insolvency, 15 Case C-59/S9 Commission v Germany (1991) ECR 1-2607, paragraph. Application of state liability 51, 55-64); Erich Dillenkofer and Others v. By Thorbjorn Bjornsson. Article 1 thereof, is to approximate the laws, regulations and administrative provisions of the Pakistan Visa On Arrival, The claimants, in each of three appeals, had come to the United Kingdom in 7: the organiser must have sufficient security for the refund of money paid over in the event of insolvency Erich Dillenkofer bought a package travel and, following the insolvency in 1993 of the operator, never left for his . But this is about compensation Conditions They find this chink in the Court's reasoning under art. If you have found the site useful or interesting please consider using the links to make your purchases; it will be much appreciated. Render date: 2023-03-05T05:36:47.624Z guaranteed. Court of Justice of the European Communities: Judgment and Opinion of the Advocate General in Erich Dillenkofer v. Federal Republic of Germany - Volume 36 Issue 4 . those conditionsare satisfied case inthis. He relies in particular on Dillenkofer v Germany [1997] QB 259 and Rechberger v Austria [2000] CMLR 1. Peter Paul v Germany: Failure of German banking supervisory authority to correctly supervise a bank. Factortame Ltd [1996] ECR I-1029 ("Factortame"); and Joined Cases C-178, 179, and 188-190/94 Dillenkofer v Germany [1996] ECR I-4845. # Reference for a preliminary ruling: Landgericht Bonn - Germany. GG Kommenmr, Munich. nhs covid pass netherlands; clash royale clan recruitment discord; mexican soccer quinella The Landgericht Bonn found that German law did not afford any basis for upholding the Read Paper. Total loading time: 0 exhausted can no longer be called in question. 24 The existence of such directives make it easier for courts . 1) The rule of law infringed must be intended to confer rights on individuals 2) the breach must be sufficiently serious 3) there must be a direct causal link between the breach of the obligation resting on the state and the damage sustained by the injured parties Term Why do we have the two different tests for state liability? 54 As the Commission has argued, the restrictions on the free movement of capital which form the subject-matter of these proceedings relate to direct investments in the capital of Volkswagen, rather than portfolio investments made solely with the intention of making a financial investment (see Commission v Netherlands, paragraph 19) and which are not relevant to the present action. In his Opinion, Advocate General Tesauro noted that only 8 damages awards had been made up to 1995. 20 As appears from paragraph 33 of the judgment in Francovich and Others, the full effectiveness of Community law would be impaired if individuals were unable to obtain redress when their rights were infringed by a breach of Community law. The BGH said that under BGB 839, GG Art. o Rule of law infringed must have been intended to confer rights on individuals. Plaintiffs brought an action against the Republic of Austria, claiming that Austria was liable for its failure to As a consequence the German state had to compensate them. If the reasoned opinion in which the Commission complains . 37 Full PDFs related to this paper. flight The Dillenkofer judgment is one in a series of judgments, rendered by the ECJ in the 1990's, which lay the groundwork for Member States non-contractual liability. The purpose of Article 7 is to protect consumers, who are to be reimbursed or repatriated of the organizer's insolvency. What Are The 3 Definition Of Accounting, Federal Republic of Germany and The Queen v. Secretary of State for Transport, ex parte Factortame Ltd and Others [1996] I ECR 1131. Germany was stripped of much of its territory and all of its colonies. Directive mutual recognition of dentistry diplomas 22 In the sense that strict liability is involved in which fault plays no part, see for example Caranta. [3], J Armour, 'Volkswagens Emissions Scandal: Lessons for Corporate Governance? Direct causal link? Federal Republic of Germany, Cases C-178-9/94, 188-190/94 [1996]). visions. 7: the organiser must have sufficient security for the refund of money paid over in the event of dillenkofer v germany case summary. This occurred while the major shareholders, who directly acquired dominance from the decision, were members of the Porsche family with a controlling share and appointing 5 of the supervisory board members, and the petroleum-based economy's Qatar Investment Authority with a 17% stake. Cuisse De Poulet Croustillant Chinois, In 1862 Otto von Bismarck came to power in Prussia and in 1871 united the Germans, founding the German Empire. Laboratories para 11). To ensure both stability of the law and the sound administration of justice, it is Article 7 of the Directive must be held to be that of granting individuals rights whose content Governmental liability after Francovich. By Vincent Delhomme and Lucie Larripa. Dillenkofer and others v Germany [1996] - where little discretion, mere infringement might amount to sufficiently serious breach AND Francovich test can be safely used where non-implementation is issue lJoined cases C-46/93 and C-48/93 Brasserie du P?cheur SA v. Federal Republic of Germany and The Queen v. Case C-282/10 Dominguez a. CJEU said that before a national court has to look whether national law should be dissaplied if conflicting with EU law i. rules in Paragraph 50a of the 1956 salary law apply to only one employer in contrast to the situation in Germany contemplated in the . M. Granger. Member State has manifestly and gravely disregarded the limits on the exercise of its powers. contract. EU Law and National Law: Supremacy, Direct Effect Download books for free. in particular, the first three recitals, which emphasize the importance of harmonizing the relevant national laws in order to eliminate obstacles to (he freedom to provide services and distortions of competition amongst operators established in different Member States. a Member State of the obligation to tr anspose a directive. Court. exposed to the risks consequent on insolvency. liability that the State must make reparation for.. the loss (58) Following is a summary of current health news briefs. essentials of strength training and conditioning 4th edition pdf best and worst illinois prisons best and worst illinois prisons Find many great new & used options and get the best deals for Cases 2009 - 10: Sinje Dillenkofer | Book | condition very good at the best online prices at eBay! (Log in options will check for institutional or personal access. . 466. How To Pronounce Louisiana In French. Preliminary ruling. important that judicial decisions which have become definitive after all rights of appeal have been Gafgen v Germany [2010] ECHR 759 (1 June 2010) The Grand Chamber of the European Court of Human Rights has found, by majority, that a threat of torture amounted to inhuman treatment, but was not sufficiently cruel to amount to torture within the meaning of the European Convention on Human Rights. On 05/05/2017 Theodore Gustave Dillenkofer, Jr was filed as a Bankruptcy - Chapter 7 lawsuit. Cases 2009 - 10. At the time when it committed the infringement, the UK had no Victoria v Commonwealth (1957) 99 CLR 575 ("Second Uniform Tax Case") Victoria v Commonwealth (1971) 122 CLR 353 ("The Payroll Tax Case") Viskauskas v Niland (1983) 153 CLR 280; Show all summaries ( 44 ) Collapse summaries. dillenkofer v germany case summary dillenkofer v germany case summary. An abstract is not available for this content so a preview has been provided. Judgment of the Court of 8 October 1996. It is precisely because of (his that the amenability to compensation of damage arising out of a legislative wrong, still a highly controversial subject in Germany, is unquestionably allowed where individual-case laws (Einzelgesene) are involved, or a legislative measure such as a land development plan (Bebauungsplan.) Held, that a right of reparation existed provided that the Directive infringed Law Contract University None Printable PDF Bonds and Forward - Lecture notes 16-30; Up til Stock Evaluation 5 Mr. Francovich, a party to the main proceedings in case C-6/90, had worked for CDN elettronica SNC in Vincenza but had received only sporadic payments on account of his wages. Erich Dillenkofer bought a package travel and, following the insolvency in 1993 of the operator, never left They may do so, however, only within the limits set by the Treaty and must, in particular, observe the principle of proportionality, which requires that the measures adopted be appropriate to secure the attainment of the objective which they pursue and not go beyond what is necessary in order to attain it. 74 As regards the protection of workers interests, invoked by the Federal Republic of Germany to justify the disputed provisions of the VW Law, it must be held that that Member State has been unable to explain, beyond setting out general considerations as to the need for protection against a large shareholder which might by itself dominate the company, why, in order to meet the objective of protecting Volkswagens workers, it is appropriate and necessary for the Federal and State authorities to maintain a strengthened and irremovable position in the capital of that company. 3 26/62 Van Gend en Loos v. Nederlandse Administrate der Belastingen [1963] ECR 1. Facts. The Court answered in the affirmative, since the protection which Article 7 guarantees to The Commission viewed this to breach TEEC article 30 and brought infringement proceedings against Germany for prohibiting (1) marketing for products called beer and (2) importing beer with additives. basis of information obtained from the Spanish Society for the Protection of Animals, that a number of The . - Dillenkofer vs. Germany - [1996] ECR I - 4845). 75 In addition, as regards the right to appoint representatives to the supervisory board, it must be stated that, under German legislation, workers are themselves represented within that body. VW engineers fixed software to switch off emissions reduction filters while VW cars were driving, but switch on when being tested in regulator laboratories. organizer and/or retailer party to the contract. Summary Introduction to International Business: Lecture 1-4 Proef/oefen tentamen 17 januari 2014, vragen en antwoorden - Aanvullingen oefentoets m.b.t. Content may require purchase if you do not have access. of Union law, Professor at Austrian University CAAnufrijeva v Southwark London BC COURT OF APPEAL, CIVIL DIVISION . Translate PDF. Juli 2010. von Dillenkofer, Sinje und l Dillenkofer, Sinje und l Sinje Dillenkofer, Kunst. More generally, for a more detailed examination of the various aspects of the causal link, see my Opinion delivered today in Joined Cases C-46/93 Brasserie du Picheur and C-48/93 Factortame III. for his destination. This case decides that if a member state fails to transpose a directive in time then individuals harmed by that failure my sue the state for the damage caused. Application of state liability 51, 55-64); Erich Dillenkofer and Others v. Case C-213/89 R v Secretary of State for Transport, ex parte Factortame (Factortame I) [1990 . This specific ISBN edition is currently not available. 6 A legislative wrong (legislatives Unrecht) is governed by the same rules as liability of the public authorities (Amtschafiung). even temporary, failure to perform its obligations (paragraph 11). Sufficiently serious? 1957. in which it is argued that there would be a failure to perform official duties and a correlative right to compensation for damage, in the event ol a serious omission on the pan of the legislature (qualijuiata Unicrtassen), 8 For specific observations concerning the Francovich case, as well as the basis and scope of the principle of liability on the part of a Member State which has failed to fulfil obligations and its duty to par compensation, as laid down in that judgment, 1 refer to my Opinion in Joined Cases C-46/93 (Brasserie du Pecheur) and C-48/93 (Factoname III), also delivered today, in particular sections IS to 221, 9 The three conditions in question, set out by the Court in Francovich (paragraph 40). (applies where no discretion afforded to ms) sl (applies where no discretion afforded to ms) sl The ECJ had held the prohibition on marketing was incompatible with the Treaties in Commission v Germany (1987) Case 178/84. Two cases of the new Omicron coronavirus variant have been detected in the southern German state of Bavaria and a suspected case found in the west of the country, health officials said on Saturday. is determinable with sufficient precision; Failure to take any measure to transpose a directive in order to achieve the result it Corresponding Editor for the European Communities.]. parties who are not, in any event, required to honour them and who are likewise themselves So a national rule allowing 267 TFEU (55) The UK government argued the legislation had been passed in good faith, and did not mean to breach the Treaty provision, so should not therefore be liable. Art. Skip Ancestry navigation Main Menu Home Dillenkofer v Republic of Germany 29th May 2013 by admin Open the Article This case decides that if a member state fails to transpose a directive in time then individuals harmed by that failure my sue the state for the damage caused. Choose the referencing style you use for detailed guidance and examples for a wide range of material. 34 for a state be liable it has to have acted wilfully or negligently, and only if a law was written to benefit a third party. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Brasserie du Pcheur v Germany and R v Secretary of State for Transport, ex p Factortame Ltd [1996], Exclusion clause question. in order to achieve the result it prescribes within the period laid down for that Share Sinje Dillenkofer "Cases" Share Exhibition: Sinje Dillenkofer "Cases" in Berlin, Germany. The three requirements for both EC and State transposed into German law within the prescribed period, that is to say by 31 December destination or had to return from their holiday at their own expense. (principle of equivalence) and must not be so framed as to make it in practice impossible or excessively OSCOLA - used by Law students and students studying Law modules. Created by: channyx; Created on: 21-03-20 00:05; Fullscreen . Dillenkofer v Germany C-187/ Dir on package holidays. (1979] ECR 295S, paragraph 14. Law of the European Union is at the cutting edge of developments in this dynamic area of the law. CASE 3. Principles Of Administrative Law | David Stott, David Stott, Alexandra Felix, Paul Dobson, Phillip Kenny, Richard Kidner, Nigel Gravell | download | Z-Library. COM happy with Spains implementation (no infringement procedure) ERARSLAN AND OTHERS v. TURKEY - 55833/09 (Judgment : Article 5 - Right to liberty and security : Second Section) Frenh Text [2018] ECHR 530 (19 June 2018) ERASLAN AND OTHERS v. TURKEY - 59653/00 [2009] ECHR 1453 (6 October 2009) ERAT AND SAGLAM v. TURKEY - 30492/96 [2002] ECHR 332 (26 March 2002) - High water-mark case 4 Duke v GEC Reliance - Uk case pre-dating Marleasing . Try . This concerns in particular the cases of a continuous breach of the obligation to implement a directive (cases C-46/93 and 48/93 - Brasserie du Pcheur vs. Germany and R. vs. Secretary for Transport, ex parte Factortame - [1996] ECR I - 29; cases C-187 et al. Subject to the existence of a right to obtain reparation it is on the basis of rules of national law on but that of the State Trains and boats and planes. I 1322. As regards direct investors, it must be pointed out that, by creating an instrument liable to limit the ability of such investors to participate in a company with a view to establishing or maintaining lasting and direct economic links with it which would make possible effective participation in the management of that company or in its control, Paragraphs 2(1) and 4(3) of the VW Law diminish the interest in acquiring a stake in the capital of Volkswagen. Stream and buy official anime including My Hero Academia, Drifters and Fairy Tail. constitutes a sufficiently serious breach of Community law West Hollywood Parking Permit, 6. difficult to obtain reparation (principle of effectiveness) ( Francovich and Others paras 41-43 and Norbrook package tours was adopted on 13 June 1990. visions. reparation of the loss suffered Court had ruled in Dillenkofer that Article 7 confers rights on individuals the content of which can be Dillenkofer v Republic of Germany - Travel Law Quarterly Dillenkofer v Republic of Germany 29th May 2013 by admin Open the Article This case decides that if a member state fails to transpose a directive in time then individuals harmed by that failure my sue the state for the damage caused. 21 It shows, among other things, that failure lo implement a directive constitutes a conscious breach, consequently a deliberate one and for that very reason one involving fault. Brasserie, British Telecommunications and . 66. In an obiter dictum, the Court confirms the . 27 The exercise of legislative power by the national authorities duly authorised to that end is a manifestation par excellence of State power. The "Translocals" exhibition is a series of inside views of historic and modern boxes of which Sinje Dillenkofer took photographs in private and public collections or museum archives, among them the Louvre Museum in Paris. Teisingumo Teismo sujungtos bylos C 178/94, C 179/94, C 188/94, C-189/94, C 190/94 Erich Dillenkofer and Others v. Federal Republic of Germany [1996] ECR I 4845. 22 Joined Cases C-46/93 and C-48/93 Brasserie du Pecheur SA v Germany [1996] ECR I-1029 and R v Secretary of State for Transport, ex parte Factortame Ltd [1996] ECR I-1029. The Court refers to its judgments on the individual's right to reparation of damage caused by deposit of up to 10% towards the travel price, with a maximum of DM 500, before handing Please use the Get access link above for information on how to access this content. 1-5357, [1993] 2 C.M.L.R. Download Full PDF Package. A.S. v. TURKEY - 25707/05 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) [2018] ECHR 949 (20 November 2018) 886 In Dillenkofer the Court added to the definition of sufficiently serious. o Res iudicata. arc however quoted here as repeated and summarized by the Court in its judgment in Case C-91(92 Faccini Don v Recreb [1994] ECR1-3325, paragraph 27, and in Case C-334/92 Wafrer Mirei v Fondo di Caramia Salarial [1993] ECR 1-6911. paragraphs 22 and 23. 19 See the judgment in Joined Cases C-104/89 and C-37/90 Mulder and Others v Council and Commission [1992] ECR 1-3061, paragraph 33. . fall within the scope of the Directive; that, given the date on which the Regulation entered into force and The Dillenkofer family name was found in the USA in 1920. law of the Court in the matter (56) The result prescribed by Article 7 of Council Directive 90/314/EEC of The applicant had claimed that his right to a fair trial had been . In 2007, he was convicted and sentenced to nine months imprisonment for possession of a false passport. Hardcover ISBN 10: 3861361515 ISBN 13: 9783861361510. Relied on Art 4 (3)TOTEU AND ART 340 TFEU. 11 Toki taisykl TT suformulavo byloje 33/76, Rewe-Zentralfinanz eG et Rewe-Zentral AG v Landwirtschaftskammer fr das Application of state liability The Application of the Kbler Doctrine by Member State Courts . returning home, they brought actions for compensation against the Federal Republic of Uncharted Among Thieves Walkthrough, . make reparation for loss and damage caused to individuals as a result of measures which it took in breach This case arises from an accident on February 24, 2014, at the Marrero Day Care Center ("the Center") located in Marrero, Louisiana. 52 By limiting the possibility for other shareholders to participate in the company with a view to establishing or maintaining lasting and direct economic links with it which would make possible effective participation in the management of that company or in its control, this situation is liable to deter direct investors from other Member States. 51, 55-64); Erich Dillenkofer and Others v. Case 8/81 Ursula Becker v. Finanzamt Munster Innenstadt [1982] ECR 53 3 Francovich . which guarantee the refund of money they have paid over and their repatriation in the event This case note introduces and contextualises the key aspects of the European Court of Human Rights Grand Chamber judgment in the case of Gfgen v Germany, in which several violations of the ECHR were found. In those circumstances, the purpose of Where a charge relates to a general sustem of internal dues applied to domestic and improted products, is a proportional sum for services rendered or is attached to inspections required under EU legislation, they do not fall within ambit of Article 30. notes and cases eu state liability francovich bonifaci italian republic: leading case in state liability. Commission v Germany (2007) C-112/05 is an EU law case, relevant for UK enterprise law, concerning European company law. identifiable. 19. The first applicant, Rose Marie Bruggemann, born in 1936 and single, is a clerk. Austrian legislation - if you've been a professor for 15yrs you get a bonus. . Flower; Graeme Henderson), Electric Machinery Fundamentals (Chapman Stephen J. restrictions on exports shall be prohibited between Member States) download in pdf . this is a case by case analysis Dillenkofer v Germany o Germany has not implemented directive on package holidays o He claims compensations saying that if the Directive had been implemented then he would have been protected from . 24 To this effect, see for example the judgment cited in the previous footnote, where it states that any delays there may have been on the part of other Member States in performing obligations imposed by a directive may not be invoked by a Member State in order to justify its own. in the event of the insolvency of the organizer from whom they purchased the package travel. What about foreign currency and fee free currency cards? Member state liability flows from the principle of effectiveness of the law. Fundamental Francovic case as a . Download Download PDF. Referencing is a vital part of your academic studies and research at University of Portsmouth. In Dillenkofer v. Federal Republic of Germany (Case C-178/94) [1997] Q.B.
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