He has this to say:
compensation for flight cancellations
in regulation textually speaking nothing similar is provided when delayed.
27 hour delay. Is that a cancellation? airlines were calling cancellations ”delays”
they look at preparatory work. they believe in contextualisation interpretation.
we look at it from the point of view of the passenger, we are there to protect the passenger. rational legislator
TUI case October 2012 – said delayed passenger was like the passenger of a cancelled flight
the court said this was needed as an interpretation consistent with a higher ruling
advocate general sharpston said the regulation was invalid
the court said no the legislator means something even if poorly expressed.
travaux preparatoire are more and more important
they used too be absent
the court v regularly uses travaux preparatoire
Lisbon treaty is interpreted on the basis of the works of the european convention for the future f Europe
Inuit Tapirit – the court will have to decide if regulatory acts which can be attacked by an action for annulment under article 263 TFEU
do regulatory acts include legislative acts?
crossing out of individual concerns
for regulatory acts – when of direct concern and call for no further implementing measures then it makes it admissiible for a private party to bring annulment proceedinfs
legislative acts adopted since Lisbon
some are v clear, precise and unconditional – cf van Gend en Loos.
they are applicable as such.
it is of direct concern if it impacts you individually or your commercial interests
legislator speaks through legislation but also through debates in parliament and elsewhere.
litigation pending at appeals level in Inuit Tapirit. This might be allowed even if not individually concerned as per Plaumann
the General Court has declared this action inadmissible – regulatory acts are of general scope and are not legislative acts within the meaning of article 289 of TFEU
this was based on travaux preparatoire in convention for the future of europe
distinctions made between laws and executive acts
TFEU 291 article
regulatory act – not legislative
Angela Merkel. Germany presidency 2007. political move was made to keep the constitution of treaty but stripping it of its rhetoric and appearance
laws and framework laws are too much in the image of a super state
article 365 treaty for the future of europe and article 263 of TFEU that provision remained unchanged
advocate of general relies on preparatory work
it was not the intention to soften or widen the access to court in favour of private parties against a legislative act
ordinary legislative procedure – the commission makes a proposal
in the third stage of the ordinary legislative procedure – the concilation committee
private international law instruments – quote schlosser report. published to reveal the context of the case
this has often been criticised its potential for activism.
EU is a means to reach goals.
TFEU and TEU state objectives
they are doing it order pluralism. Maria Mass Marti.
EU is an exercise in this. it is coherently bringing together member states legal traditions, interests through shared competences to reach objectives
there are objectives are on competence title – internal market, environment etc…
teleological interpretation is not an expression of judicial activism. It is textual interpretation
van Gend en Loos – the way the court proceeded it in conformity with article 31 Vienna Convention on the Law of Treaties. Text , context, teleos
national courts have the power to bring references for preliminary rulings
article 267 TFEU – they can bring references on preliminary ruling on acts of Union institutions
such a mechanism makes no sense if national courts cannot be confronted with these rules
parties litigating in national courts must be able to invoke these rights
context of the treaty as a whole
meta teleos – revealed through discrete expressions in the text. look at preamble. reveals the general system
teleological interpretation often reduces the scope of the law
sturgeon in TUI air travel was under inclusive. did not protect those held over 5 hours enough
ECJ said you cannot discriminate between the general principles.
the teleological interpretation broadened the law
competence of education – TFEU has it
that should be national and regional..
article 164 TFEU – it precisely states objectives that can be pursued by EU in education. objectives serve as a reductionist device. it is not just conferred as a competence to the union – states means that can be used
interpreting objectives serves as a limiting device not an expansive one
Brussels Convention case.
Brussels 1 regulation. case of Kalfelis. private international law on conflict of jurisdictions.
civil and commercial matters – which court has jurisdiction.
recognition and enforcement of judgments on civil and commercial matters
these rules need to be interpreted uniformly.