The President of the Court of Justice of the European Union


Koen Lenaerts

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


teleological interpretation

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..


lander autonomie

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.





About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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