This Essay will mainly deal with the administrative jurisdiction, but to the extent that it is relevant, will also pay attention to civil suits as well, in a national context as in the Union. The Essay will describe the development of the case-law of the Court of Justice concerning the ex officio application of Community law, starting with the well-known van Schijndel & van Veen v. Stichting Pensioenfonds voor Fysiotherapeuten and Peterbroeck, Van Campenhout & Cie SCS v. Belgian State cases of December 14, 1995 and ending with the van der Weerd & Others v. Minister van Landbouw, Natuur en Voedselkwaliteit case of June 7, 2006. The latter case seems to contain, at least presently, the final conclusion of the relevant case-law. The van der Weerd judgment also deserves special attention because it has a rather peculiar background in Dutch administrative law. Part I of this Essay will briefly describe the van Schijndel and Peterbroeck cases; Part II will discuss cases which are based on the aims and interests of a rule of Community law, such as Eco Swiss China Time Ltd. v. Benetton International NV.; Part III will draw a number of interim conclusions in the form of a kind of "checklist"; Part IV will analyze the van der Weerd case, and after having raised in Part V a number of remaining questions I will draw some final conclusions. The main question in this Essay will be whether, with the judgment in the van der Weerd case, the development of the case-law in this particular field has been finally concluded.
Richard H. Lauwaars,
The Application of Community Law by National Courts Ex Officio,
31 Fordham Int'l L.J. 1161
Available at: http://ir.lawnet.fordham.edu/ilj/vol31/iss5/5