Abstract
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.
Recommended Citation
Richard H. Lauwaars,
The Application of Community Law by National Courts Ex Officio,
31 Fordham Int'l L.J. 1161
(2007).
Available at: https://ir.lawnet.fordham.edu/ilj/vol31/iss5/5