european-union legal-research
Germany Vs EU Parliament, Case C-233/94: summary of the case
<p>I am studying this case but I am only able to find the judgment of the court and the opinion of the general advocate. Where I can find a summary of the facts of the case?</p>

<p>The complaints made by Germany can be found beginning on <a href="http://curia.europa.eu/juris/showPdf.jsf;jsessionid=9ea7d0f130d6243b4edad2d74988838eb08691c3dcab.e34KaxiLc3eQc40LaxqMbN4PahuSe0?text=&amp;docid=99910&amp;pageIndex=0&amp;doclang=EN&amp;mode=req&amp;dir=&amp;occ=first&amp;part=1&amp;cid=915666" rel="nofollow noreferrer">page 8</a> of the full judgement.</p>

<p>In essence Germany is challenging an EU directive</p>

<p>The German Government considers that the first and third sentences of
Article 57(2) of the Treaty, which provide that the Council and the Parliament are
to issue directives for the coordination of the provisions laid down by law, regulation
or administrative action in Member States concerning the taking-up and pursuit
of activities as self-employed persons, cannot constitute the sole legal basis for
the Directive. It claims that it follows from the first, second, fourth, sixteenth and
seventeenth recitals in the preamble to the Directive that the Directive does not
merely regulate banking operations but aims primarily to increase protection for
depositors. Consequently, the Directive should also have been based on Article 235
of the Treaty. Since Article 57 is a special provision in relation to Article 100a, the latter provision is not applicable in the present case. Article 129a of the Treaty,
which specifically concerns the protection of consumers, which include depositors,
does not empower the Council to adopt, besides measures adopted pursuant to
Article 100a, measures falling within the scope of the legal acts provided for in
Article 189 of the Treaty.</p>
