Rome Treaty | Treaty establishing the European Community | Treaty establishing the European Economic Community | Treaty on the Functioning of the European Union | TFEU [Abbr.]

Treaty on the Functioning of the EU [ TFEU [acronym] Treaty on the Functioning of the European Union | EC Treaty(GEMET) ]

The first plea in law is based on the infringement by the defendant of Articles 107(1) and 296 TFEU since: (a) the aid measures 2, 3, 4 and 6 cannot be categorised as State aid under Article 107(1) TFEU and (b) even if some of the aid measures 2, 3, 4 and 6 could be categorised as constituting State aid under Article 107(1) TFEU, that aid is compatible with the internal market under Article 107(3) TFEU.

Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’, to affix a label thereto indicating the country of origin — to products made of leather obtained from working carried out in non-member countries and not already lawfully placed on the market in the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restrictio ...[+++]n prohibited under Article [34] TFEU and not justified by Article 36 of that Treaty?

Do Articles 34, 35, and 36 of the Treaty on the Functioning of the European Union, correctly construed, preclude the application of Article 3(2) of [Italian] Law No 8 of 14 January 2013 — under which it is compulsory, in the case of products obtained from working carried out in foreign countries but which use the Italian word ‘pelle’ [fine leather], to affix a label thereto indicating the country of origin — to products made of leather lawfully worked or placed on the market in other Member States of the European Union, since that law constitutes a measure having an effect equivalent to a quantitative restriction prohibited under Article ...[+++] [34] TFEU and not justified by Article 36 of that Treaty?

While the Court did not appear to question that Articles 290 and 291 TFEU each have their own scope, it recognised that the legislator has a margin of discretion when it decides to confer a delegated power on the Commission pursuant to Article 290(1) TFEU or an implementing power pursuant to Article 291(2) TFEU.