CASE LAW: CASE C-66/04, SMOKE FLAVORINGS; CASE C-436/03, SCE; & CASE C-217/04, ENISA


13 Colum. J. Eur. L. 147 (2006)


Kathleen Gutman.
PhD candidate, Institute for European Law, Katholieke Universiteit Leuven; LL.M., J.D., Duke University School of Law; M.A., Katholieke Universiteit Leuven.

 
Within the span of five months, the Grand Chamber of the European Court of Justice (ECJ or Court) delivered three groundbreaking judgments concerning the scope of Article 95 of the European Community Treaty (EC Treaty). These judgments address, for the very first time, the limits of “measures for the approximation” of the laws of the Member States pursuant to Article 95(1). This trio of judgments fundamentally contributes to the Court’s already “substantial body of case-law on Article 95. Although brief, these judgments establish crucial guidelines for the application of one of the most powerful provisions of the EC Treaty. At the same time, however, they raise questions that remain ripe for further development by the ECJ.