Muñoz y Cia SA v Frumar Ltd
A regulation can be enforced by one private trader against another, through civil proceedings in a national court.
Facts
Muñoz, a Spanish producer of grapes, sold grapes in the United Kingdom. It discovered that Frumar, a competitor, was selling grapes in the United Kingdom with labels describing them as of a particular variety and quality, in breach of an EU regulation on quality standards for fruit and vegetables. Muñoz sued Frumar in the English courts for an injunction. The Court of Appeal referred to the Court of Justice the question whether a private trader could enforce the regulation against another trader.
Legal principle
The Court of Justice held that Muñoz could enforce the regulation in civil proceedings. It said that the full effectiveness of the rules on quality standards implies that it must be possible to enforce them by means of civil proceedings instituted by a trader against a competitor. The possibility of bringing such proceedings strengthens the practical working of the regulations, and complements the action of the national authorities responsible for enforcing them.
Related cases on direct effect of Treaty articles and regulations
- Angonese v Cassa di Risparmio di Bolzano SpA Case C-281/98, [2000] ECR I-4139
- Commission v Italy (Premiums for slaughtering cows) Case 39/72, [1973] ECR 101
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Defrenne v Sabena (No 2) Case 43/75, [1976] ECR 455
- Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825
- Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71, [1972] ECR 287
- Politi SAS v Ministry for Finance of the Italian Republic Case 43/71, [1971] ECR 1039
- Reyners v Belgium Case 2/74, [1974] ECR 631
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