Nold v Commission
In protecting fundamental rights, the Court of Justice draws inspiration from the constitutional traditions of the Member States and from international human rights treaties.
Facts
Nold was a coal wholesaler in Germany. A Commission decision changed the rules for selling coal, so that only wholesalers who agreed to buy a minimum quantity each year could buy directly from the producers. Nold could not meet the minimum quantity, so it lost its status as a direct wholesaler. It argued that the decision breached its fundamental rights to property and to the free pursuit of business activity.
Legal principle
The Court of Justice held that the decision did not breach Nold's fundamental rights. It said that fundamental rights form an integral part of the general principles of law which it protects, and that, in safeguarding those rights, it is bound to draw inspiration from constitutional traditions common to the Member States, so that it cannot uphold measures incompatible with fundamental rights recognised by their constitutions. International treaties for the protection of human rights, on which Member States have collaborated or of which they are signatories, such as the European Convention on Human Rights, can also supply guidelines. However, these rights are subject to limitations justified by the general interest, and Nold had no right to protection of mere commercial interests or opportunities.
Related cases on general principles and fundamental rights
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Opinion 2/13 (Accession of the European Union to the European Convention on Human Rights) Opinion 2/13, EU:C:2014:2454
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