Traduction de «Unité du droit communautaire » (Français → Anglais) :

If national decisions entail that persons who derive rights from Community law in the relevant Member State have to operate under different conditions than competitors or (legal) persons in comparable circumstances elsewhere in the Community, that clearly impinges on the uniformity of Community law, undermines effectiveness and disregards the rights of citizens.

20. Expresses its satisfaction at the substantial reforms to the structure, operation and powers of the Court of Justice and the Court of First Instance which are intended to expedite the administration of justice in the Union and preserve the unity of Community law, thus consolidating the Union's judicial role;

In the Advocate General's view, the question raised by the referring court amounts to a determination as to whether Community law precludes a national administrative body from refusing a payment claim under Community law on the ground that that claim seeks to call in question a prior administrative decision which has become definitive even though that decision is founded on an interpretation of Community law invalidated by the Court in a subsequent preliminary ruling.

The Court of Justice was asked whether such a time-limit was compatible with Community law. It ruled in judgments of 1998 (Edis and others) that the Member States retain the right to resist actions for repayment of charges levied in breach of Community law by relying on a time-limit, even if the time-limit is less generous than the time-limit for actions between private individuals for the recovery of sums paid but not due, provided that it applies both to actions based on Community law and to actions based on national law and that it is not adopted specifically to block those claims for repayment after the charges in question have been ...[+++]held to be incompatible with Community law.

While it is true that the right of movement and residence of family members of Union citizens is not explicitly referred to by the Treaty, the right does flow from the right to preserve family unity which is intrinsically connected with the right to the protection of family life, a fundamental right forming part of the common constitutional traditions of the Member States which are protected by Community law and written into the Charter of Fundamental Rights.

However, the understanding is that the definition (lacking in legal precision) at present contained in Article 2 covers not only fishing vessels proper but also various other vessels used for the products referred to in Article 2(1) and in any event is not to be construed as amending the meaning of the term "fishing vessel" as used in current national and Community law".