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(3) Article 85 does not apply to solicitors, as they do
not trade.
(4) Many agreements will have to be examined in
detail before exemption is granted, and this may take
years.
Herr Dr. Arved Deringer a former Chairman of the
Legal Committee of the European Parliament then gave
a lecture on "The European Court—how a case comes
to court, is presented and decided". It was emphasised
that Community law was neither International law nor
National law, but a new category of law. The European
Community was an evolving political society where the
process of integration was transforming the nations
into one living Community. The basis of this Com-
munity or
Primary Law
consists of the Treaty of Rome,
and the Treaties establishing
Euratom
and the Coal
and Steel Community. Secondary Community Law
consists of all legal instruments (regulations, directives,
and decisions) produced by the Council of Ministers
and by the Commission. While most provisions affect
only member States there are some provisions such as
the Competition and anti-trust provisions as well as all
regulations which bind the citizens of those States
directly. The European Court has evolved the theory
of direct applicability to citizens, even though appar-
ently directed to States. It follows that, if any citizen
can deduce individual rights from these provisions,
these rights would have to be observed by national
Courts.
What might be termed Tertiary Law are the Con-
ventions between Member State arising out of Article
220 (such as reciprocal recognition of companies)
or even outside the Treaty (such as Conventions
about patents and about the European corporation).
As regards the conflict between Community Law and
National Law, it is important to note that any National
Law passed after accession of a Member State is invalid
if it conflicts with the Treaty of Rome.
It is emphasised that after the Council of Ministers
is the Commission which has to act as the highest
executive body within the Community and which
issues decisions in individual cases on the basis of Com-
munity Law. The main cases to be brought before the
European Court either by the Commission or by another
member State are the following :
(1) Against another member State for violation of
the Treaty. In this case Governments are usually re-
presented by their officials.
(2) Articles 173 to 176—by which complaints may
he made against the Council of Ministers or the Com-
mission either:
(a) to contest the validity of an act issued by them,
or
(b) against a regulation or decision directed to a
third party provided the complainant is affected
directly by it.
This ground is important, but technically hard to
prove.
(3) The reference of preliminary rulings as to validity
^ d interpretation under Article 177 to the European
Court, which is the only competent authority to decide
the issue. National Courts have no alternative but to
J^fer questions of interpretation of the Treaty to the
Court. In this event, it is for the lawyers of the national
c
°urts to formulate the referable questions.
(4) Apart from this, the Court deals with:
(a) Proceedings for non-contractural liability of the
Community, and
(b) Arbitration proceedings under Article 182.
In considering the question when a national lawyer
has to act within Community Law, it is to be stressed
that this will take place :
(1) Before the European Commission. Under
Article 85 — for instance — a lawyer may request
for a negative clearance or an exemption, or may try to
mitigate a fine. Remember that the position is complex,
as the lawyers of different nationalities in Brussels have
different traditions. You may have to talk for some
hours, first with the Director of the Section, then with
the Director-General, and finally with the Legal Sec-
tion ; this may well present difficulties if all these
officials are of different nationalities.
It follows that a reasonable knowledge of French and
of German systems of law is essential, as well as a
knowledge of comparative law and procedure. It is quite
an art which can only be gained by experience as to
how to draft the relevant questions. The same legal
terms have not the same meanings in all languages.
(2) The future European Court will have 11 (now
7) Judges as well as 3 (at present 2) Advocates General.
The function of this Advocate General is to give an
impartial assessment of the case to the Court. Lawyers
admitted to practise before their national Courts may
plead orally before the European Court even in their
own language, if it is an official language; this is nor-
mally the language of the plaintiff. All documents are
translated by the staff of the Court into the other
official languages. Today any lawyer not pleading in
French is at a disadvantage—but upon the accession of
Britain, Ireland, Norway and Denmark, English and
German will tend to displace French. It is to be noted
that there are very strict rules about time limits and
presentation of documents and these will not be ex-
tended. An appeal against a decision of the Commission
must be made within 2 months after the client is
notified of the decision, and in the notice of appeal,
all relevant legal arguments and facts must be stated
in detail. Within one further month, the defendant
must reply stating all relevant arguments and facts in
detail. The plaintiff has a further month to reply in
detail to defendant's arguments, and the defendant has
a month after that to reply to plaintiff's further argu-
ment after this. No further new arguments or facts may
be adduced. Within from 4 to 6 weeks later, an oral
hearing before the court will be arranged; within a
further 4 weeks, the Advocate-General will deliver his
plaidoyer
or opinion; and the Court will give its
final decision about four weeks after that. It will,
therefore, be appreciated that a heavy burden is thrown
on the lawyer, who has to act quickly to have his
documents in order. As the Judges come from various
nationalities, the Court will tend to base its decision
rather more in promoting the political aims of the
Community rather than on strict law. It is finally
essential for Irish lawyers to follow closely the legal
developments within the Community, and to become
acquainted with the legal system of the other Member
States.
In answer to questions, Dr. Deringer stated :
(1) The Treaty on the whole is being interpreted by
the Court in a Community spirit.
(2) The Court is not necessarily bound by its previous
decision.
(3) There are no fees payable to the Court—only to
your lawyer, and if you lose, to the lawyer representing
the Commission.
(4) Judgments are first drafted in French, but sub-
sequently submitted to the parties in their own lan-
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