Case C‐188/07, Commune De Mesquer V. Total France and Total International Ltd., Judgment of the Court (Grand Chamber) of 24 June 2008 [2008] Ecr I‐4501; Case C‐301/08, Irène Bogiatzi V. Deutscher Luftpool, Société Luxair, European Communities, Luxembourg, Foyer Assurances Sa, Judgment of the Court (Fourth Chamber) of 22 October 2009, Not Yet Reported

Posted: 29 Jun 2012

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: 2010

Abstract

After Mox Plant and Intertanko, the case of Commune de Mesquer, annotated here, confronted the European Court of Justice for the third time in two years with issues relating to the relationship between the International Law of the Sea and European law. However, the International Law of the Sea is but one example of a broader phenomenon: the consideration of international law as a standard of review or at least as a tool of interpretation appears to have become a fact of the ECJ’s life. In this case note, Commune de Mesquer will serve as starting point for a discussion on the binding force and status of international treaties concluded by the Member States.

Suggested Citation

Eckes, Christina, Case C‐188/07, Commune De Mesquer V. Total France and Total International Ltd., Judgment of the Court (Grand Chamber) of 24 June 2008 [2008] Ecr I‐4501; Case C‐301/08, Irène Bogiatzi V. Deutscher Luftpool, Société Luxair, European Communities, Luxembourg, Foyer Assurances Sa, Judgment of the Court (Fourth Chamber) of 22 October 2009, Not Yet Reported (2010). Common Market Law Review, Vol. 47, No. 3, pp. 899-915, 2010, Available at SSRN: https://ssrn.com/abstract=2092866

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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