Friday, May 4, 2012

Germany v. Parliament and Council (deposit-guarantee schemes) case brief

Germany v. Parliament and Council (deposit-guarantee schemes)
-Germany claimed that Council and Parliament had failed to comply with TFEU 296 - no statement of reasons.  
ISSUE Should the States or the Community legislate on the deposit-guarantee scheme? HOLDING -Court held that directive complied with principle of subsidiarity. The Community should legislate.
RULES -Community showed that the aim of its action could best be achieved at Community level.
-In preamble, Parliament and Council stated that action taken by States in response to the commission’s recommendation has not fully achieved the desired result.  
-Legislature found that objective of its action could not be achieved sufficiently by States.

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