Nold v. Commission (Property Interest)
FACTS
Regulation intended to rationalize and modernize coal production and distribution required German national coal producer to sell only to wholesalers capable of entering into large 2 year supply contracts. P, unable to buy in such quantities, contended that regulation deprived him of ability to continue in business, violating his right to property and right to freely engage in a profession.
ANALYSIS P has property interest - look to treaties and member states.
Public Interest → Rights are not absolute.
*Rationale: better functioning of the union.
Mere commercial interests are entitled to less protection.
*Property rights give you something, balanced against public interest.
“Fundamental rights form an integral part of the general principles of law. In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to member states. It cannot uphold measures that are incompatible with
fundamental rights recognized and protected by the Constitution of those states.”
-These rights are less than absolute - subject to the limitations of the public interest.
The court states that the guarantees afforded to a particular undertaking can not be extended to protect more commercial interests/opportunities, the uncertainties of which are part of the very essence of economic activity.
-P should have acknowledged the economic changes brought by the recession and carried out the adaptations accordingly.
FACTS
Regulation intended to rationalize and modernize coal production and distribution required German national coal producer to sell only to wholesalers capable of entering into large 2 year supply contracts. P, unable to buy in such quantities, contended that regulation deprived him of ability to continue in business, violating his right to property and right to freely engage in a profession.
ANALYSIS P has property interest - look to treaties and member states.
Public Interest → Rights are not absolute.
*Rationale: better functioning of the union.
Mere commercial interests are entitled to less protection.
*Property rights give you something, balanced against public interest.
“Fundamental rights form an integral part of the general principles of law. In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to member states. It cannot uphold measures that are incompatible with
fundamental rights recognized and protected by the Constitution of those states.”
-These rights are less than absolute - subject to the limitations of the public interest.
The court states that the guarantees afforded to a particular undertaking can not be extended to protect more commercial interests/opportunities, the uncertainties of which are part of the very essence of economic activity.
-P should have acknowledged the economic changes brought by the recession and carried out the adaptations accordingly.
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