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J. Nold v. Commission of the European Communities

1974 ECR 491, 2 CMLR 338 (14 May 1974)

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J. Nold v. Commission of the European Communities

European Union Court of Justice
1974 ECR 491, 2 CMLR 338 (14 May 1974)

  • Written by Liz Nakamura, JD

Facts

J. Nold (plaintiff) was a German limited partnership in the wholesale coal and construction materials business. The Commission of the European Communities (Commission) issued a decision that authorized new business and trading terms for the coal-supply sector. The changes prompted by the Commission’s decision led to a recession in coal production. Nold petitioned the European Union Court of Justice (EUCJ) to overturn the Commission’s decision, arguing that (1) the decision introduced restrictions that jeopardized Nold’s business development and profitability; and (2) the restrictions violated Nold’s right to free pursuit of business activity, as protected by international treaties, the German Constitution, and the constitutions of other European Union (EU) Member States.

Rule of Law

Issue

Holding and Reasoning (Pescatore, J.)

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