González y Díez, SA v Commission of the European Communities (T-25/04)

Judgment of 12 Sept 2007

law://eu/cjeu/2004/t-25-04/para_37@2026-11-13

37The provisions of the EC Treaty applicable to goods falling within the scope of the ECSC Treaty cannot be applied retroactively to earlier situations on expiry of that latter treaty. The applicant claims that the application of legal provisions to situations arising prior to their entry into force would be incompatible with the principle of legal certainty (Case C-368/89 Crispoltoni [1991] ECR I-3695, paragraph 17; Case C-34/92 GruSa Fleisch [1993] ECR I-4147, paragraph 22; Opinion of Advocate General Léger in Case C-223/95 Moksel [1997] ECR I-2379, points 40 to 42). In support of that submission, the applicant also refers to Article 28 of the Vienna Convention of 23 May 1969 on the Law of Treaties (United Nations Treaty Series, Volume 788, p. 354) which lays down the principle of non-retrocactivity of treaties. According to the applicant, if the Member States had intended to authorise the application of the EC Treaty to the coal industry in respect of situations prior to 24 July 2002, they would have made express provisions to that effect.

González y Díez, SA v Commission of the European Communities (T-25/04)

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