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Denmark / Supreme Court / 236/2014

A v Ministry of Transport

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
02/06/2016

Key facts of the case: 

The applicant filed a complaint to the Danish High Court as he argued that a Ministrial order requiring that the applicant label his letter box with his full name was against the legal rights enshrined in Article 7 and 8 of the Charter. The High Court ruled in favour of the Ministry of Transport which had issued the order stating that the requirement was not part of implementing EU law and thus, pursuant to Article 51 of the Charter, the Charter was not applicable. The applicant appealed the decision to the Supreme Court. Meanwhile, the applicant passed away and, thus, in the remainder of the case the Supreme Court only assessed whether the deceased applicant’s estate could intervene in the case and, therefore, did not address the subject matter concerning the Charter.

The High Court assessed the complaint with reference to case law from the European Court of Justice (ECJ), namely Fransson (C-617/10) and Siragusa (C-206/13). In accordance with these cases, the High Court found that in order for the Charter to apply, it is necessary that the subject matter relates to an area implementing EU law. It further referred to Siragusa (paragraph 24) in which ECJ stated ‘that the concept of ‘implementing Union law’, as referred to in Article 51 of the Charter, requires a certain degree of connection above and beyond the matters covered being closely related or one of those matters having an indirect impact on the other'.

Outcome of the case: 

The High Court ruled that the requirement to label letter boxes with full name was not covered by EU law and, therefore, the Charter was not applicable.