HL Deb 04 May 1995 vol 563 c124WA
Lord Tebbit

asked Her Majesty's Government:

Further to the reply of Baroness Chalker of Wallasey of 3 April 1995 (H.L. Deb. col.5) to Lord Bruce of Donington that "a number of recent cases show that the European Court of Justice is now more sensitive to member states' anxieties", they will state which cases have been decided on the basis of sensitivity to the anxieties of litigants rather than the law of the European Union.

Baroness Chalker of Wallasey

The European Court of Justice is required by Article 164 of the Treaty of Rome to ensure that, in the interpretation and application of the treaties, the law is observed. We welcome the fact that, in fulfilling this function, the Court has shown itself to be increasingly aware of member states' legitimate concerns. This was clear, for example, in the recent World Trade Organisation/GATT opinion, and cases on Sunday trading, lotteries and trademarks.