§ Mr. Alun MichaelTo ask the Attorney-General if he will list all items of United Kingdom legislation which have been or are being subjected to legal challenge in the European Court(a) on the grounds of an alleged conflict with article 30 of the treaty of Rome, (b) on the grounds of an alleged conflict with another article of the treaty or (c) on some other grounds, together with the date on which each challenge was instituted and the date of the court decision.
The Attorney-GeneralThe following cases in which items of United Kingdom legislation are in issue are currently before the European Court of Justice, having been referred pursuant to article 169, 178, 215 or 177 of the treaty:
Cases C279/89, C30/90 (Article 169).
Case C55/90 (Article 178 and 215).
Cases C169/91, C304/90, C191/90, C306/88, C232/88, C370/90, C251/90, C271/91, C64/9I, C63/91, C9/91, C243/90.
Details of these cases are set out in the annex.
Summaries of cases concerning the United Kingdom in which the court has already delivered judgment are contained in the six monthly White Paper on Developments in the European Community, copies of which are available in the Library of the House.
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Name of case ECJ number of case Item of United Kingdom legislation Item of Community legislation Date referred to ECJ 3 R v. Secretary of State for Social Security ex parte Smithson C243/90 Housing Benefit (General) Regulation 1987 Directive 79/7 26 June 1990 1 alleged conflict with article 30. 2alleged conflict with another article of the treaty 3 some other grounds