Rule by judges - European court decisions

THE European Court of Justice is nothing if not prolific. 

Yesterday, it declared to be illegal a tax concession introduced by the Spanish government in a ruling which could be a setback for the Government’s appeal against the Apple tax decision.

In a case against Ireland, it also ruled yesterday that Ryanair and Aer Lingus had benefited from unlawful aid from the Government when it set air tax on short-haul flights at €8 lower per passenger than on longer flights.

In a third case, it said EU member states cannot force internet companies to keep email data on a “general and indiscriminate” basis as the British government sought to do in its fight against international terrorism. It ruled that only targeted retention aimed at fighting serious crime could justify serious interference by the state.

Tell that to the families of victims of terror in Berlin, Nice, Brussels, London, and elsewhere in the EU.

It is hard to avoid the conclusion that the ECJ has become a government by judges, overstepping its brief and its powers.