The Principles of Interpretation Used by the European Court of Justice

Abstract

Historically it would have been legitimate to characterize the principal distinction between common law and civil law styles of interpretation in terms of the contrast between simple literalism and purposivism. Also historically, the matter was of largely academic interest. However, the reception of Community law into English law has meant that the civil law style of interpretation as practised by the Court of Justice is now of immediately practical importance to English lawyers. As Lord Denning mr said in Bulmer (H.P.) Ltd v. Bollinger S.A. [1974] 2 All ER 1226: ‘It is apparent that in very many cases the English courts will interpret the Treaty themselves … Beyond doubt the English courts must follow the same principles as the European court. Otherwise there would be differences between [the member states]’.