A Commentary on Selected Opinions of Advocate General Jacobs

Abstract

... Francis Jacobs retired in December 2005, having been a member of the European Court of Justice ("ECJ" or the "Court") for seventeen years and the second-longest holder of the office of Advocate General. ... Although Jacobs' approach is highly persuasive and centered on a fundamental principle of market access, the judges of the Sixth Chamber of the ECJ rejected his de minimis test. ... Thus, in Alpine Investments, Jacobs concluded that the Dutch prohibition on "cold calling" was a non-discriminatory restriction within the meaning of Article 49. ... Almost two years after his appointment as Advocate General, Jacobs delivered his first Opinion on the so-called "inherent" conflict between national rights of trademark owners and the EC Treaty rules on the free movement of goods, in HAG II. ... Jacobs fully acknowledged the various solutions that the ECJ had already devised to counter the problems arising from the failure of Member States to implement a directive properly within the specified period. ... What do the above Opinions tell us about Francis Jacobs, who held the position of Advocate General for so long? It is submitted that they are the views of a jurist committed to an overriding objective of enhancing and protecting the rights of individuals within the Community legal order, in order to achieve various goals, including the establishment of an internal market. ...