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UK likely to win at EU court the Gibraltar border ‘excessive checks’ case

Thursday, August 15th 2013 - 03:20 UTC
Full article 17 comments

Britain is likely to win a case against Spain over the imposition of excessive border queues and could get an interim order to ease the controls from the European Court of Justice said Professor Damian Chalmers an expert in EU law at LSE and who is a Jean Monnet Chair and was editor of the European Law Review and EU Jurist. Read full article


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  • Clyde15

    I was watching a current BBC report from the Spanish frontier at Gibraltar The searches seem to be more draconian than ever.
    According to the Spanish, this is to prevent smuggling and other customs offences.
    It dawned on me that these restrictions are on vehicles LEAVING Spain. Surely anti-smuggling checks should be made on traffic coming INTO Spain? Have I missed something obvious here ?

    Aug 15th, 2013 - 08:52 am - Link - Report abuse 0
  • The Truth PaTroll

    That's what you get Spain for being a friend and/or ally of the UK.

    You lose your own territory's sovereignty on a court technicality!

    Aug 15th, 2013 - 08:55 am - Link - Report abuse 0
  • Clyde15

    Sorry, I can't understand what you are getting at. Your statement is liable to two interpretations

    Aug 15th, 2013 - 09:03 am - Link - Report abuse 0
  • andy65

    The Truth PaTroll, Oh dear it's of again

    Aug 15th, 2013 - 09:05 am - Link - Report abuse 0
  • The Truth PaTroll

    Well, does Spain have sovereignty over it's borders now yes or no?

    No, all because they signed treaties with the UK.

    What I have been saying for MONTHS AND MONTHS, the reason there will never be fishing, mining, cultural, deep sea agreements with the Falkland Islands and Argentina. Our sovereignty is not up for negotiation.

    Aug 15th, 2013 - 09:20 am - Link - Report abuse 0
  • andy65

    @The Truth PaTroll ,sad to see Spain sucking up to the botox queen for support after the thieving bitch stole a Spanish company not so long ago but I guess Spain have to due to no political support in Europe- BIRDS OF A THEATHER !!!

    Aug 15th, 2013 - 09:42 am - Link - Report abuse 0
  • ChrisR

    6 andy65

    Is that the Spanish lisp you have added there? :o)

    Aug 15th, 2013 - 10:33 am - Link - Report abuse 0
  • HansNiesund


    Try reading the article again. It's not about treaties Spain signed with the UK, it's about the treaties and agreements Spain signed up to on accession to the EU.

    Aug 15th, 2013 - 11:14 am - Link - Report abuse 0
  • Conqueror

    Until the dumb EU/ECJ assigns a spanish judge. Then the UK should object to the judge on the grounds of conflict of interest. Just as the UK should object to a spanish judge hearing any matter about environmental protection areas. Come to think of it, what would a spanish judge know about the law. The spanish “government” knows nothing about the law. How can any “judge” say that one state can have an “environmental protection area” inside another state's territory? Let's do the sensible thing and have a war. Argieland thought it could do anything it wanted and found that we took umbrage at little third-rate countries thinking that they could do what they liked with our territory and our people. Is spain ready for a similar lesson. Worth remembering that the spanish air force and navy are about half the size of the RAF and RN.

    And let's pay no attention to argie wankers. They don't have enough brain to be able to “think” about more than one thing at a time. “Treaties with the UK”? Try UNCLOS. 1982. Try the Convention on the Territorial Sea and Contiguous Zone in force from 10 September 1964. Dumb little argieland and equally dumb little spain must learn to comply with the law. Or big, bad Britain will come along and kick their useless arses. Just as we did in '82! After all, if they won't obey the law, why should we?

    Aug 15th, 2013 - 11:31 am - Link - Report abuse 0
  • Clyde15

    I think you missed the point, Spain is complaining about goods being smuggled INTO Spain from Gibraltar. Surely then the examinations should be made of cars LEAVING Gibraltar, not entering it !

    Aug 15th, 2013 - 12:27 pm - Link - Report abuse 0
  • Vestige

    #1 - yes.
    Its not unusual for a border to check both arriving and departing.
    Like in an airport.
    X-rays on the way to the departures gate.
    Drugs dogs on the way to the arrivals gate.

    Aug 15th, 2013 - 03:12 pm - Link - Report abuse 0
  • Troy Tempest


    “X-rays on the way to the departures gate. ”

    More silly nonsense from “Vegie”
    how many of these cars on the way to the “Departure Gate” are going to be hijacked?


    Aug 15th, 2013 - 10:28 pm - Link - Report abuse 0
  • Musky

    There is no doubt the UK will win and Spain will loose. Only pick a fight if you know you'll win. It is shoddy Spanish politicians diverting attention, willing to embarrass themselves and their country when they know full well the courts will slap them down.

    'Two men enter, one man leave” - Mad Max 3, 1985.

    Aug 16th, 2013 - 04:15 am - Link - Report abuse 0
  • Clyde15

    For your info. I was a Senior Officer in HM Customs and Excise for 40 years before I retired so I think my experience and knowledge in these matters out ranks your “knowledge”
    I will say it once more, the Spanish are COMPLAINING ABOUT SMUGGLING into Spain. To counter this, they are checking every vehicle and their passengers LEAVING Spain.
    Airport examinations on departure are for security purposes to prevent any weapons or explosives being carried aboard. Sniffer dogs may also be used for this purpose.
    On arrival,sniffer dogs are used to detect drugs, explosives or illegal substances. Passengers are given a choice as to walk though the red channel to declare goods or the green channel if they have nothing to declare. A proportion of the latter MAY be pulled over for examination. This can either be totally at random OR by profiling.
    To believe the Spanish are checking everyone because of smuggling is totally disingenuous. It is just spite in their long term grievance against Gib. If they said this at least I could respect their honesty.

    Aug 16th, 2013 - 05:49 am - Link - Report abuse 0
  • agent999

    A Spanish association of academics and jurists has lodged a formal complaint in a La Linea court alleging that nine Gibraltar Government ministers committed an environmental crime under Spanish law by ordering the creation of an artificial reef off the runway.

    Aug 16th, 2013 - 12:13 pm - Link - Report abuse 0
  • Clyde15

    As if we cared ! Spanish law? That allows bulls to be tormented and killed for fun and donkeys to be thrown from towers for amusement.
    Gib should set off a series of explosive charges to create a moat between itself and Spain and two finger them from the shore.
    No, wait a minute, global warming will do that for them as La Linea disappears under the waves.

    Aug 16th, 2013 - 03:59 pm - Link - Report abuse 0
  • Pete Bog

    “! Spanish law? That allows bulls to be tormented and killed for fun ”

    So glad when the Catalonians voted against bullfighting-I hope Cameron supports their wish for an independence vote.

    Aug 17th, 2013 - 04:31 pm - Link - Report abuse 0

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