ABSTRACT
This chapter explores the case law of the European Court of Justice (ECJ) on the interpretation of Article 224. Article 224 is considered a safeguard clause, which allows member states to abstain from their EU obligations in the extraordinary situations of war, serious internal unrest or international difficulties. From the initial description of the text of Article 224 it becomes clear that it is a provision which, even when invoked correctly by a member state, can produce dramatic results in the functioning and development of the common market. The first time that Article 224 was ever invoked before the ECJ was in 1961 during proceedings initiated by the Commission under Article 169 against the Italian Republic. The belief of ECJ officials in the severely restricted application of Article 224 seemed to discourage both member states and individuals from using Article 224 in proceedings before the ECJ.
