EU trade mark – Revocation proceedings – EU word mark INTESA – Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 – No genuine use of the trade mark Citations: T-143/16, [2017] EUECJ T-143/16 Links: Bailii Jurisdiction: European Intellectual Property Updated: 21 January 2023; Ref: scu.597510
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11243/17, [2022] ECHR 991 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.682591
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea. Held: The fact that the sea conditions were within the range of what might be expected did not mean that the court must conclude … Continue reading Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 43534/19, [2021] ECHR 202 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.661990
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning … Continue reading Aquapri (Environment – Assessment of A Project Likely To Affect A Protected Site – Judgment): ECJ 10 Nov 2022
E J Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-293/97, [2001] EUECJ T-293/97 Links: Bailii Jurisdiction: European … Continue reading Kaufring v Commission T-293/97 (Customs Union): ECJ 10 May 2001
ECJ Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-191/97, [2001] EUECJ T-191/97 Links: Bailii Jurisdiction: European Customs … Continue reading Kaufring v Commission T-191/97 (Customs Union): ECJ 10 May 2001
ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1698/2005 – Article 40 – National rural development programme 2007-2013 – Animal welfare payments – Calculation errors – Reductions in payments by the national authorities – Principle of the protection of legitimate expectations … Continue reading Avicarvil Farms (Common Agricultural Policy – Calculation Errors – Animal Welfare Payments – Judgment): ECJ 17 Nov 2022
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 43125/17, [2022] ECHR 957 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682602
ECJ Appeal – Competition – Cartels – Article 81(1) EC and Article 53(1) EEA – Legal effects of Commission guidelines – Appreciable effect on trade between Member States – Setting of fines – Effective judicial review – Right to fair legal process – Objective impartiality of the Commission – Principle of equal treatment and non-discrimination … Continue reading Ziegler Sa v European Commission: ECJ 13 Dec 2012
It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an excessive price, although there would be no … Continue reading Wiles v Maddison: 1943
ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Digital satellite television receivers and decoders with a recording function – Community Customs Code – Article 12(5)(a)(i) and (6) – Period of validity of a binding tariff information. Citations: C-288/09, [2011] EUECJ C-288/09 Links: Bailii Jurisdiction: European Customs and Excise Updated: 06 December 2022; … Continue reading British Sky Broadcasting Group (Common Customs Tariff): ECJ 14 Apr 2011
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 23593/14, [2022] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682626
The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 27182/16, [2022] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682343
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
Reference for a preliminary ruling – Telecommunications – Directive 2014/61/EU – Article 3 – Power of the national regulatory authority to impose conditions relating to access to physical infrastructure on an operator not having significant market power – Absence of a dispute relating to access – Article 1(3) – Minimum harmonisation Citations: C-243/21, [2022] EUECJ … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions – Opinion): ECJ 9 Jun 2022
ECJ Article 81(1) EC – Competition – Selective distribution – General and absolute ban on selling cosmetics and personal care products to end-users via the internet – Restriction of competition by object – Regulation (EC) No 2790/1999 – Article 4(c) – Restriction of active and passive sales – Hardcore restriction – Individual exemption – Article … Continue reading Pierre Fabre Dermo-Cosmetique (Competition): ECJ 3 Mar 2011
ECFI Community trade mark – Opposition proceedings – Application for the Community word mark ANN TAYLOR LOFT – Earlier national word mark LOFT – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009. Citations: T-385/09, [2011] EUECJ T-385/09 Links: Bailii Jurisdiction: European Intellectual Property Updated: 30 November 2022; … Continue reading Annco v OHMI-Freche And Fils (Ann Taylor Loft) (Intellectual Property): ECFI 17 Feb 2011
ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015
ECJ Judgment – Reference for a preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 – Article 27 – Annex VI, section R, point 1(a) and (b) – Concept of pensions payable under the legislation of two or more Member States – Benefits in kind – Retroactive award of a pension … Continue reading Raad van bestuur van de Sociale verzekeringsbank v Fischer-Lintjens: ECJ 4 Jun 2015
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
Judgment – Public service – Staff of the EEAS – Officials – Promotion – Articles 43 and 45, paragraph 1, of the Statute – Consideration of comparative merits of all the officials eligible for promotion – Officials offered by the services of the EEAS staff and not offered – Inclusion staff reports – Likes exclusively … Continue reading Gross v EEAS: ECJ 3 Jun 2015
State aid – Netherlands law prohibiting the use of coal for the production of electricity – Early closure of a coal-fired power station – Grant of compensation – Decision not to raise objections – Decision declaring the compensation compatible with the internal market – Lack of express qualification of ‘State aid’ – Action for annulment … Continue reading Netherlands v Commission (State Aid – Netherlands Law Prohibiting The Use of Coal for Electricity Generation – Early Closure of A Coal-Fired Power Station – Award of Compensation): ECFI 16 Nov 2022
In the light of the judgment of Flaux LJ in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 and subsequent decisions of the Upper Tribunal and Administrative Court, a tribunal deciding a protection or human rights appeal, which concerns alleged trafficking within the scope of the Council of Europe … Continue reading DC (Trafficking, Protection/Human Rights Appeals : Albania): UTIAC 3 Sep 2019
A Pakistani mother, with two young children, who was to be deported after separating from her husband, a British citizen of Pakistani origin. Contact between father and children would thereby be broken. Held: ‘There was no prospect of the father actually caring for the children. The children would travel with their mother if she were … Continue reading NG (Pakistan) v Secretary of State for the Home Department: CA 4 Dec 2007
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – Excise duties -Directive 2008/118/EC – Article 1(2) – Liquid fuel subject to excise duty – Sales tax – Concept of ‘specific purpose’ – Predetermined allocation – Organisation of public transport within the territory of a city Judges: M Ilesic P Citations: C-553/13, [2015] … Continue reading Tallinna Ettevotlusamet v Statoil Fuel and Retail: ECJ 5 Mar 2015
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law. The … Continue reading Frette v France: ECHR 2002
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods. Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Obstacles to trade resulting from disparities between national legislation laying down … Continue reading Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment): ECJ 24 Nov 1993
(Rec 2000,p I-1129) Judgment) Action for failure to fulfil obligations – Directive 92/12/EEC – Specific tax levied on beverages with a high alcohol contentThe Court summarised the difference between VAT and excise as being that the former is levied on price, ‘whereas excise duty is primarily calculated on the volume of the product’. Article 3(2) … Continue reading Commission v France C-434/97: ECJ 24 Feb 2000
SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018
Claimant cargo owners sought to have decided in England, their dispute with the respondent. The respondent was domiciled in a country signatory to the Convention, and had offices here. Held: To establish jurisdiction for the English courts, the claimant had to show that there was a sufficient connection to say properly that the loss arose … Continue reading Anton Durbeck GmbH v Den Norske Bank ASA: CA 3 Feb 2003
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions): ECJ 17 Nov 2022
Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 15(1), paragraph 2(g) and paragraph 3 – Services in the internal market – Fees for architects and engineers – Mandatory minimum tariffs – Direct effect of provisions of Union law and possible inapplicability of national regulations Citations: C-544/21, [2022] EUECJ … Continue reading Stadt Mainz (Judgment): ECJ 27 Oct 2022
The deceased had committed suicide whilst in prison. The judge had requested that prison should be told of the risk of self harm. The mother appealed refusal of the judge to grant a judicial review of the Home Secretary’s refusal to grant, as requested by the coroner. A public inquiry into the pre-sentence exercise, the … Continue reading Scholes v Secretary of State for the Home Department: CA 17 Oct 2006
ECHR Judgment : Article 2 of Protocol No. 4 – Freedom of movement-{general} : Fifth Section Committee Citations: 22271/14, [2018] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631231
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 53205/13, [2020] ECHR 143 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649699
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 43639/12, [2018] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631279
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Non-pecuniary damage – award : Third Section Committee Citations: 43301/07, [2018] ECHR 981, [2020] ECHR 640 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631283
ECHR Judgment : No Article 4 of Protocol No. 4 – Prohibition of collective expulsion of aliens-{general} : Third Section Citations: 24917/15, [2020] ECHR 243 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649716
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 43969/06, [2020] ECHR 228 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649711
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 17843/19, [2020] ECHR 129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649708
ECJ Opinion – Common organisation of the market in fruit and vegetables – Regulation (EC) No 2200/96 – Article 11 – Producer organisations – Conditions for recognition – Control over contractors Judges: Nils Wahl AG Citations: C-500/11, [2013] EUECJ C-500/11 Links: Bailii Statutes: Regulation (EC) No 2200/96 11 Jurisdiction: European Cited by: Opinion – Fruition … Continue reading Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 23 Apr 2013
ECJ Opinion – Common European Asylum System – Procedures for its judicial enforcement – Council Regulation No 343/2003 – Determination of the Member State responsible for the examination of an asylum application presented by a third country national – Article 3(2) – Rights of asylum seekers – Exceptional situations as defined in Joined Cases C-411/10 … Continue reading Bundesrepublik Deutschland v Kaveh Puid: ECJ 18 Apr 2013
Citations: 59552/08 – Chamber Judgment (French Text), [2013] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015 ECHR Article 7 Article 7-1 Heavier penalty Nullum crimen sine lege Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal … Continue reading Rohlena v The Czech Republic: ECHR 18 Apr 2013
ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of … Continue reading F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 Jan 2013
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013
ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013
The applicants were all either employees of or volunteers for Greenpeace. They were charged with a number of offences relating to the boarding of a cargo ship. They were acquitted but the trial judge refused to award the applicants their costs in the criminal proceedings. They complained that the refusal to award them their costs … Continue reading Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009
ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013
ECJ Opinion – Access to environmental information held by or for public authorities – Scope of the exception in Article 2(2) of Directive 2003/4/EC – Whether public authorities adopting executive regulatory instruments act in a legislative capacity Judges: Sharpston AG Citations: C-515/11, [2013] EUECJ C-515/11 Links: Bailii Statutes: Directive 2003/4/EC European, Environment Updated: 14 November … Continue reading Deutsche Umwelthilfe Ev v Bundesrepublik Deutschland: ECJ 21 Mar 2013
ECJ Article 99 of the Rules of Procedure – Directive 2005/29/EC – National legislation laying down a general prohibition of offering for sale or selling goods at a loss Judges: M. Berger, P Citations: C-343/12, [2013] EUECJ C-343/12 Links: Bailii Statutes: Directive 2005/29/EC European, Commercial Updated: 14 November 2022; Ref: scu.471945
The claimants’ flights had been cancelled. In one case the passengers had been booked on an alternative flight which had been treated as a substitute for the original flight and the carriage had been performed under the original tickets. In the other, the passengers were booked on a flight operated by another airline and fresh … Continue reading Sturgeon and Others v Condor Flugdienst GmbH: ECJ 19 Nov 2009
Appeal – State aid – Article 106 (2) TFEU – Services of general economic interest (SGEI) – Framework of the European Union – Application to State aid in the form of public service compensation – Postal sector – Directive 97/67 / EC – Article 7 – Compensation for the net cost resulting from universal service … Continue reading Inpost Paczkomaty v Commission (Judgment): ECJ 17 Dec 2020
ECJ Taxation – VAT – Directive 2006/112/EC – Principle of fiscal neutrality – Right of deduction – Refusal – Article 203 – Entering of the VAT on the invoice – Chargeability – Existence of a taxable transaction – Identical determination in respect of the issuer of the invoice and its recipient – Necessity Citations: C-643/11, … Continue reading Lvk – 56 Eood v Direktor na Direktsia: ECJ 31 Jan 2013
UTIAC A decision to revoke or refuse to renew a grant of asylum under paragraph 339A of the Immigration Rules only relates to the individual’s status under the Qualification Directive (European refugee status) and not his status under the Refugee Convention; further, it can only apply to cases in which the asylum application was made … Continue reading Dang (Refugee – Query Revocation – Article 3) Vietnam: UTIAC 28 Jan 2013
ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010
ECJ Value-added tax – Directive 2006/112/EC – Article 135(1)(k), read in conjunction with Article 12(1) and (3) – Land which has not been built on – Building land – Definitions – Demolition work for the purposes of future construction – Exemption from VAT Judges: E. Jarasiunas, P Citations: C-543/11, [2013] EUECJ C-543/11 Links: Bailii Jurisdiction: … Continue reading Woningstichting Maasdriel v Staatssecretaris Van Financien: ECJ 17 Jan 2013
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark Dada and Co. kids – Earlier national word mark DADA – Relative ground for refusal – Absence of genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) … Continue reading Ifemy’s v OHMI – Dada and Co Kids (Dada and Co. Kids) (Intellectual Property): ECFI 15 Mar 2011
Reference for a preliminary ruling – Transport – Regulation (EEC) No 3577/92 – Articles 1 and 4 – Regulation (EC) No 1370/2007 – Article 1 – Direct award of public service contracts – Public services for high-speed maritime passenger transport – Treatment like railway transport services provided by sea Citations: C-437/21, [2022] EUECJ C-437/21, ECLI:EU:C:2022:794 … Continue reading Liberty Lines (Judgment): ECJ 13 Oct 2022
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal … Continue reading Greenwich Polo Club v EUIPO – Lifestyle Equities (Greenwich Polo Club) (Judgment): ECFI 19 Oct 2022
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of … Continue reading HF v Generalstaatsanwaltschaft Munchen: ECJ 28 Oct 2022
Association arrangements for the overseas countries and territories – Regulation (EC) No 465/2000 – Imports of sugar and mixtures of sugar and cocoa – EC/OCT cumulation of origin – Safeguard measure – Application for annulment – Action for damages – Article 109 of the OCT Decision – Principle of proportionality – Misuse of powers Citations: … Continue reading Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-110/00: ECJ 14 Nov 2002
Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20 / EC – Article 13 – Fee for the rights of use of radio frequencies – National sectoral regulation subjecting the reservation of the public radio domain to a tax – National regulation subjecting the constitution from administrative concessions on property … Continue reading Vodafone Espana (Judgment): ECJ 6 Oct 2020
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 76344/12, [2022] ECHR 824 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681643
ECJ Civil service – Contract staff – Remuneration – Expatriation allowance – Conditions laid down in Article 4 of Annex VII – Habitual residence before the inauguration. Citations: 28/10, [2011] EUECJ 28/10 Links: Bailii Jurisdiction: European Employment Updated: 09 November 2022; Ref: scu.430716
ECJ Failure of a Member State to fulfil obligations – Internal market in electricity – Directive 2003/54/EC – Priority Access – Non-discriminatory access to transmission and distribution systems – Investment contract concluded prior to accession to the European Union – Energy Charter Treaty – Bilateral Investment Protection Agreement -Article 307 EC – Fair and equitable … Continue reading Commission v Slovakia (Energy): ECJ 15 Mar 2011
Reference for a preliminary ruling – Structural funds – Regulation (EC) No 1083/2006 – Articles 98, 57 and 2(7) – European Regional Development Fund (ERDF) – Obligation to make financial corrections in connection with irregularities – Durability of operations – Meaning of an ‘irregularity’- Act or omission by an economic operator – Insolvency of the … Continue reading Elme Messer Metalurgs (Structural Funds – Obligation To Make Financial Corrections – Opinion): ECJ 23 Apr 2020
Reference for a preliminary ruling – Trade mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by the trade mark – Bottles containing carbon dioxide – Putting into circulation in a Member State by the proprietor of the trade mark – Activity … Continue reading Soda-Club (CO2) and Sodastream International (Judgment): ECJ 27 Oct 2022
ECJ Agriculture – Regulation (EEC) No 1443/82 – Article 3(4) – Application of the quota system in the sugar sector – Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises – Whether that surplus is to be taken into account … Continue reading Pfeifer and Langen Kg v Hauptzollamt Aachen: ECJ 15 Nov 2012
ECJ Community customs code – Article 220(2)(b) – Post-clearance recovery of import duties – Legitimate expectations – Impossibility of verifying the accuracy of a certificate of origin – Notion of ‘certificate based on an incorrect account of the facts provided by the exporter’ – Burden of proof – Scheme of generalised tariff preferences Citations: C-438/11, … Continue reading Lagura Vermogensverwaltung Gmbh v Hauptzollamt Hamburg-Hafen: ECJ 8 Nov 2012
ECJ Failure of a Member State to fulfil obligations – Articles 43 EC and 56 EC – Scheme under which prior authorisation is required for the acquisition of voting rights representing 20% or more of the share capital in certain ‘strategic public limited companies’ – Arrangements for ex post control of certain decisions taken by … Continue reading European Commission, v Hellenic Republic: ECJ 8 Nov 2012
ECJ Public service – Officials – Report of annual leave – Article 4 of Annex V of the Statute – Reasons due to exigencies of service – Article 73 of the Statute – Directive 2003/88/EC – Right to paid annual leave – Leave disease. Citations: 120/07, [2011] EUECJ 120/07 Links: Bailii Jurisdiction: European Employment Updated: … Continue reading Strack v Commission (Staff Regulations): ECJ 15 Mar 2011
ECJ Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at … Continue reading Pelati v Republika Slovenija: ECJ 18 Oct 2012
ECJ Admissibility of the reference for a preliminary ruling – ‘Court or tribunal of a Member State’ within the meaning of Article 267 TFEU – Directive 2000/43/EC – Principle of equal treatment of persons irrespective of racial or ethnic origin – Indirect discrimination – Districts inhabited primarily by people belonging to the Roma community – … Continue reading Valeri Hariev Belov: ECJ 20 Sep 2012
ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Article 5(3) – Management independence – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to an infrastructure manager – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of … Continue reading European Commission v Portuguese Republic: ECJ 6 Sep 2012
ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) of, and Annex II to, Directive 91/440 – Article 14(2) of Directive 2001/14 – Infrastructure manager – Organisational and decision-making independence – Holding company structure … Continue reading European Commission v Republic of Austria: ECJ 6 Sep 2012
ECJ VAT – Sixth Directive – Articles 17(2) and 19 – Deductions – VAT due or paid for services acquired by a holding company – Services having a direct, immediate and unequivocal relationship with taxable output transactions Judges: Lohmus P Citations: C-496/11, [2012] EUECJ C-496/11 Links: Bailii European, VAT Updated: 05 November 2022; Ref: scu.464437
ECJ Opinion – Judicial cooperation in civil or commercial matters – Taking of evidence – Regulation (EC) No 1206/2001 – Article 1 – Substantive scope – Article 17 – Direct taking of evidence by the requesting court – Designation of an expert and the assignment to him, by a court of one Member State, of … Continue reading Prorail NV v Xpedys NV etc: ECJ 6 Sep 2012
ECJ Opinion – Competition – Article 81 EC – Appreciable effect on competition – Assessment of whether restrictions of competition ‘by object’ are appreciable – Commission de minimis notice – Market share thresholds of the de minimis notice not attained – Power of national competition authorities nevertheless to apply Article 81 EC and to impose … Continue reading Expedia Inc: ECJ 6 Sep 2012
ECJ Opinion – Temporal applicability of Article 260(2) TFEU – Admissibility of the action – Judgment of the Court establishing a failure to fulfil obligations – Failure to comply with the judgment – Financial penalty Judges: Mazak AG Citations: C-610/10, [2012] EUECJ C-610/10 Links: Bailii European Updated: 05 November 2022; Ref: scu.464431
The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He relied on article 6 because the Ukrainian courts had wrongly failed on procedural grounds to consider the merits of his complaints. Held: The … Continue reading Shapovalov v Ukraine: ECHR 31 Jul 2012
Grand Chamber – Mr Nada alleged that the ban on entering or transiting through Switzerland, which had been imposed on him as a result of the addition of his name to the list annexed to the FederalTaliban Ordinance, had breached his right to liberty (Article 5 of the Convention) and his right to respect for … Continue reading Nada v Switzerland: ECHR 12 Sep 2012
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Article 4a, paragraph 1 – Surrender procedures between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Compulsory execution – Penalty … Continue reading Generalstaatsanwaltschaft Hamburg (Judgment): ECJ 17 Dec 2020
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Orszagos Idegenrendeszeti Foigazgatosag Del-Alfoldi Regionalis Igazgatosag (Opinion): ECJ 23 Apr 2020
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Nelson Antunes Da Cunha (Judgment): ECJ 30 Apr 2020
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 7943/18, [2022] ECHR 858 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681739
