(1) In determining whether the absence of adequate provision for the childcare of the child of a Union citizen may be a factor capable of discouraging that Union citizen from effectively exercising his or her free movement rights under Article 45 TFEU, the Tribunal will need to undertake a wide evaluative assessment of the particular … Continue reading LS (Article 45 TFEU – Derivative Rights): UTIAC 9 Oct 2018
ECJ 1 The references for a preliminary ruling concern the interpretation of Articles 63 and 65 TFEU concerning the difference in tax treatment between non-resident and resident collective investment undertakings for collective investment in securities (UCITS). 2 Since the abovementioned cases are related by reason of their subject-matter, it is appropriate, in accordance with Article … Continue reading FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012
(Opinion) Appeal – State aid – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Regulation (EC) No 659/1999 – Article 11 (1) – Suspension order – Possibility of challenging the suspension order – Interest in bringing proceedings despite having lapsed – Use by the Commission of its margin of appreciation … Continue reading Hungary v Commission C-456/18: ECJ 16 Jan 2020
ECJ Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 10 – Old-age benefits – Habitual residence in two different Member States – A survivor’s pension received in one of those States and a retirement . .
ECJ (Judgment) Failure of a Member State to fulfil obligations – Article 45 TFEU – Regulation (EU) No 492/2011 – Freedom of movement for workers – Access to employment – Local public service – Linguistic . .
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
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38 / EC – Right of residence for more than three months – Article 14 (4) (b) – Job seekers – Reasonable time to take note of job offers that may be suitable for … Continue reading G M A (Demandeur D’Emploi) (Judgment): ECJ 17 Dec 2020
ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EEC) No 1612/68 – Article 7(4) – Principle of non-discrimination – Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement – Cross-border workers subject to income tax in the Member State of residence – Notional … Continue reading Erny v Daimler AG: ECJ 28 Jun 2012
ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Civil servant of a Member State who has left the public service in order to be employed in another Member State – National legislation providing in that case for loss of the retirement pension rights acquired in … Continue reading Popperl v Land Nordrhein-Westfalen: ECJ 13 Jul 2016
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – Pensions – Exemption for low income amount – Discrimination between resident and non-resident taxpayers Judges: Mr Niilo Jaaskinen … Continue reading Commission v Estonia: ECJ 24 Nov 2011
ECJ (Judgment) Reference for a preliminary ruling – Social security for migrant workers – Article 45 TFEU – Article 3(1) of Regulation (EEC) No 1408/71 – Old-age benefits – Principle of non-discrimination – Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees – Consideration for … Continue reading Larcher v Deutsche Rentenversicherung Bayern Sud: ECJ 18 Dec 2014
ECJ Request for a preliminary ruling – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Article 45 TFEU – Directive 2000/78/EC – Difference in treatment on grounds of age – Determination of the reference date for the purposes of advancement on the salary … Continue reading Pohl (Judgment of The Court): ECJ 16 Jan 2014
(Opinion) Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Chapter 2 of Annex XII to the 2003 Act concerning the conditions of accession – Possibility of derogation by the United Kingdom from Article 7(2) of Regulation (EU) No 492/2011 and from Article 7(3) of Directive 2004/38/EC – … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 28 Feb 2018
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth Judges: A Tizzano (Rapporteur), P Citations: ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014
(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Obligation to register a vehicle owned by a person resident in Belgium and intended for use in Italy Citations: C-420/15, [2017] EUECJ C-420/15, ECLI:EU:C:2017:408 Links: Bailii Jurisdiction: European Road Traffic, Employment Updated: 26 March 2022; Ref: scu.584353
ECJ (Judgment) Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7 – Equal treatment – Frontier worker subject to income tax in the Member State of residence – Benefit paid by the Member State of employment in the event of the … Continue reading Eschenbrenner v Bundesagentur fur Arbeit: ECJ 2 Mar 2017
(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1, sub i) – Free movement of workers – Equal treatment – Social benefits – Directive 2004/38 / EC – Article 2, point 2 – Regulation (EU) No 492/2011 – Article 7, … Continue reading Caisse Pour L’Avenir Des Enfants (Enfant Du Conjoint D’Un Travailleur Frontalier) v FV: ECJ 2 Apr 2020
ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU and Article 48 TFEU – Charter of Fundamental Rights of the European Union – Article 15(2) – Regulation (EEC) No 1408/71 – Article 67(3) – Social security – Unemployment benefit to supplement income from part-time employment – Award of that benefit – Completion of … Continue reading Office national de l’emploi v M and M: ECJ 7 Apr 2016
Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Equal treatment of non-resident workers – Tax advantage consisting in the exemption of reimbursements paid by the employer – Advantage granted on a flat-rate basis – Workers from a Member State other than that of the place … Continue reading Sopora v Staatssecretaris van Financien: ECJ 24 Feb 2015
Order – Interventions First Advocate General Mengozzi [2010] EUECJ C-39/10, C-39/10 Bailii Cited by: See Also – Commission v Estonia ECJ 24-Nov-2011 ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation … Continue reading Commission v Estonia: ECJ 4 Jun 2010
ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident taxpayers J-C Bonichot, P [2012] EUECJ C-39/10, C-39/10 Bailii Citing: See Also – Commission v Estonia ECJ 4-Jun-2010 Order – Interventions … Continue reading Commission v Estonia: ECH 10 May 2012
ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7(1) – National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg – Restriction of freedom of movement for workers – Justifications – Overriding … Continue reading Zentralbetriebsrat Der Gemeinnutzigen Salzburger Landeskliniken Betriebs Gmbh v Land Salzburg: ECJ 5 Dec 2013
ECJ Advocate General’s Opinion – Freedom of movement for workers – Article 45 TFEU – Discrimination on grounds of nationality – Discrimination on grounds of sex – Directive 2004/38/EC – Article 7(1) and (3) – Definition of ‘worker’ – Right to reside – Union citizen who temporarily gave up work because of the constraints of … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 12 Dec 2013
References: [2012] EUECJ C-39/10, C-39/10 Links: Bailii Coram: J-C Bonichot, P ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident taxpayers This case cites: See Also – Commission -v- Estonia … Continue reading Commission v Estonia; ECH 10 May 2012
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ Citations: [2014] ScotCS CSIH – 38 Links: Bailii Statutes: Alcohol (Minimum Pricing) (Scotland) Act 2012 Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014
ECJ Citizenship of the Union – Freedom of movement for workers – Principle of equal treatment – Article 45(2) TFEU – Regulation (EEC) No 1612/68 – Article 7(2) – Directive 2004/38/EC – Article 24(1) and (2) – Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student … Continue reading LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013
The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens lawfully resident here. Currently, Zambrano carers who are in need and unable to work receive benefits … Continue reading Sanneh and Others v Secretary of State for Work and Pensions: CA 10 Feb 2015
The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of time, the limitation period being 2 years from the infringement decision. The … Continue reading BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012
ECJ Social security – Child benefit – Articles 14(1)(a) and 14a(1)(a) of Regulation (EEC) No 1408/71 – Temporary work in another Member State – Legislation applicable – Right of a Member State other than the competent State to grant child benefit Citations: C-611/10, [2012] EUECJ C-611/10, [2011] EUECJ C-611/10 Links: Bailii, Bailii Cited by: See … Continue reading Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 16 Feb 2012
Reference for a preliminary ruling – Free movement of workers – Article 45 (1) TFEU – Remuneration – Classification in the steps of a remuneration system – Remuneration system linking the benefit of higher remuneration to the length of service acquired with the same employer – Limitation of the taking into account of previous periods … Continue reading Land Niedersachsen (Periodes Anterieures D’Activite Pertinente) (Judgment): ECJ 23 Apr 2020
ECJ Second paragraph of Article 288 TFEU – Regulation (EC) No 1/2005- Protection of animals during transport – Transport by road of domestic animals of the porcine species – Minimum height of compartments – Inspection during a journey – Loading density – Right of Member States to adopt detailed standards Judges: Lenearts J Citations: C-316/10, … Continue reading Danske Svineproducenter v Justitsministeriet: ECJ 21 Dec 2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011
Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012
ECJ Opinion – Freedom of movement for workers – Articles 21 and 45 TFEU – National legislation – Reimbursement by a Member State of social security contributions to employers that recruit unemployed workers aged 45 and over who register with the competent authorities in that State – Restriction – Justification Judges: Sharpston AG Citations: C-379/11, … Continue reading Caves Krier Freres SArL v Directeur De L’Administration De L’Emploi: ECJ 27 Sep 2012
Reference for a preliminary ruling – Freedom of movement of persons – Articles 45 TFEU and 49 TFEU – Workers – Employment in the public service – Directive 2005/36/EC – Recognition of professional qualifications – Definition of ‘regulated profession’ – Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium) Citations: … Continue reading Brouillard (Judgment) : ECJ 6 Oct 2015
ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of movement for persons – Workers – Articles 45 TFEU and 48 TFEU – Old-age benefits – Difference of treatment on the ground of age – Civil servants from a Member State under the age of 45 who leave that Member State … Continue reading Commission v Cyprus: ECJ 21 Jan 2016
ECJ Citizenship of the Union – Articles 20 TFEU and 21 TFEU – Directive 2004/38/EC – Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children – Union citizens born in a Member State other than that of which they are nationals … Continue reading Alokpa and Moudoulou v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 10 Oct 2013
Appeal – Strengthening of restrictive measures against the Islamic Republic of Iran – Sector-specific measures – Admissibility – Commencement of the Joint Comprehensive Plan of Action in the course of proceedings before the General Court of the European Union – Effect on interest in bringing appeal proceedings – Effect on continuation of interest in bringing … Continue reading Bank Mellat v Council (Appeal – Strengthening of Restrictive Measures v The Islamic Republic of Iran – Opinion): ECJ 30 May 2018
ECJ (Judgment) Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of pension funds’ income – Difference in treatment of resident and non-resident pension funds – Resident pension funds subject to lump sum taxation on the basis of a notional yield – Withholding tax applied to dividends received … Continue reading Pensioenfonds Metaal En Techniek: ECJ 2 Jun 2016
ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013
(Judgment) Reference for a preliminary ruling – Article 20 TFEU – Citizenship of the European Union – Citizen of the Union who has never exercised his freedom of movement – Application for a residence permit from a member of his family, a national of a third country – Rejection – Union citizen’s obligation of sufficient … Continue reading Subdelegacion Del Gobierno En Toledo: ECJ 5 May 2022
ECJ (Judgment) Failure to fulfill obligations – Article 110 TFEU – Internal taxation – Discriminatory taxation – used motor vehicles imported from other Member States – Determination of taxable value – Depreciation Rates Citations: ECLI: EU: C: 2016 453, C-200/15, [2016] EUECJ C-200/15 Links: Bailii Jurisdiction: European Taxes – Other Updated: 20 May 2022; Ref: … Continue reading Commission v Portugal C-200/15: ECJ 16 Jun 2016
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom of movement – Possible difference in treatment compared with EU citizens who have exercised their right to freedom … Continue reading Dereci and Others (European Citizenship): ECJ 15 Nov 2011
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017
Some of the addressees of a Commission Decision had appealed, but they sought annulment of the Decision as against all its addressees. Held: ‘Principally, the applicants submit claims seeking annulment of the contested decision in its entirety and not in so far as it concerns them. However, a decision adopted in a competition matter with … Continue reading Galp Energia Espana SA v European Commission: ECJ 16 Sep 2013
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years … Continue reading Sosiaali- Ja Terveysalan Lupa- Ja Valvontavirasto (Formation Medicale De Base): ECJ 3 Mar 2022
Reference for a preliminary ruling – Taxation – Withholding tax on notional interest on an interest-free loan granted to a resident subsidiary by a non-resident parent company – Directive 2003/49/EC – Payments of interest between associated companies of different Member States – Article 1(1) – Exemption from withholding tax – Article 4(1)(d) – Exclusion of … Continue reading Viva Telecom Bulgaria (Taxation – Withholding Tax On Notional Interest On An Interest-Free Loan – Judgment): ECJ 24 Feb 2022
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions – Tax legislation – Corporation tax – Obligation for purchasers of services to draw up and send to the tax authorities supporting documents relating to the sums invoiced by service providers of services established in another Member State – … Continue reading Pharmacie Populaire – La Sauvegarde (Judgment): ECJ 24 Feb 2022
Non-Discrimination – Extradition To The United States of America – Judgment – Reference for a preliminary ruling – Citizenship of the Union – Articles 18 and 21 TFEU – Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement – Extradition agreement … Continue reading Pisciotti v Bundesrepublik Deutschland: ECJ 10 Apr 2018
Freedom of Establishment Freedom of Establishment Freedom To Provide Services Internal Market – Principles Freedom of Movement for Workers – Reference for a preliminary ruling – Freedom of establishment and freedom of movement for workers – Articles 45 and 49 TFEU – Mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine … Continue reading Simma Federspiel v Provincia Autonoma di Bolzano: ECJ 20 Dec 2017
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
ECJ (Judgment) Appeal – Access to documents of the institutions – Article 15 (3) TFEU – Regulation (EC) No 1049/2001 – Application for access to the pleadings lodged by the Republic of Austria in connection with the application Commission v Austria (C-189/09, unpublished, EU: C: 2010: 455) – Documents in the possession of the European … Continue reading Commission v Breyer: ECJ 18 Jul 2017
ECJ (Financial Aid – General Programme ‘Fundamental Rights and Justice’ – Action for Annulment : Judgment) Financial aid – General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 – Specific Programme ‘Civil Justice’ – Action for annulment – Enforceable decision – Article 299 TFEU – Powers of the author of the act – Principle … Continue reading ADR Center v Commission: ECFI 20 Jul 2017
ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest … Continue reading Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 Jun 2017
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 14(1)(a) and 14a(1)(a) – Articles 45 TFEU and 48 TFEU – Temporary work in a Member State other than that in which work is normally carried out – Family benefits – Applicable legislation – Possibility for child benefit to be granted by … Continue reading Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 12 Jun 2012
Freedom To Provide Services – Article 56 TFEU – Restriction on the freedom to provide services – Games of chance – Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level … Continue reading HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 12 Jul 2012
ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social … Continue reading Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016
ECJ (Judgment) Reference for a preliminary ruling – Articles 18 and 45 TFEU – Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 3 and 94 – Regulation (EC) No 859/2003 – Article 2(1) and (2) – Old-age and survivor’s insurance – Former seafarers who are nationals of a third country which … Continue reading Raad van bestuur van de Sociale verzekeringsbank v Wieland and Rothwangl: ECJ 27 Oct 2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement – Conditions for participating in a call for tenders and assessment of economic and financial standing – Exclusion of the tenderer for not … Continue reading Politano C-225/15: ECJ 8 Sep 2016
EJ (Judgment) Appeal – Common foreign and security policy (CFSP) – Decision 2009/906/CFSP – European Union Police Mission (EUPM) in Bosnia and Herzegovina – National staff member on secondment – Redeployment in a regional office of that mission – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 … Continue reading H v Council And Others: ECJ 19 Jul 2016
ECJ (Judgment) Reference for a preliminary ruling – Public contracts and freedom of establishment – Article 49 TFEU – Directive 2006/123/EC – Article 12 – Concessions of State-owned maritime, lakeside and waterway property of an economic interest – Automatic extension – Lack of tender procedure ECLI:EU:C:2016:558, [2016] EUECJ C-458/14 Bailii European Contract Updated: 19 January … Continue reading Promoimpresa srl v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro: ECJ 14 Jul 2016
(Principles, Objectives and Tasks of The Treaties – Judgment) Failure to fulfill obligations – Article 259 TFEU – Jurisdiction of the Court – Determination of the common border between two Member States – Frontier dispute between the Republic of Croatia and the Republic of Slovenia – Arbitration agreement – Arbitration procedure – Notification by the … Continue reading Slovenia v Croatia: ECJ 31 Jan 2020
ECJ (Judgment) Reference for a preliminary ruling – Articles 21 and 45 TFEU – Freedom of movement and of residence of persons and workers – Income tax – Retirement pension – Pensioners’ tax credit – Conditions for granting – Possession of a tax deduction form issued by national authorities C-300/15, [2016] EUECJ C-300/15, ECLI:EU:C:2016:361 Bailii … Continue reading Kohll And Kohll-Schlesser v Directeur de l’administration des contributions directes: ECJ 26 May 2016
ECJ Judgment – Grant Agreement relating to a project under a financial instrument for the environment – Recovery order – Decision forming enforceable within the meaning of Article 299 TFEU – Obligation to state reasons – Assessment Errors – Force majeure T-45/15, [2016] EUECJ T-45/15, ECLI: EU:T:2016:151 Bailii European Intellectual Property Updated: 12 January 2022; … Continue reading Hydrex v Commission: ECFI 16 Mar 2016
ECJ (Judgment) Appeal – State aid – Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 – Decision declaring aid incompatible with the internal market and ordering its recovery – Concept of ‘State aid’ – Article 107(3)(b) TFEU – Guidelines for State aid in the agricultural sector – Obligation to … Continue reading Greece v Commission (Judgment): ECJ 8 Mar 2016
ECJ Judgment – Reference for a preliminary ruling – Public contracts – Articles 49 TFEU and 56 TFEU – Directive 2004/18/CE – Medical transport services – National legislation authorising regional health authorities to entrust medical transport activities to registered voluntary associations fulfilling the legal requirements, directly and without advertising, by means of reimbursement of the … Continue reading Casta And Others v Azienda Sanitaria Locale di Cirie, Chivasso e Ivrea and Others: ECJ 28 Jan 2016
ECJ Judgment – Reference for a preliminary ruling – Article 267 TFEU – Obligation to bring the matter before the Court of Justice – Approximation of laws – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Variation – Fees – Regulation (EC) No 297/95 – Regulation (EC) No 1234/2008 – … Continue reading Ministero della Salute v Doc Generici Srl: ECJ 1 Oct 2015
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018
An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3) TFEU) (and thus regulation 4 (1) (a) of the Immigration (European Economic Area) Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1)(a), does not retain the status of worker on ceasing … Continue reading Yusuf (EEA – Ceasing To Be A Jobseeker; Effect): UTIAC 15 Jul 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European market for animal feed phosphates – Decision finding an infringement of Article 101 TFEU – Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information – Applicant’s withdrawal from the settlement procedure – Fines – Obligation … Continue reading Timab Industries and CFPR v Commission: ECFI 20 May 2015
ECJ (Judgment) Appeal – Action for annulment – Article 263, fourth paragraph, TFEU – Right to bring an action – Locus standi – Natural or legal persons – Regulatory act not entailing implementing measures – Act of individual concern to the appellants – Right to effective judicial protection – Exceptional measures relating to the release … Continue reading T and L Sugars and Sidul Acucares v Commission: ECJ 28 Apr 2015
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 3 – Beneficiaries – Family members of the Union citizen – Article 2(2)(a) – Definition of ‘spouse’ – Marriage … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 5 Jun 2018
ECJ Judgment – Failure of a Member State to fulfil obligations – Tax legislation -Deferral of taxation of capital gains realised on the sale of certain capital assets – Recovery of the tax – Freedom of establishment – Article 49 TFEU – Article 31 of the EEA Agreement – Difference in treatment between permanent establishments … Continue reading Commission v Germany: ECJ 16 Apr 2015
ECJ Judgment – Action for annulment – Macro-financial assistance to third countries – Decision of the Commission to withdraw a proposal for a framework regulation – Articles 13(2) TEU and 17 TEU – Article 293 TFEU – Principle of conferral of powers – Principle of institutional balance – Principle of sincere cooperation – Article 296 … Continue reading Council v Commission: ECJ 14 Apr 2015
ECJ Reference for a preliminary ruling – Ambulance services – National legislation reserving ambulance services for public health establishments to be registered voluntary associations fulfilling the legal requirements on a preferential basis – Compatibility with EU law – Public procurement – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Mixed services, covered both … Continue reading ASL N.5 ‘Spezzino’, And Others: ECJ 14 Dec 2011
ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less … Continue reading Concu And Melis: ECJ 12 Feb 2015
UTIAC (1) In EU law terms there is no reason why the decision in Zambrano could not in principle be relied upon by the parent, or other primary carer, of a minor EU national living outside the EU as long as it is the intention of the parent, or primary carer, to accompany the EU … Continue reading MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45(1) and (4) TFEU – Concept of worker – Employment in the public service – Post of President of a Port Authority – Participation in the exercise of powers of a public authority – Nationality requirement R. Silva de … Continue reading Haralambidis v Calogero Casilli: ECJ 10 Sep 2014
ECJ (Judgment) – Action for annulment – External action of the European Union – International agreements – Protection of neighbouring rights of broadcasting organisations – Negotiations for a Convention of the Council of Europe – Decision of the Council and the Representatives of the Governments of the Member States authorising the joint participation of the … Continue reading Commission v Council: ECJ 4 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Freedom of establishment – Freedom of movement for workers – Non-discrimination – Article 346(1)(b) TFEU – Protection of a Member State’s essential security interests – Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading … Continue reading Schiebel Aircraft v Bundesminister fur Wirtschaft, Familie und Jugend: ECJ 4 Sep 2014
ECJ (Order Of The Court) (French Text) – Preliminary ruling – Protection of public health – National legislation laying down an obligation to vaccinate minors – Right of parents to refuse vaccination – Article 168 TFEU, Charter of Fundamental Rights of the European Union – Articles 33 and 35 – Implementation implementation of EU law … Continue reading Siroka v Urad verejneho zdravotnictva Slovenskej Republiky: ECJ 17 Jul 2014
ECJ Grand Chamber – Transfer of a company’s place of effective management to a Member State other than that in which it is incorporated – Freedom of establishment – Article 49 TFEU – Taxation of unrealised capital gains relating to the assets of a company transferring its place of management between Member States – Determination … Continue reading National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam: ECJ 29 Nov 2011
ECJ (Judgment Of The Court (Second Chamber)) Telecommunications sector – Electronic communications networks and services – Freedom to provide services – Article 56 TFEU – Directive 2002/21/EC – Cross-border provision of a package of radio and television programmes – Conditional access – Competence of the national regulatory authorities – Registration – Requirement of establishment R. … Continue reading UPC Dth Sarl v Nemzeti: ECJ 30 Apr 2014
(Order Of The Court) REFERENCE for a preliminary ruling under Article 267 TFEU from the Curtea de Apel Bacau (Romania), by decision of 7 January 2014, received at the Court on 15 January 2014 in the proceedings MCG Fernlund, P C-13/14, [2014] EUECJ C-13/14 – CO Bailii European Updated: 05 December 2021; Ref: scu.527245
ECJ Opinion – Agreement EEC-Turkey Association Agreement – Article 13 of Decision No 1/80 of the Association Council – Article 41 of the Additional Protocol – Articles of ‘standstill’ – Scope – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Posting of workers – Nationals of third States – Requirement of … Continue reading Essent Energie Productie v Minister van Sociale Zaken in Werkgelegenheid: ECJ 8 May 2014
ECJ Request for a preliminary ruling – Sixth VAT Directive – Exemptions – Transactions concerning the sale of shares and involving the transfer of interests in immoveable property – Imposition of an indirect tax distinct from VAT – Articles 49 TFEU and 63 TFEU – Purely internal situation E. Juhasz, P C-139/12, [2014] EUECJ C-139/12 … Continue reading Caixa D’Estalvis I Pensions De Barcelona v Generalidad de Cataluna: ECJ 20 Mar 2014
ECJ Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Rules governing the system of property ownership – Article 345 TFEU – Electricity and gas distribution system operators – Prohibition of privatisation – Prohibition of links with undertakings which generate/produce, supply or trade electricity or gas – Prohibition of … Continue reading Staat Der Nederlanden v Essent Nv: ECJ 22 Oct 2013
ECJ Transfer of pension rights acquired in a Member State – Articles 45 TFEU and 48 TFEU – National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body – Aggregation … Continue reading Gardella v Istituto Nazionale Della Previdenza Sociale: ECJ 4 Jul 2013
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification … Continue reading Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015
NIIT_subscribe_ECFI1407 ECFI Judgment – Community trade mark – Application for Community word mark SUBSCRIBE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Equal treatment – Article 56 TFEU MD Gratsias (Rapporteur), P T-404/13, [2014] EUECJ T-404/13, ECLI: EU: T: 2014 645 … Continue reading NIIT Insurance Technologies v OHIM (Subscribe): ECFI 14 Jul 2014
maneaECJ201504 ECJ Grand Chamber – Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership – Neutrality as between second-hand motor vehicles imported from other Member … Continue reading Manea v Institutia Prefectului Judetul Brasov: ECJ 14 Apr 2015
Allegations of patent infringement in manufacture of mobile phones. . .
ECJ (Opinion of Geelhoed AG) Interpretation of Articles 43 and 56 EC and Articles 4(1) and 6 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent . .
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36 / EC – Article 1 and Article 10 (b) – Professional qualifications obtained in several Member States – Conditions for obtaining – Lack of formal . .
