The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision. Held: The essence of the grounds for excluding a European Union national from the United Kingdom must be disclosed by virtue of article 47 … Continue reading ZZ v Secretary of State for The Home Department: CA 24 Jan 2014
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the Secretary of State to seek out or validate evidence must be exercised sparingly and in a fact-sensitive way, bearing … Continue reading NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014
ECJ Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Opinion – Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject … Continue reading SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Review of the judgment in Case T-234/11 P – Action for annulment – Admissibility – Time-limit for bringing proceedings – Time-limit not set by a provision of European Union law – Concept of ‘reasonable period’ – Interpretation – Obligation on the Courts of the European Union to take account of the particular circumstances of … Continue reading Jaramillo v European Investment Bank: ECJ 28 Feb 2013
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of … Continue reading Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020
(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express … Continue reading Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 2020
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute Judges: Mengozzi AG Citations: C-316/13, [2014] EUECJ … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equality and non-discrimination – Implementation of EU law – Scope of application of EU law – None – Lack of jurisdiction of the Court Judges: A Tizzano Citations: C-483/12, [2014] EUECJ C-483/12 Links: Bailii Jurisdiction: European Human … Continue reading Pelckmans Turnhout v Walter Van Gastel Balen NV: ECJ 8 May 2014
Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial. Held: The complaint failed. Insofar as the complaint was restricted to interference with a fair trial, the Directive provided that advice given in the course of proceedings … Continue reading Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007
ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010
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
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to … Continue reading Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017
Reference for a preliminary ruling – Directive 2001/23/EC – Scope – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights -Service contract for the management of a municipal Academy of Music – Cessation of the activity of the first contractor before the end of the current school year and designation of a new … Continue reading Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018
Fundamental Rights – Opinion – Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Grounds for refusal of enforcement – Charter of Fundamental Rights of the European Union – Article 4 – Prohibition of treatment inhuman and degrading conditions – … Continue reading ML, Generalstaatsanwaltschaft Bremen intervening (Conditions De Detention En Hongrie): ECJ 4 Jul 2018
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for refusal to execute – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Rule of law – Article 7 TEU – Reasoned proposal of … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 2018
(Order Of The Court) Citations: C-169/14, [2014] EUECJ C-169/14, ECLI: EU: C: 2014:1388 Links: Bailii Jurisdiction: European Cited by: Order – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014 ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 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
ECJ Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Asylum policy – Charter of Fundamental Rights of the European Union – Article 4 – Directive 2004/83/EC – Article 2(e) – Eligibility for subsidiary protection – Article 15(b) – Risk of serious harm to the psychological health of the … Continue reading MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018
Reference for a preliminary ruling – Social policy – Organization of working time – Directive 2003/88/EC – Article 8 – Article 12(a) – Articles 20 and 31 of the Charter of Fundamental Rights of the European Union – Reduction of working time standard of night work as compared with that of day work – Workers … Continue reading Glavna direktsia Pozharna bezopasnost i zashtita na naselenieto (Judgment): ECJ 24 Feb 2022
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 167 and 168 – Right of deduction – Refusal – Tax evasion – Taking of evidence – Stay of proceedings on an administrative complaint relating to a notice of taxation refusing a right to deduct, pending the outcome … Continue reading SC Cridar Cons (Judgment): ECJ 24 Feb 2022
Judgment – Appeal – Competition – Agreements, decisions and concerted practices – European airfreight market – Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services – Defective statement of reasons – Plea involving a matter of public policy raised by the EU courts of their own … Continue reading British Airways v Commission (Competition – Agreements, Decisions and Concerted Practices): ECJ 14 Nov 2017
ECJ Non-Contractual Liability – Representation of The European Union – Barring of Actions : Judgment – Non-contractual liability – Representation of the European Union – Barring of actions – Nullification of the legal effects of a decision which has become final – Precision of the application – Admissibility – Article 47 of the Charter of … Continue reading Guardian Europe v European Union: ECFI 7 Jun 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 Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication – Time-limit … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 26 Sep 2013
This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control. Judges: … Continue reading The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021
ECJ (Judgment) Non-contractual liability – Clarifying of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Causal link Citations: ECLI:EU:T:2017:105, [2017] EUECJ T-40/15 Links: Bailii Jurisdiction: European Human Rights, … Continue reading ASPLA and Armando Alvarez v European Union: ECFI 17 Feb 2017
ECJ Judgment -Non-contractual liability – Accuracy of the application – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Intangible damage – Causality Citations: ECLI:EU:T:2017:48, [2017] EUECJ T-479/14 Links: Bailii Jurisdiction: European Banking Updated: 29 … Continue reading Kendrion v European Union: ECFI 1 Feb 2017
(Judgment) Non-contractual liability – Article 47 of the Charter of Fundamental Rights – Reasonable time for judgment – Circumstances specific to the case – Issue of the dispute – Complexity of the dispute – Conduct of the parties and the occurrence of procedural incidents – No period of inactivity Unjustified Citations: ECLI:EU:T:2017:47, [2017] EUECJ T-725/14 … Continue reading Aalberts Industries v European Union: ECFI 1 Feb 2017
ECJ (Judgment) Non-contractual liability – Accuracy of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Losses suffered – Interest on the amount of unpaid fine – Loss of chance – Intangible damage – Causal link Citations: T-577/14, [2017] EUECJ T-577/14 … Continue reading Gascogne Sack Deutschland and Gascogne v European Union: ECFI 10 Jan 2017
ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European prestressing steel market – Fines – Setting of the fines – 2006 Guidelines for the setting of fines – Point 35 – Unlimited jurisdiction – Obligation to state reasons – Charter of Fundamental Rights of the European Union – Article 47 – … Continue reading Trafilerie Meridionali v Commission: ECJ 14 Sep 2016
ECJ (Judgment) Appeals – Competition – Cartels – European Market for prestressing steel – Fines – Determination of the amount of fines -Regulation (EC) No 1/2003 – Article 23, paragraph 2 – Presumption of the actual exercise of influence determinant of the parent company on the subsidiary – Guidelines for calculating the amount of the … Continue reading Ori Martin SA v Commission: ECJ 14 Sep 2016
(Opinion) Reference for a preliminary ruling – Immigration policy – Return of illegally staying third-country nationals – Parent of a minor child suffering from a serious illness who became of full age during the appeal procedure relating to the rejection of the authorization request of stay – Order to leave the territory – Directive 2008/115 … Continue reading LM v CPAS De Seraing: ECJ 4 Mar 2020
ECJ Order – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination – National legislation establishing salary reductions for certain public sector employees – No implementation of EU law – Clear lack of jurisdiction of … Continue reading Sindicato Nacional Dos Profissionais De Seguros E Afins: ECJ 21 Oct 2014
ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Recovery of import duties – Origin of goods – Means of proof – Charter of Fundamental Rights of the European Union – Article 47 – Rights of the defence – Right to effective judicial protection – Procedural autonomy of the Member States … Continue reading Unitrading Ltd v Staatssecretaris van Financien: ECJ 23 Oct 2014
ECJ Judgment – Civil service – Frontex staff – Temporary staff – Non-renewal of a fixed term contract – Renewal procedure – Article 41(2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Infringement – Influence on the content of the decision F-117/13, [2014] EUECJ F-117/13 Bailii European … Continue reading Wahlstrom v Frontex: ECJ 17 Sep 2014
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 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 (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014
ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure – Charter of Fundamental Rights of the European Union – National legislation establishing wage rates for some public sector workers – Lack of implementation of EU law – manifest lack of jurisdiction C-264/12, [2014] EUECJ C-264/12 – CO … Continue reading Sindicato Nacional Dos Profissionais De Seguros E Afins v Fidelidade Mundial – Companhia de Seguros SA: ECJ 26 Jun 2014
ECJ Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Scope – Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought … Continue reading Julian Hernandez And Others v Reino de Espana: ECJ 10 Jul 2014
ECJ Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court C-28/14, [2014] EUECJ C-28/14 – CO Bailii European Updated: 05 December 2021; Ref: scu.527249
ECJ (Order Of The Court) Preliminary ruling – Fundamental rights – Charter of Fundamental Rights of the European Union – Articles 47, 50 and 54 – Implementation of EU law – None – Manifest lack of jurisdiction of the Court MCG Fernlund, P C-45/14, [2014] EUECJ C-45/14 – CO Bailii European European, Human Rights Updated: … Continue reading Balazs And Papp: ECJ 19 Jun 2014
ECJ Judgment – Directives 92/40/EEC and 2005/94/EC – Decisions 2006/105/EC and 2006/115/EC – Charter of Fundamental Rights of the European Union – Articles 16, 17 and 47 – Measures for the control of avian influenza -Compensation for damage A. Borg Barthet, P C-56/13, [2014] EUECJ C-56/13 Bailii Directive 2005/94/EC, Directive 92/40/EEC European, Human Rights Updated: … Continue reading Ersekcsanadi Mezogazdasagi v Bacs-Kiskun Megyei Kormanyhivatal: ECJ 22 May 2014
ECJ (Judgment Of The Court Of First Instance) Public service contracts – Tender procedure – Provision of translation services into Maltese – Rules relating to the procedure for the submission of tenders – Rejection of a tenderer’s bid – Failure to comply with the rules on submission designed to ensure the confidentiality of the contents … Continue reading Euris Consult v Parliament: ECFI 30 Apr 2014
ECJ Preliminary ruling – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court C-614/12, [2014] EUECJ C-614/12 Bailii European Updated: 02 December 2021; Ref: scu.523640
ECJ Preliminary ruling – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court MCG Fernlund, P C-332/13, [2014] EUECJ C-332/13 Bailii European Updated: 02 December 2021; Ref: scu.523641
ECJ Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Judicial fees and deposits required for lodging appeals in employment law cases – Failure to implement European Union law – Scope of European Union law – Lack of jurisdiction of … Continue reading Torralbo Marcos v Korota SA: ECJ 27 Mar 2014
ECJ Opinion – Regulation (EC) No 1083/2006 – Regulation (EC) No 1080/2006 – European Regional Development Fund – Powers of Monitoring Committee for an operational programme aiming at the promotion of European territorial cooperation – Joint programme of two Member States – Division of responsibilities between Monitoring Committee and Managing Authority of the programme – … Continue reading MTU Liivimaa Lihaveis v Eesti-Lati programmi 2007-2013 Seirekomitee: ECJ 13 Mar 2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. Lord Dyson MR, Richards, Pitchford LJJ [2014] EWCA Civ 254, [2014] 2 WLR 1334, [2014] Env LR 26, [2014] … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: CA 12 Mar 2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – General principles of European Union law – implementation of European Union law – Scope of European Union law – A sufficient connection – Lack of such a connection – Lack of jurisdiction of the Court E. Juhasz, P C-206/13, … Continue reading Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo: ECJ 6 Mar 2014
ECJ Customs action against goods suspected of infringing intellectual property rights – Regulation (EC) No 1383/2003 – Article 13(1) – Competent authority to conduct proceedings to determine whether an intellectual property right has been infringed – Competence of the customs authorities to initiate proceedings to determine whether an intellectual property right has been infringed – … Continue reading Sintax Trading v Maksu ja Tolliameti Pohja maksu ja tollikeskus (Advocate Generals Opinion): ECJ 28 Jan 2014
ECJ Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing staff to certain thresholds of employees – Calculation of the thresholds – National legislation contrary to European Union law – Role of the national court [2014] All ER (EC) … Continue reading Association De Mediation Sociale v Union Locale Des Syndicats CGT: ECJ 15 Jan 2014
ECJ Opinion – Electronic communications – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Validity – Article 5(4) TEU – Proportionality of action of the European Union – Charter of Fundamental Rights – Article 7 – Respect for privacy – Article 8 – Protection … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013
ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – … Continue reading European Commission v Guido Strack: ECJ 19 Sep 2013
Interim proceedings – Article 279 TFEU – Request for interim measures – Article 19, paragraph 1, second subparagraph, TEU – Independence of the Izba Dyscyplinarna (disciplinary chamber) of the Sad Najwyzszy (Supreme Court, Poland) – Charter of fundamental rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – … Continue reading Commission v Poland (Order): ECJ 14 Jul 2021
ECJ Agriculture – Procedural autonomy of the Member States – Common agricultural policy – Aid – Administrative law disputes – Determination of the court with jurisdiction – National criterion – Administrative court in whose judicial district the seat of the authority which adopted the contested act is located – Principle of equivalence – Principle of … Continue reading Et Agrokonsulting-04-Velko Stoyanov v Izpalnitelen Direktor Na Darzhaven Fond (Zemedelie) – Razplashtatelna Agentsia: ECJ 27 Jun 2013
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal A Tizzano, P ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14 Bailii Directive 93/13/EEC, Charter of Fundamental Rights of the … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014
Internet Search Engine – Name Removal ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – … Continue reading Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights C-390/12, [2013] EUECJ C-390/12 Bailii European Cited by: Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software … Continue reading Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
glatzel_ECJ0614 Judgment – Request for a preliminary ruling – Transport – Directive 2006/126/EC – Point 6.4 of Annex III – Validity – Charter of Fundamental Rights of the European Union – Articles 20, 21(1) and 26 – United Nations Convention on the Rights of Persons with Disabilities – Driving licences – Physical and mental fitness … Continue reading Glatzel v Freistaat Bayern: ECJ 22 May 2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed in connection with the provision of such services – Validity – Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union V Skouris, … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 20 – Electronic cigarettes and refill containers – Validity – Principle of equal treatment – Principles of proportionality and legal certainty – Principle of subsidiarity – Charter of Fundamental Rights of the European Union – Articles 16 and 17 … Continue reading Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016
ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting national rules based on noise levels measured on the ground – Relationship with Directive 2002/49/EC – Convention on International Civil Aviation – Fundamental … Continue reading European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011
ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014
pswc_abdidaECJ1409 ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status … Continue reading Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014
Reference for a preliminary ruling – Article 20(2)(a) TFEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Regulation (EC) No 1206/2001 – Cooperation between the courts of the Member States in the taking . .
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to . .
Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Article 263, fourth paragraph, TFEU – Admissibility – Decision not concerning the applicant neither directly nor individually – Regulatory act – Absence – Article . .
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20, paragraph 2 – Directive 2011/24 / EU – Article 8, paragraphs 1 and 5 as well as paragraph 6, sub d) – Health insurance – Hospital care provided in a . .
(Opinion) Reference for a preliminary ruling – Social security – Medical insurance – Regulation (EC) No 883/2004 – Article 20(2) – Authorisation to receive treatment outside the Member State of residence -Authorisation granted where the treatment is . .
AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’ Judges: Jackson, Underhill, Burnett LJJ Citations: [2017] EWCA Civ 35, … Continue reading AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015
The claimants challenged the right of the respondent, purporting to us the royal prerogative, to withdraw their passports on being suspect of terrorist links. Held: The claims were dismissed. The use of the Royal Preogative was long established, and ‘we are in no doubt that it is not to be implied that Parliament intended to … Continue reading XH and AIT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jul 2016
ECJ (Mutual Assistance for The Recovery of Claims Relating To Taxes – Opinion) Council Directive 2010/24/EU – Mutual assistance for the recovery of claims relating to taxes, duties and other measures – Notification to a person of a claim after, rather than before, the issuance of a request for its recovery by the uniform instrument … Continue reading Donnellan v The Revenue Commissioners: ECJ 8 Mar 2018
ECJ (Judgment) Reference for a preliminary ruling – EU law – Rights conferred on individuals – Infringement by a court – Questions referred for a preliminary ruling – Reference to the Court – National court of last instance Judges: R. Silva de Lapuerta (Rapporteur), P Citations: ECLI:EU:C:2017:209, [2017] EUECJ C-3/16 Links: Bailii Statutes: Charter of … Continue reading Aquino v Belgische Staat: ECJ 15 Mar 2017
ECJ Judgment – Appeal – State aid – Operation of Video Lottery Terminals – Grant by a Member State of an exclusive licence – Decision finding no State aid – Article 108(3) TFEU – Regulation (EC) No 659/1999 – Articles 4, 7 and 13 – Failure to initiate the formal investigation procedure – Concept of … Continue reading Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016
ECJ (Judgment) Reference for a preliminary ruling – Article 6 TEU – Article 49 of the Charter of Fundamental Rights of the European Union – Principle of retroactivity of the more lenient criminal law – Italian nationals having organised the illegal entry into Italy of Romanian nationals – Acts carried out before the accession of … Continue reading Paoletti And Others: ECJ 6 Oct 2016
ECJ (Judgment) (Grand Chamber) Reference for a preliminary ruling – Article 267 TFEU – Article 94 of the Rules of Procedure of the Court – Content of a request for a preliminary ruling – National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for … Continue reading Ognyanov: ECJ 5 Jul 2016
ECJ (Judgment) Preliminary reference – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Execution Grounds for refusal – Charter of Fundamental Rights of the European Union – Article 4 – Prohibition treatments inhuman or degrading treatment – Conditions of detention in the issuing member State … Continue reading Aranyosi and Caldararu: ECJ 5 Apr 2016
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of … Continue reading Delta Stroy 2003 (Judicial Cooperation In Criminal Matters – Imposition of A Financial Penalty On A Legal Person for Non-Payment of Tax Debts – Concept of ‘Confiscation’ – Judgment): ECJ 10 Nov 2022
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit … Continue reading Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the … Continue reading Harman International Industries (Free movement of goods – Place of first marketing of products by the proprietor of the trade mark or with its consent – Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Area of ??freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion and extradition – Right of … Continue reading X v Staatssecretaris Van Justitie En Veiligheid (Eloignement – Cannabis Therapeutique): ECJ 22 Nov 2022
Reference for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – … Continue reading Staatssecretaris Van Justitie En Veiligheid (Examen D’Office De La Retention) (Area of Freedom, Security and Justice – Detention of Third-Country Nationals – Opinion): ECJ 21 Jun 2022
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in … Continue reading Alemo-Herron and Others v Parkwood Leisure Ltd: ECJ 19 Feb 2013
ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third parties potentially affected by a cartel – Legislative ban on access without the consent of all parties to public law competition proceedings – … Continue reading Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 Feb 2013
ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of access of broadcasters to such events for the purpose of making short news reports – Limitation of possible compensation for the holder … Continue reading Sky Osterreich Gmbh v Osterreichischer Rundfunk: ECJ 22 Jan 2013
