Search Results for: EC Treaty

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Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977

ECJ 1. Whenever community law has created for the institutions of the community powers within its internal system for the purpose of attaining a specific objective, the community has authority to enter into the international commitments necessary for the attainment of that objective even in the absence of an express provision in that connexion. This … Continue reading Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977

Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006

Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

In applying article 177 of the Treaty the court is not competent to decide questions of compatibility of a provision of national law with community law. It can, however, infer from the wording of the questions formulated by the national court, in the light of the facts as found by the latter, the matters involving … Continue reading Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: CA 20 Oct 1995

The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. Citations: Times 26-Oct-1995, Independent 20-Oct-1995 Statutes: Electricity Act 1989, Maastricht Treaty Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: CA 20 Oct 1995

Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State. However, … Continue reading Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

Deutsche Getreide Und Futtermittel-Handelsgesellschaft Mbh v Hauptzollamt Hamburg-Altona: ECJ 15 Dec 1970

ECJ 1. Levies are derived from the treaty and not from national law and are simultaneously applicable in all the member states; they act as regulators of the market within the framework of a common organization and are calculated on the basis of weighted values and having regard to standard qualities; they are therefore standard … Continue reading Deutsche Getreide Und Futtermittel-Handelsgesellschaft Mbh v Hauptzollamt Hamburg-Altona: ECJ 15 Dec 1970

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

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

Cala Homes (South) Ltd v Secretary of State for Communities and Local Government: Admn 16 Dec 2010

Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was required, and that therefore a direction to ignore the current criteria was unlawful. The claimant now said that a … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government: Admn 16 Dec 2010

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Ferriera Valsabbia and Valsabbia Investimenti v Commission (Judgment): ECFI 9 Nov 2022

Competition – Agreements, decisions and concerted practices – Market in reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limitation and control of production and sales – Decision taken following the annulment of previous … Continue reading Ferriera Valsabbia and Valsabbia Investimenti v Commission (Judgment): ECFI 9 Nov 2022

Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003

The question arising was whether paragraph 55(2) of Schedule 8 to the Finance Act 1995, a reinsurance treaty entered into on 25 November 1994 by the taxpayer reinsurer with a non-resident cedant is, by virtue of the fact that policies of life assurance ceded by that treaty were issued before 1 November 1994, within the … Continue reading Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003

Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995

European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting … Continue reading Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995

Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment): ECJ 24 Nov 1993

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

SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

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

Van den Bergh Foods v Commission (Judgment): ECFI 23 Oct 2003

The applicant sold ice cream. Retailers were supplied with freezer cabinets at low or nil cost, but the cabinets were only to include the claimant’s goods. In practice this excluded other manufacturer’s products from shops. The commission found that this restrictive effect resulted from the limitations on space in shops, and affected some 83% of … Continue reading Van den Bergh Foods v Commission (Judgment): ECFI 23 Oct 2003

SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

Feralpi v Commission (Judgment): ECFI 9 Nov 2022

Competition – Agreements, decisions and concerted practices – Market in reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limitation and control of production and sales – Decision taken following the annulment of previous decisions … Continue reading Feralpi v Commission (Judgment): ECFI 9 Nov 2022

Ecuador v Occidental Exploration and Production Co: ComC 2 Mar 2006

Judges: Aikens J Citations: [2006] EWHC 345 (Comm), [2006] 1 Lloyds Rep 773, [2006] 2 CLC 1, [2006] ArbLR 21, 8 ITL Rep 948 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005 The parties had arbitrated their dispute in London under a bilateral … Continue reading Ecuador v Occidental Exploration and Production Co: ComC 2 Mar 2006

Ferriere Nord v Commission (Judgment): ECFI 9 Nov 2022

Competition – Agreements, decisions and concerted practices – Market in reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limitation and control of production and sales – Decision taken following the annulment of previous … Continue reading Ferriere Nord v Commission (Judgment): ECFI 9 Nov 2022

Eliades, Panix Promotions Ltd, Panix of the US Inc v Lewis: CA 8 Dec 2003

The claimant had obtained an award of damges in the US, and had had orders made for its enforcement here. The appellants contended that the award, containing an element of ‘multiplied damages’ offended the rules which would allow its enforcement here. Held: Since the original judgment the US court had restated its decision and clarified … Continue reading Eliades, Panix Promotions Ltd, Panix of the US Inc v Lewis: CA 8 Dec 2003

Regina v Secretary of State for Home Department ex parte Behluli: CA 7 May 1998

The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty. Held: The appeal was dismissed: ‘The extent to which statements could found a legitimate expectation depended upon the … Continue reading Regina v Secretary of State for Home Department ex parte Behluli: CA 7 May 1998

Alfa Acciai v Commission (Judgment): ECFI 9 Nov 2022

Competition – Agreements, decisions and concerted practices – Market in reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limitation and control of production and sales – Decision taken following the annulment of previous … Continue reading Alfa Acciai v Commission (Judgment): ECFI 9 Nov 2022

Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009

In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees. Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party … Continue reading Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009

Commission v Portugal: ECJ 4 Jun 2002

Citations: C-367/98, [2003] QB 233, [2002] EUECJ C-367/98 Links: Bailii Jurisdiction: European Cited by: Cited – Commission v United Kingdom ECJ 13-May-2003 Complaint was made by the Commission that the ‘golden share’ retained by the respondent government in British Airports Authority was an unlawful restriction on the free movement of capital under the Treaty. The … Continue reading Commission v Portugal: ECJ 4 Jun 2002

HF v Generalstaatsanwaltschaft Munchen: ECJ 28 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

Commission v Slovakia (Energy): ECJ 15 Mar 2011

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

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

Association Kokopelli v Graines Baumaux SAS: ECJ 12 Jul 2012

ECJ Agriculture – Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC – Validity – Vegetables – Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species – Non-compliance with system of prior authorisation for marketing – International Treaty on Plant Genetic Resources for Food and Agriculture … Continue reading Association Kokopelli v Graines Baumaux SAS: ECJ 12 Jul 2012

Association Kokopelli v Graines Baumaux SAS: ECJ 19 Jan 2012

ECJ (Opinion) Agriculture – Validity – Directive 2002/55/EC – Vegetables – Seed trade – Prohibition against marketing seed of varieties that are not officially accepted and registered in a catalogue of varieties – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Movement … Continue reading Association Kokopelli v Graines Baumaux SAS: ECJ 19 Jan 2012

Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: Admn 13 Dec 2011

The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required Member States not to exceed limit values of nitrogen dioxide set for 1 January 2010. Held: Relief … Continue reading Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: Admn 13 Dec 2011

Gibraltar v Council: ECJ 29 Jun 1993

(Judgment) European Community jurisdiction on Gibraltar Airport dispute must await UK-Spain agreement. ECJ Article 2(2) of Directive 89/463 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, which suspends the application of that directive to Gibraltar airport until the cooperation arrangements for that airport agreed … Continue reading Gibraltar v Council: ECJ 29 Jun 1993

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006

Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom. Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken to have replaced Directives 90/364, 90/365 and 90/366: ‘Each of these directives was a … Continue reading Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

Commission v France: ECJ 21 Jun 2001

Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001

Bourgaux v Common Assembly: ECJ 17 Dec 1956

ECJ 1. The general wording of article 42 of the treaty makes it impossible to conclude that an arbitration clause can be subject to a binding legal limitation which in this case would rule out the remedy of an application for annulment. The remedies available in administrative matter to the staff of all four institutions … Continue reading Bourgaux v Common Assembly: ECJ 17 Dec 1956

Azam and Livesey (Patent): IPO 22 Dec 2010

IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010

Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

ECJ 1. Competition – agreements, decisions and concerted practices -agreements between undertakings – automatic nullity – effects on those parts of the agreement which are not incompatible with article 85 (1) – matter for the national court to decide – application of national law (EEC treaty, art. 85 (1) and (2)) 2. Competition – agreements, … Continue reading Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

Jany v Staatssecretaris van Justitie: ECJ 20 Nov 2001

The activities of a prostitute are typically those of a self-employed person, and the rules about freedom of establishment applied. Activity was pursued by a self-employed person if it was (I) outside any relationship of subordination concerning the choice of the activity or conditions of work and remuneration, (ii) under that person’s own responsibility, and … Continue reading Jany v Staatssecretaris van Justitie: ECJ 20 Nov 2001

Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law … Continue reading Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, saying that the respondents had consented to the import within the Directive. Held: The appeal succeeded. The Cuban … Continue reading Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG: ECJ 4 Mar 1999

Upon the registration of a PDO (‘protected designation of origin’) national rules ceased to apply and ‘only the legal rules laid down in the Regulation are, together with the Treaty rules, relevant for the purpose of answering the questions referred about the scope of the protection of the PDO. The protection of the PDO is … Continue reading Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG: ECJ 4 Mar 1999

El Corte Ingles v Blazquez Rivero: ECJ 7 Mar 1996

1. The ability to rely on directives against State entities is based on the binding nature of directives – which applies only with regard to the Member States to which they are addressed – and seeks to prevent a State from taking advantage of its failure to comply with Community law. The effect of extending … Continue reading El Corte Ingles v Blazquez Rivero: ECJ 7 Mar 1996

Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Mr Green was a bus driver who slipped on the step of his bus. Passengers had dripped rainwater on the step. Counsel for Mr Green referred to article 5(1) of the Framework Directive which states: ‘The employer shall have a duty to ensure the safety and health of workers in every aspect related to work.’ … Continue reading Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Intel Corporation v Via Technologies Inc and others: ChD 14 Jun 2002

The claimant sought damages for patent infringement. The respondent asserted that the refusal to licence the patent amounted to an abuse of its dominant position. Complaint had also been brought in the US. Held: The licence offered by Intel would distort the market. The refusal to licence on other terms prevented other companies even getting … Continue reading Intel Corporation v Via Technologies Inc and others: ChD 14 Jun 2002

Commission v Italy (Rec 1989,P 4035) (Sv89-269 Fi89-269) (Judgment): ECJ 5 Dec 1989

ECJ 1. The principle of equal treatment, of which Articles 52 and 59 of the Treaty embody specific instances, prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result.2. The exception to freedom … Continue reading Commission v Italy (Rec 1989,P 4035) (Sv89-269 Fi89-269) (Judgment): ECJ 5 Dec 1989

Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark. Held: The word ‘Mail’ has not acquired a descriptive meaning, and nor is there any requirement in the law … Continue reading Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

Amministrazione Delle Finanze Dello Stato v Simmenthal SpA (No 2): ECJ 9 Mar 1978

ECJ The Court of Justice considered a reference for a preliminary ruling, pursuant to article 1977 of the Treaty, as having been validly brought before it so long as the reference has not been withdrawn by the court from which it emanates or has not been quashed on appeal by a superior court. The direct … Continue reading Amministrazione Delle Finanze Dello Stato v Simmenthal SpA (No 2): ECJ 9 Mar 1978

M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

Dyson Limited v Qualtex (UK) Limited: ChD 21 Dec 2004

Claim for infringement of unregistered design right. Judges: The Honourable Mr Justice Mann Citations: [2004] EWHC 2981 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal From – Dyson Ltd v Qualtex (Uk) Ltd CA 8-Mar-2006 Jacob LJ: In the context of construing an international treaty by reference to the travaux preparatoires to find … Continue reading Dyson Limited v Qualtex (UK) Limited: ChD 21 Dec 2004

Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief. Held: The scheme failed. The restriction imposed did not infringe the right of establishment under European law since the company was not restricted from setting up business. It … Continue reading Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005

The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use. Held: BHB controlled the market, and by threatening to terminate the licence of the claimant had abused that … Continue reading Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005

Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

Slobodan Milosevic v The Netherlands: ECHR 19 Jan 1999

Admissibility – The applicant brought summary civil proceedings (kort geding) against the Netherlands State before the President of the Regional Court (arrondissementsrechtbank) of The Hague. He sought an order directed against the State for his unconditional release; in the alternative, for him to be returned to the FRY; in the further alternative, for the State … Continue reading Slobodan Milosevic v The Netherlands: ECHR 19 Jan 1999

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

Jakutis And Kretingalas Kooperatine ZUB v Nacionaline mokejimo agentura prie Zemes ukio ministerijos: ECJ 12 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EC) No 73/2009 – Articles 7(1), 10(1), 121 and 132(2) – Acts implementing that regulation – Validity, in the light the TFEU Treaty, the 2003 Act of Accession and the principles of non-discrimination, legal certainty, the protection of legitimate expectations and sound administration … Continue reading Jakutis And Kretingalas Kooperatine ZUB v Nacionaline mokejimo agentura prie Zemes ukio ministerijos: ECJ 12 Nov 2015

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Bundesverband Der Arzneimittel-Importeure v Bayer And Commission: ECJ 6 Jan 2004

EU (Competition) Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical product. Citations: C-3/01, [2004] EUECJ C-3/01P Links: Bailii Jurisdiction: European Cited by: See Also – Bundesverband der Arzneimittel-Importeure … Continue reading Bundesverband Der Arzneimittel-Importeure v Bayer And Commission: ECJ 6 Jan 2004

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002

The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts Regulations 2006. Held: Arden LJ dismissed that ground substantively. She went on, however, to consider … Continue reading Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

Breda Fucine Meridionali v Commission: ECFI 15 Sep 1998

ECFI State aid – Article 93, paragraph 2 of the EC Treaty – Communication opening procedure – Aid not explicitly mentioned – Assistance to businesses located in disadvantaged areas – Restructuring – Recovery of aid – Limitation Period. Citations: T-127/96, [1998] EUECJ T-127/96 Links: Bailii Jurisdiction: European Limitation Updated: 07 September 2022; Ref: scu.433441

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

The Republic of Croatia v The Republic of Serbia (Other): LRA 3 Dec 2008

LRA Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues 2001 2262 (United Nations Treaty Series 253), Articles 3, 4, 5, … Continue reading The Republic of Croatia v The Republic of Serbia (Other): LRA 3 Dec 2008

Machado v Secretary of State for the Home Deptment: CA 19 May 2005

At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005

Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010

The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of … Continue reading Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010

Parfums Christian Dior v Tuk Consultancy BV: ECJ 14 Dec 2000

ECJ (External Relations) Agreement establishing the World Trade Organisation – TRIPs Agreement – Article 177 of the EC Treaty (now Article 234 EC) – Jurisdiction of the Court of Justice – Article 50 of the TRIPs Agreement – Provisional measures – Interpretation – Direct effect. Citations: C-392/98, [2000] EUECJ C-392/98 Links: Bailii Jurisdiction: European Cited … Continue reading Parfums Christian Dior v Tuk Consultancy BV: ECJ 14 Dec 2000

Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid) T-6/98: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-6/98: ECFI 15 Jun 2000

Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria. Citations: C-199/07, [2009] EUECJ C-199/07 Links: Bailii Jurisdiction: European Citing: See Also – Commission v Greece (Law Relating To Undertakings) ECJ 9-Jul-2009 Europa Treaty infringement … Continue reading Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

ECFI Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

Blue Circle Industries v Commission: ECFI 15 Mar 2000

ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation … Continue reading Blue Circle Industries v Commission: ECFI 15 Mar 2000

Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff composed principally of women – Not permissible where there is no … Continue reading Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

Gabrielle Defrenne v Belgian State: ECJ 25 May 1971

ECJ The concept of pay as defined in article 119 of the EEC Treaty does not include social security schemes or benefits directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are obligatorily applicable to general categories of workers or which, within the framework of such … Continue reading Gabrielle Defrenne v Belgian State: ECJ 25 May 1971

Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996

Europa The concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of … Continue reading Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996

Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990

Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the employment relationship, which facilitates his adjustment to the new circumstances resulting from the loss of his … Continue reading Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990

Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994

ECJ The Court of Justice is in principle bound to give a preliminary ruling if the questions raised by the national court or tribunal, which is best placed to appreciate, in the light of the circumstances of the case, the necessity of obtaining a preliminary ruling, have to do with the interpretation of a provision … Continue reading Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994

Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by … Continue reading Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Europa Compensation paid to a worker on termination of the employment relationship is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from … Continue reading Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

Fratelli Variola Spa v Amministrazione Delle Finanze Dello Stato: ECJ 10 Oct 1973

Europa The concept of ‘charge having equivalent effect’ under the agricultural regulations must be taken to have the same meaning as in articles 9 et seq . Of the treaty. The prohibition of all customs duties and charges having equivalent effect covers any charge levied at the time or by reason of importation and which, … Continue reading Fratelli Variola Spa v Amministrazione Delle Finanze Dello Stato: ECJ 10 Oct 1973

Commission v Greece (Law Relating To Undertakings): ECJ 9 Jul 2009

Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates. Citations: C-199/07, [2009] EUECJ C-199/07 Links: Bailii Jurisdiction: European Cited by: See Also – Commission v Greece (Law Relating To Undertakings) ECJ 12-Nov-2009 ECJ Failure of a Member … Continue reading Commission v Greece (Law Relating To Undertakings): ECJ 9 Jul 2009