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
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
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
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
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
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
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007
The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year. Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took … Continue reading Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006
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
ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally applicable. This interpretation is confirmed by the third subparagraph of article 19(2) of the EEC Treaty which, while … Continue reading Commission EEC v Italy: ECJ 27 Feb 1962
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995
The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is fully complied with by refraining from applying any conflicting provision of national legislation, unless … Continue reading Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment): ECJ 2 Aug 1993
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991
ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003
ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999
ECJ 1 Non-contractual liability – Conditions – Lawful or unlawful act – Damage – Causal link – Burden of proof (EC Treaty, Art. 215) 2 Non-contractual liability – Conditions – Regulation imposing a trade embargo against a non-member country – Damage resulting from retaliatory measures taken by the government of that country – Causal link … Continue reading Dorsch Consult Ingenieurgesellschaft v Council and Commission: ECFI 28 Apr 1998
ECJ Article 177 of the EC Treaty (now Article 234 EC) – Definition of ‘court or tribunal of a Member State – Freedom of movement for persons – Equal treatment – Seniority – Part of career spent abroad Citations: C-195/98, [2000] EUECJ C-195/98 Links: Bailii European Updated: 04 June 2022; Ref: scu.162401
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999
ECJ (Judgment) In order to coordinate the content of annual accounts, the Fourth Directive 78/660 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies, as amended by the Seventh Directive 83/349 on consolidated accounts, lays down the principle of the ‘true and fair view’, compliance with which is … Continue reading Tomberger v Gebruder von der Wettern: ECJ 27 Jun 1996
Europa The rule on equal treatment with nationals is one of the fundamental legal provisions of the community. As a reference to a set of legislative provisions effectively applied by the country of establishment to its own nationals, this rule is, by its essence, capable of being directly invoked by nationals of all the other … Continue reading Jean Reyners v Belgian State: ECJ 21 Jun 1974
ECJ 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to them is authentic. 2. During administrative proceedings before the commission concerning the application of article 85 of the eec treaty the parties concerned must be informed of the facts upon which the … Continue reading Grundig v Commission EEC: ECJ 16 Jun 1965
Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966
It was possible for the Royal Marine unit to exclude the employment of a woman as a chef. The requirement not to discriminate was overriding save where the nature of the work makes the sex of the worker a determining factor. The nature and rules of a marine unit, required interoperability, in that any member … Continue reading Sirdar v Army Board and Another: ECFI 27 Oct 1999
The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a national representative team level. If it was derived from a proper need inherent in the … Continue reading Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others: ECJ 11 Apr 2000
The social purposes of the Treaty in article 119 (141 EC) overrode the economic aims of the Treaty. Accordingly the article did not preclude a requirement upon a member state which imposed obligations to satisfy that social aim, even though it migt have economic consequences which risked an adverse effect upon that member states international … Continue reading Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another: ECJ 28 Mar 2000
Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to … Continue reading Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96: ECJ 7 Dec 1999
It was not a breach of community law, restricting the free movement of persons within the community, to require a traveller to produce evidence of identity sufficient to establish his nationality and right to cross the frontier. Criminal sanctions for breaches of such a requirement were proper provided they remained proportionate. Citations: Times 12-Oct-1999 Statutes: … Continue reading Criminal Proceedings Against Wijsenbeek Case: ECJ 12 Oct 1999
Where two groups worked doing similar work, but one had superior qualifications, those qualifications could justify a pay differential. They were not to be treated as doing the same work. Citations: Times 20-May-1999, C-309/97, [1999] EUECJ C-309/97, [2000] ICR 1134 Links: Bailii Statutes: Council Directive 75/117/EEC on the approximation of laws relating to equal pay … Continue reading Angestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse: ECJ 20 May 1999
UK rules required that a wife of a migrant European worker must be resident for four years before applying for indefinite leave to remain, but a spouse of a person settled in the UK need only be resident for one year. There was no discrimination contrary to European Law which prevented rules restricting the free … Continue reading Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000
Where a member of a sickness scheme sought treatment in another member state, it was proper to require prior authorisation, but any conditions imposed had to be justifiable and proportionate. In this case the scheme required the recognition of the treatment sought, and that immediate treatment in the country was not available. Hospital services were … Continue reading Geraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen: ECJ 12 Jul 2001
Where a citizen of a member state had been granted temporary admission, pending a final decision on whether she should be admitted or expelled, that decision was not one which could be classified as a ‘decision concerning entry,’ for the purposes of the directive, and by legal fiction the person was deemed to be out … Continue reading Regina v Secretary of State for the Home Department, ex parte Yiadom Case C-357/98: ECJ 16 Nov 2000
The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their own pre-emptive campaign. They now admitted misuse of the confidential information acquired. Held: The claim succeeded … Continue reading Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient. ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC … Continue reading Regina v Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd: ECJ 19 Mar 1998
ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply … Continue reading Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999
LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the equivalent of the expression ‘ ‘ prohibitions or restrictions on imports ‘ ‘ occurring in article 36. Hence a … Continue reading Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: ‘guidance is assistance in reaching a decision proffered to him who has to make … Continue reading Laker Airways v Department of Trade: CA 15 Dec 1976
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011
The applicant was insured under the national health insurance scheme, but received treatment in another member state, he was entitled to be re-imbursed the higher cost even though it might be higher than the amount he would have been entitled to . .
It was proper for a national patents system to require that before any patent was lodged with that nation’s patents registrar, any European Patent granted should become deemed void ab initio unless it was translated into the national language of . .
Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must . .
The parties had several years ago compromised an action for trade mark infringement on the basis that the defendant would not use the Apple logo in association with areas of commercial activity, including the sale of ‘work whose principal content is music’. The claimants said that the iTunes service for downloading music fom the internet … Continue reading Apple Corps Ltd v Apple Computer Inc: ChD 8 May 2006
SCIT CORPORATION TAX – Controlled foreign companies – whether domestic legislation (ss 747 to 756 and Schs. 24 to 26) incompatible with freedom of establishment as provided for by arts. 43 EC and 48 EC of the EC Treaty – a reference to ECJ under art. 234 EC had been made by the Special Commissioners … Continue reading Vodafone 2 v Revenue and Customs: SCIT 26 Jul 2007
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled. Held: The claimant’s expert survey evidence was defective in several ways, but even so there was no evidence of confusion under the … Continue reading L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – appellant resident in South Africa – whether income taxable as employment income under . .
