Search Results for: TFEU 20

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FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012

ECJ 1 The references for a preliminary ruling concern the interpretation of Articles 63 and 65 TFEU concerning the difference in tax treatment between non-resident and resident collective investment undertakings for collective investment in securities (UCITS). 2 Since the abovementioned cases are related by reason of their subject-matter, it is appropriate, in accordance with Article … Continue reading FIM Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU) C-338/11: ECJ 10 May 2012

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 – 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

Fim Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU): ECJ 10 May 2012

ECJ Articles 63 TFEU and 65 TFEU – Undertakings for collective investments in transferable securities (UCITS) – Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and dividends paid to resident UCITS, not subject to such tax – Whether it is necessary, for the purpose of determining whether the national measure is … Continue reading Fim Santander Top 25 Euro Fi (Articles 63 Tfeu And 65 TFEU): ECJ 10 May 2012

LS (Article 45 TFEU – Derivative Rights): UTIAC 9 Oct 2018

(1) In determining whether the absence of adequate provision for the childcare of the child of a Union citizen may be a factor capable of discouraging that Union citizen from effectively exercising his or her free movement rights under Article 45 TFEU, the Tribunal will need to undertake a wide evaluative assessment of the particular … Continue reading LS (Article 45 TFEU – Derivative Rights): UTIAC 9 Oct 2018

Kovacevic (British Citizen – Art 21 TFEU): UTIAC 5 Jul 2018

(1) A Union citizen who resides in a Member State of which he or she is a national is not a beneficiary under Article 3(1) of the Citizen’s Directive. (2) A dual Croatian/British citizen who was residing in the United Kingdom when Croatia joined the EU and who has never exercised EU Treaty rights does … Continue reading Kovacevic (British Citizen – Art 21 TFEU): UTIAC 5 Jul 2018

Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

art218ECJ1410 ECJ Grand Chamber – Opinion – Opinion pursuant to Article 218(11) TFEU – Convention on the civil aspects of international child abduction – Accession of third States – Regulation (EC) No 2201/2003 – Exclusive external competence of the European Union – Risk of undermining the uniform and consistent application of EU rules and the … Continue reading Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

Irish Wind Farmers’ Association and Others v Commission (State Aid – Member State Legislation On Business Property Taxation – Methods for Valuation of Property – Judgment): ECJ 17 Nov 2022

Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of … Continue reading Irish Wind Farmers’ Association and Others v Commission (State Aid – Member State Legislation On Business Property Taxation – Methods for Valuation of Property – Judgment): ECJ 17 Nov 2022

Amoena (UK Ltd v Revenue and Customs (Customs Duty : Application for Reference To CJEU): FTTTx 7 Sep 2018

Application for reference to CJEU under art 267 TFEU – Validity of European Commission Implementing Regulation effectively overturning UK Supreme Court decision – whether appellant’s arguments well founded that (a) the Regulation contains a ‘manifest error’ and was ultra vires the Commission’s powers and (b) the Regulation breaches the principle of sincere co-operation – reference … Continue reading Amoena (UK Ltd v Revenue and Customs (Customs Duty : Application for Reference To CJEU): FTTTx 7 Sep 2018

Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – … Continue reading Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

Klausner Holz Niedersachsen v Land Nordrhein-Westfalen: ECJ 11 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – State aid – Aid granted in breach of Article 108(3) TFEU – Decision of a Member State court establishing the validity of the contract granting that aid – Res judicata – Interpretation in conformity with EU law – Principle … Continue reading Klausner Holz Niedersachsen v Land Nordrhein-Westfalen: ECJ 11 Nov 2015

VP Capital (Freedom of Establishment): ECJ 10 Nov 2022

Reference for a preliminary ruling – Freedom of establishment – Article 49 and 54 TFEU – Transfer of a company’s registered office to a Member State other than that in which it was incorporated – Recovery of write-downs recorded prior to the transfer – Exemption – Comparability of situations Citations: C-414/21, [2022] EUECJ C-414/21, ECLI:EU:C:2022:871 … Continue reading VP Capital (Freedom of Establishment): ECJ 10 Nov 2022

Google and Alphabet v Commission (Google Shopping) (Competition – Abuse of Dominant Position – Online General Search Services and Specialised Product Search Services – Judgment): ECFI 10 Nov 2021

Search Engine Leveraging Abuse Competition – Abuse of dominant position – Online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Leveraging abuse – Competition on the merits or anticompetitive practice – Conditions of access by competitors to a … Continue reading Google and Alphabet v Commission (Google Shopping) (Competition – Abuse of Dominant Position – Online General Search Services and Specialised Product Search Services – Judgment): ECFI 10 Nov 2021

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population. Held: In a reclaiming motion, it is normal for the court to proceed on the basis of … Continue reading The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

Scotch Whisky Association and Others for Judicial Review: SCS 11 Jul 2014

Extra Division, Inner House – Further application for leave to intervene. Judges: Lord Eassie, Lord Menzies, Lord Brodie Citations: [2014] ScotCS CSIH – 64 Links: Bailii Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012 Outer House – application by Alcohol Focus Scotland for permission to intervene … Continue reading Scotch Whisky Association and Others for Judicial Review: SCS 11 Jul 2014

Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ Citations: [2014] ScotCS CSIH – 38 Links: Bailii Statutes: Alcohol (Minimum Pricing) (Scotland) Act 2012 Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

Harman International Industries (Opinion): ECJ 16 Jun 2022

Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – European Union trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by the European Union trade mark – Burden of proof – Effective judicial protection Citations: C-175/21, [2022] EUECJ C-175/21_O, ECLI:EU:C:2022:481 Links: … Continue reading Harman International Industries (Opinion): ECJ 16 Jun 2022

The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum price at 50 pence per unit of alcohol. Held: The claim was rejected Judges: Lord Doherty … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine industry and trade respectively (‘the petitioners’). The petitioners’ application is for judicial review of the Alcohol … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Commission v Italy (Free Movement Of Goods): ECJ 10 Feb 2009

ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State Road safety Market access Obstacle Proportionality. Citations: C-110/05, [2009] EUECJ C-110/05, [2009] 2 CMLR … Continue reading Commission v Italy (Free Movement Of Goods): ECJ 10 Feb 2009

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 – 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

Zenith Media Communications: ECJ 10 Nov 2022

Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Penalty imposed by the national competition authority – Determination of the amount of the fine – Consideration of turnover in the profit and loss account – Request for the national competition authority to take into account a … Continue reading Zenith Media Communications: ECJ 10 Nov 2022

Direktor Na Direktsia Obzhalvane I Danachno-Osiguritelna Praktika: ECJ 13 Oct 2022

Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – Article 325(1) TFEU – Obligation to counter illegal activities affecting the financial interests of the European Union – VAT debts of a taxable legal person – National legislation which … Continue reading Direktor Na Direktsia Obzhalvane I Danachno-Osiguritelna Praktika: ECJ 13 Oct 2022

F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013

ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of … Continue reading F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013

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

United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

Schenker And Co Ag And Others: ECJ 28 Feb 2013

ECJ Opinion – Competition – Agreements, decisions and concerted practices – Article 85 EEC, Article 81 EC and Article 101 TFEU – Regulation (EEC) No 17 – Regulation (EC) No 1/2003 – Error by an undertaking as to whether its conduct is contrary to competition law (error of law) – Attributability of the error of … Continue reading Schenker And Co Ag And Others: ECJ 28 Feb 2013

Ordem Dos Tecnicos Oficiais De Contas v Autoridade Da Concorrencia: ECJ 28 Feb 2013

ECJ Association of chartered accountants – Rules relating to a system of compulsory training for chartered accountants – Article 101 TFEU -Association of undertakings – Restriction of competition – Justifications – Article 106(2) TFEU Judges: R Silva de Lapuerta P Citations: C-1/12, [2013] EUECJ C-1/12 Links: Bailii European Updated: 14 November 2022; Ref: scu.471528

LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013

ECJ Citizenship of the Union – Freedom of movement for workers – Principle of equal treatment – Article 45(2) TFEU – Regulation (EEC) No 1612/68 – Article 7(2) – Directive 2004/38/EC – Article 24(1) and (2) – Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student … Continue reading LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013

Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 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

Inpost Paczkomaty v Commission (Judgment): ECJ 17 Dec 2020

Appeal – State aid – Article 106 (2) TFEU – Services of general economic interest (SGEI) – Framework of the European Union – Application to State aid in the form of public service compensation – Postal sector – Directive 97/67 / EC – Article 7 – Compensation for the net cost resulting from universal service … Continue reading Inpost Paczkomaty v Commission (Judgment): ECJ 17 Dec 2020

Inuit Tapiriit Kanatami And Others v European Parliament and Council of The European Union: ECJ 17 Jan 2013

ECJ Opinion – Appeal – Regulation (EC) No 1007/2009 – Trade in seal products – Ban on placing on the market in the European Union – Exceptions for Inuit communities – Standing of natural and legal persons to institute proceedings under the fourth paragraph of Article 263 TFEU – Notion of ‘regulatory act’ and distinction … Continue reading Inuit Tapiriit Kanatami And Others v European Parliament and Council of The European Union: ECJ 17 Jan 2013

European Commission v Council Of The European Union: ECJ 17 Jan 2013

ECJ Opinion – State aid – Competence of the Council – Third subparagraph of Article 108(2) TFEU – Existing aid schemes – Proposal for appropriate measures – Effects – Regulation No 659/1999 – Aid for investment in the purchase of agricultural land in Hungary Judges: Mengozzi AG Citations: C-121/10, [2013] EUECJ C-121/10 Links: Bailii Statutes: … Continue reading European Commission v Council Of The European Union: ECJ 17 Jan 2013

European Commission v Ireland: ECJ 19 Dec 2012

ECJ Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Incorrect transposition – Annexe II – Point 1(a) to (c) – Judgment of the Court of Justice – Finding of infringement – Article 260 TFEU – Pecuniary penalties … Continue reading European Commission v Ireland: ECJ 19 Dec 2012

Spain and Italian Republic v Council: ECJ 11 Dec 2012

ECJ Opinion – Actions for annulment – Authorisation of enhanced cooperation under Articles 20 TEU and 329 TFEU for the establishment of a ‘unitary patent’ – Actions for annulment on the grounds of lack of competence, misuse of powers and infringement of the Treaties – Creation of European intellectual property rights – Article 118 TFEU … Continue reading Spain and Italian Republic v Council: ECJ 11 Dec 2012

G M A (Demandeur D’Emploi) (Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38 / EC – Right of residence for more than three months – Article 14 (4) (b) – Job seekers – Reasonable time to take note of job offers that may be suitable for … Continue reading G M A (Demandeur D’Emploi) (Judgment): ECJ 17 Dec 2020

Groupe Canal v Commission (Judgment): ECJ 9 Dec 2020

Appeal – Competition – Agreements – Television distribution – Regulation (EC) No 1/2003 – Article 9 and Article 16, paragraph 1 – Decision making commitments binding – Absolute territorial protection – Misuse of powers – Preliminary assessment – No obligation for the European Commission to take into account considerations relating to the application of Article … Continue reading Groupe Canal v Commission (Judgment): ECJ 9 Dec 2020

LE v Commission (Judgment): ECFI 26 Oct 2022

Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU Citations: T-475/20, [2022] EUECJ T-475/20, ECLI:EU:T:2022:672 Links: Bailii Jurisdiction: European European Updated: 10 November … Continue reading LE v Commission (Judgment): ECFI 26 Oct 2022

Urad Specialnej Prokuratury (Protection of The Financial Interests of The European Union – Criminal Proceedings Concerning Offences Relating To Subsidy Fraud – Judgment): ECJ 1 Oct 2020

Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325 TFEU – Criminal proceedings concerning offences relating to subsidy fraud funded in part from the budget of the European Union – National law not allowing State bodies to obtain, in criminal proceedings, the recovery of subsidies by … Continue reading Urad Specialnej Prokuratury (Protection of The Financial Interests of The European Union – Criminal Proceedings Concerning Offences Relating To Subsidy Fraud – Judgment): ECJ 1 Oct 2020

Instituto Do Cinema E Do Audiovisual (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services for the creation and production of cinematographic and audiovisual works – Subscription television service operators – Subscription tax payable by subscription television operators – Allocation of revenue of the tax – Restriction – Effects that are too random or … Continue reading Instituto Do Cinema E Do Audiovisual (Judgment): ECJ 27 Oct 2022

Secretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016

The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom of movement, a right of residence must nevertheless be granted to a … Continue reading Secretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016

Sanneh and Others v Secretary of State for Work and Pensions: CA 10 Feb 2015

The appeals concerned the question of whether ‘Zambrano carers’, who are non-EU citizens responsible for the care of an EU citizen child, are entitled to social assistance (that is, non-contributory welfare benefits) on the same basis as EU citizens lawfully resident here. Currently, Zambrano carers who are in need and unable to work receive benefits … Continue reading Sanneh and Others v Secretary of State for Work and Pensions: CA 10 Feb 2015

BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012

The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of time, the limitation period being 2 years from the infringement decision. The … Continue reading BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012

European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012

ECJ Failure of a Member State to fulfil obligations – Citizenship of the Union – Right to move and reside freely – Articles 20 TFEU and 21 TFEU – Discrimination on grounds of nationality – Article 18 TFEU – Directive 2004/38/EC – Article 24 – Derogation – Scope – Member State in which reduced fares … Continue reading European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012

Valeri Hariev Belov: ECJ 20 Sep 2012

ECJ Admissibility of the reference for a preliminary ruling – ‘Court or tribunal of a Member State’ within the meaning of Article 267 TFEU – Directive 2000/43/EC – Principle of equal treatment of persons irrespective of racial or ethnic origin – Indirect discrimination – Districts inhabited primarily by people belonging to the Roma community – … Continue reading Valeri Hariev Belov: ECJ 20 Sep 2012

Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social: ECJ 13 Sep 2012

ECJ Opinion – Reference for a preliminary ruling – Regulation (EEC) No 1408/71 – Old-age pension – Calculation of benefits Judges: Mazak AG Citations: C-282/11, [2012] EUECJ C-282/11 Links: Bailii Statutes: Regulation (EEC) No 1408/71 Cited by: Opinion – Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social ECJ … Continue reading Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social: ECJ 13 Sep 2012

Administration Des Contributions En Matiere D’Impots: ECJ 6 Sep 2012

ECJ Freedom of establishment – Article 49 TFEU – Tax legislation – Capital tax – Conditions for granting a reduction in capital tax – Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State – Restriction – Justification – Overriding reasons in the public interest … Continue reading Administration Des Contributions En Matiere D’Impots: ECJ 6 Sep 2012

Hidroelectrica (Internal Market In Electricity – Exports of Electricity – Opinion): ECJ 2 Apr 2020

Question referred for a preliminary ruling – Internal market in electricity – Article 35 TFEU – Free movement of goods – Quantitative restrictions on exports – Measures having equivalent effect – Exports of electricity – National measure according to which electricity producers are obliged to trade all the electricity produced exclusively on a centralised competitive … Continue reading Hidroelectrica (Internal Market In Electricity – Exports of Electricity – Opinion): ECJ 2 Apr 2020

DH (Jamaica) v Secretary of State for The Home Department: CA 21 Dec 2012

Elias LJ said: ‘The right of residence is a right to reside in the territory of the EU. It is not a right to any particular quality of life or to any particular standard of living. Accordingly, there is no impediment to exercising the right to reside if residence remains possible as a matter of … Continue reading DH (Jamaica) v Secretary of State for The Home Department: CA 21 Dec 2012

Blanco Perez v Chao Gomez: ECJ 1 Jun 2010

ECJ Article 49 TFEU Directive 2005/36/EC Freedom of establishment Public health Pharmacies Proximity Provision of medicinal products to the public Operating licence Territorial distribution of pharmacies Establishment of limits based on population density Minimum distance between pharmacies Candidates who have pursued professional activities on part of the national territory Priority Discrimination Judges: Skouris P Citations: … Continue reading Blanco Perez v Chao Gomez: ECJ 1 Jun 2010

Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others: CA 31 Jul 2012

The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the cartel, but their claims were deemed out of time. The claimants appealed. Held: The appeal succeeded. The issue was … Continue reading Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others: CA 31 Jul 2012

Sc Volksbank Romania: ECJ 12 Jul 2012

ECJ Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Articles 22, 24 and 30 – National legislation designed to transpose that directive – Applicability to agreements not included in the material and temporal scope of the directive – Obligations not provided for by the directive – Limitation on the bank charges capable … Continue reading Sc Volksbank Romania: ECJ 12 Jul 2012

Vale Epitesi kft: ECJ 12 Jul 2012

ECJ Articles 49 TFEU and 54 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Cross-border conversion – Refusal to add to register Judges: Lenaerts P Citations: C-378/10, [2012] EUECJ C-378/10, [2011] EUECJ C-378/10 Links: Bailii, Bailii European Updated: 04 November 2022; Ref: scu.463251

HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 17 Apr 2012

ECJ (Freedom To Provide Services) Opinion – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on its territory, advertising of casinos located in other States where the level of legal protection for gamblers in the State concerned is not considered to be equivalent to the level of protection … Continue reading HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 17 Apr 2012

Sanneh, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 30 Apr 2012

Challenge to payment of Zambrano Income Support Judges: Purle HHJ Citations: [2012] EWHC 1840 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Ruiz Zambrano (European Citizenship) ECJ 8-Mar-2011 ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the … Continue reading Sanneh, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 30 Apr 2012

Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020

Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – … Continue reading Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020

Telefonica De Espana v Commission (Interim Relief – Public Procurement – Order): ECJ 22 Jul 2022

Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Article 160(7) of the Rules of Procedure of the Court of Justice Citations: C-478/22, [2022] EUECJ C-478/22P(R)_CO, ECLI:EU:C:2022:598 Links: Bailii Jurisdiction: European European Updated: 03 November 2022; Ref: scu.680923

Erny v Daimler AG: ECJ 28 Jun 2012

ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EEC) No 1612/68 – Article 7(4) – Principle of non-discrimination – Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement – Cross-border workers subject to income tax in the Member State of residence – Notional … Continue reading Erny v Daimler AG: ECJ 28 Jun 2012

Generalstaatsanwaltschaft Berlin (Citizenship of The European Union – Extradition of A Union Citizen To A Third State – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law … Continue reading Generalstaatsanwaltschaft Berlin (Citizenship of The European Union – Extradition of A Union Citizen To A Third State – Judgment): ECJ 17 Dec 2020

International Skating Union v Commission (Competition – Speed Skating Events – Judgment): ECFI 16 Dec 2020

Competition – Association of undertakings – Speed skating events – Decision finding an infringement of Article 101 TFEU – Regulations of a sports federation – Balance between competition law and the specific nature of the sport – Sports betting – Court of Arbitration for Sport – Guidelines on the calculation of fines – Scope of … Continue reading International Skating Union v Commission (Competition – Speed Skating Events – Judgment): ECFI 16 Dec 2020

Istituto Nazionale Della Previdenza Sociale (Freedom of Movement for Persons – Non-Discrimination On Grounds of Nationality – Avoidance of Double Taxation – Judgment): ECJ 30 Apr 2020

Reference for a preliminary ruling – Freedom of movement for persons – Article 21 TFEU – Principle of non-discrimination on grounds of nationality – Article 18 TFEU – Convention for the avoidance of double taxation – Public sector workers – Pensioner residing in a Member State other than that paying retirement pension and who does … Continue reading Istituto Nazionale Della Previdenza Sociale (Freedom of Movement for Persons – Non-Discrimination On Grounds of Nationality – Avoidance of Double Taxation – Judgment): ECJ 30 Apr 2020

Societe Generale (Judgment): ECJ 30 Apr 2020

Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Tax on financial transactions – Transactions relating to derivative financial instruments whose underlying security is a security issued by a company resident in the Member State of taxation – Tax due regardless of the place of conclusion of the transaction … Continue reading Societe Generale (Judgment): ECJ 30 Apr 2020

Auto 24 v Jaguar Land Rover France SAS: ECJ 14 Jun 2012

ECJ Competition – Article 101 TFEU – Motor vehicle sector – Regulation (EC) No 1400/2002 – Block exemption – Selective distribution system – Concept of ‘specified criteria’ concerning a quantitative selective distribution system – Refusal to grant authorisation as a distributor of new motor vehicles – Lack of precise, objective, proportionate and non-discriminatory quantitative selection … Continue reading Auto 24 v Jaguar Land Rover France SAS: ECJ 14 Jun 2012

Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 16 Feb 2012

ECJ Social security – Child benefit – Articles 14(1)(a) and 14a(1)(a) of Regulation (EEC) No 1408/71 – Temporary work in another Member State – Legislation applicable – Right of a Member State other than the competent State to grant child benefit Citations: C-611/10, [2012] EUECJ C-611/10, [2011] EUECJ C-611/10 Links: Bailii, Bailii Cited by: See … Continue reading Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 16 Feb 2012

VBV – Vorsorgekasse: ECJ 7 Jun 2012

ECJ Free movement of capital – Articles 63 TFEU and 65 TFEU – Severance funds – Investment of assets – Investment funds established in another Member State – Investment in such funds permitted only when they are authorised to market their units within the national territory Judges: Lenaerts J Citations: C-39/11, [2012] EUECJ C-39/11 Links: … Continue reading VBV – Vorsorgekasse: ECJ 7 Jun 2012

B and Others v Direct Tax (Judgment): ECJ 14 May 2020

Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Tax legislation – Corporate tax – Parent companies and subsidiaries – Vertical and horizontal tax integration Citations: C-749/18, [2020] EUECJ C-749/18, ECLI:EU:C:2020:370 Links: Bailii Jurisdiction: European European Updated: 27 October 2022; Ref: scu.660171

BAV-TMW Globaler Immobilienspezialfonds v Revenue and Customs (Income Tax/Corporation Tax : Pension Scheme): FTTTx 22 Feb 2019

INCOME TAX – section 186 Finance Act 2004 – relief from tax on income derived from investments held for purposes of registered pension scheme – whether German pension scheme deemed to be registered scheme or eligible to register – whether registration restriction on movement of capital contrary to Article 63 TFEU Citations: [2019] UKFTT 129 … Continue reading BAV-TMW Globaler Immobilienspezialfonds v Revenue and Customs (Income Tax/Corporation Tax : Pension Scheme): FTTTx 22 Feb 2019

Octapharma France Sas v Agence Nationale De Securite Du Medicament Et Des Produits De Sante and Ministere Des Affaires Sociales et De La Sante: ECJ 7 Nov 2013

ECJ Opinion – Approximation of legislation – Directive 2001/83/EC – Directive 2004/27/EC – Directive 2002/98/EC – Scope of application – Labile blood products – Plasma prepared by a method involving an industrial process – Simultaneous or exclusive application of Directive 2001/83 (as amended by Directive 2004/27) and Directive 2002/98 – Article 168(4) TFEU and Member … Continue reading Octapharma France Sas v Agence Nationale De Securite Du Medicament Et Des Produits De Sante and Ministere Des Affaires Sociales et De La Sante: ECJ 7 Nov 2013

Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013

ECJ National administrative procedure – Purely internal situation – Administrative acts – Obligation to state reasons – Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act – Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights … Continue reading Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013

Land Niedersachsen (Periodes Anterieures D’Activite Pertinente) (Judgment): ECJ 23 Apr 2020

Reference for a preliminary ruling – Free movement of workers – Article 45 (1) TFEU – Remuneration – Classification in the steps of a remuneration system – Remuneration system linking the benefit of higher remuneration to the length of service acquired with the same employer – Limitation of the taking into account of previous periods … Continue reading Land Niedersachsen (Periodes Anterieures D’Activite Pertinente) (Judgment): ECJ 23 Apr 2020

Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012

ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of Fundamental Rights of the European Union – Right to fair hearing – Right of access to … Continue reading Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012

ITSA v Commission (Order): ECJ 2 Apr 2020

(Information) Appeal – Article 181 of the Rules of Procedure of the Court – Approximation of laws – Manufacture, presentation and sale of tobacco products and related products – Establishment and operation of a system for the traceability of tobacco products – Delegated regulation and implementing acts – Action for annulment – Admissibility – Article … Continue reading ITSA v Commission (Order): ECJ 2 Apr 2020

Bank Refah Kargaran v Council (Appeal – Action for Damages – Restrictive Measures Taken against Iran – Opinion): ECJ 28 May 2020

(Opinion) Appeal – Action for damages – Restrictive measures taken against Iran – Article 29 TEU – Article 215 TFEU – Jurisdiction of the Court to hear an action seeking compensation – Compensation for the damage allegedly suffered by the applicant as a result of the inclusion of its name in various lists of restrictive … Continue reading Bank Refah Kargaran v Council (Appeal – Action for Damages – Restrictive Measures Taken against Iran – Opinion): ECJ 28 May 2020

Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed … Continue reading Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020

Ministero dell’Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group Srl and Others: ECJ 4 Mar 2015

ECJ (Judgment) Reference for a preliminary ruling – Article 191(2) TFEU – Directive 2004/35/EC – Environmental liability – National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed … Continue reading Ministero dell’Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group Srl and Others: ECJ 4 Mar 2015

Danske Svineproducenter v Justitsministeriet: ECJ 21 Dec 2011

ECJ Second paragraph of Article 288 TFEU – Regulation (EC) No 1/2005- Protection of animals during transport – Transport by road of domestic animals of the porcine species – Minimum height of compartments – Inspection during a journey – Loading density – Right of Member States to adopt detailed standards Judges: Lenearts J Citations: C-316/10, … Continue reading Danske Svineproducenter v Justitsministeriet: ECJ 21 Dec 2011

Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013

ECJ Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations – Restitution of sums paid but not due – Remedies – National legislation – Curtailment of the limitation period for the applicable remedies without notice and retroactively Judges: M Ilesic P Citations: [2013] EUECJ C-362/12, C-362/12, [2014] … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013

Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013

ECJ Opinion – Recovery of national taxes which are contrary to European Union law – Limitation period for instituting proceedings – National legislation curtailing the limitation period with retroactive effect and without advance notice Judges: Wathelet AG Citations: C-362/12, [2013] EUECJ C-362/12 Links: Bailii Jurisdiction: European Citing: See Also – Test Claimants In The FII … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013

Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012

ECJ Articles 49 TFEU and 63 TFEU – Payment of dividends – Corporation tax – Case C-446/04 – Test Claimants in the FII Group Litigation – Interpretation of the judgment – Prevention of economic double taxation – Equivalence of the exemption and imputation methods – Meaning of ‘tax rates’ and ‘different levels of taxation’- Dividends … Continue reading Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012

Caves Krier Freres SArL v Directeur De L’Administration De L’Emploi: ECJ 27 Sep 2012

ECJ Opinion – Freedom of movement for workers – Articles 21 and 45 TFEU – National legislation – Reimbursement by a Member State of social security contributions to employers that recruit unemployed workers aged 45 and over who register with the competent authorities in that State – Restriction – Justification Judges: Sharpston AG Citations: C-379/11, … Continue reading Caves Krier Freres SArL v Directeur De L’Administration De L’Emploi: ECJ 27 Sep 2012

A Oy: ECJ 19 Jul 2012

ECJ Opinion – Tax law – Freedom of establishment – Directive 2009/133/EEC – National income tax law – Merger of two companies resident in different Member States – Deductibility of losses of the transferring company in the Member State of the receiving company Judges: Kokott AG Citations: C-123/11, [2012] EUECJ C-123/11 Links: Bailii Jurisdiction: European … Continue reading A Oy: ECJ 19 Jul 2012

Google and Alphabet v Commission (Google Android): ECFI 14 Sep 2022

Competition – Abuse of dominant position – Smart mobile devices – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Concepts of multi-sided platform and market (‘ecosystem’) – Operating system (Google Android) – App store (Play Store) – Search and browser applications (Google Search and Chrome) – Agreements … Continue reading Google and Alphabet v Commission (Google Android): ECFI 14 Sep 2022

J Sch Omnibusunternehmen and K Reisen (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Procedures for the award of public contracts – Directive 2014/24/EU – Article 57(4), first subparagraph, point (d) – Optional grounds for exclusion – Agreements with other economic operators with a view to distorting competition – Directive 2014/25/EU – Article 36(1) – Principles of proportionality and equal treatment of tenderers … Continue reading J Sch Omnibusunternehmen and K Reisen (Judgment): ECJ 15 Sep 2022

Ziegler v Commission: ECFI 15 Jan 2015

ECJ Judgment – Non-contractual liability – Competition – International removal services market in Belgium – Removals of officials and other servants of the Union – Decision finding an infringement of Article 101 TFEU – complacency Quote – Scope of responsibility of an institution – Res judicata – Duty of care – Causation Judges: A. Dittrich … Continue reading Ziegler v Commission: ECFI 15 Jan 2015

Staatssecretaris Van Justitie En Veiligheid (Nature Du Droit De Sejour Au Titre De L’Article 20 TFUE) (Judgment): ECJ 7 Sep 2022

Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Third-country national with a right of residence under Article 20 TFEU – Article 3(2)(e) – Residence exclusively for temporary reasons – Autonomous concept of EU law Citations: C-624/20, [2022] EUECJ C-624/20 Links: Bailii Jurisdiction: European … Continue reading Staatssecretaris Van Justitie En Veiligheid (Nature Du Droit De Sejour Au Titre De L’Article 20 TFUE) (Judgment): ECJ 7 Sep 2022

Brisal and KBC Finance Ireland v Fazenda Publica: ECJ 13 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Tax legislation – Taxation of interest received – Difference in treatment between resident financial institutions and non-resident financial institutions Citations: C-18/15, [2016] EUECJ C-18/15 Links: Bailii Jurisdiction: European European Updated: 19 September 2022; Ref: scu.566895

Popperl v Land Nordrhein-Westfalen: ECJ 13 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Civil servant of a Member State who has left the public service in order to be employed in another Member State – National legislation providing in that case for loss of the retirement pension rights acquired in … Continue reading Popperl v Land Nordrhein-Westfalen: ECJ 13 Jul 2016

Commission v Estonia: ECJ 24 Nov 2011

ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – Pensions – Exemption for low income amount – Discrimination between resident and non-resident taxpayers Judges: Mr Niilo Jaaskinen … Continue reading Commission v Estonia: ECJ 24 Nov 2011

National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam: ECJ 8 Sep 2011

ECJ Opinion – Freedom of establishment – Companies – Exit taxation for companies that move their headquarters to another Member State – Establishment and taxation of hidden reserves – unrealized foreign exchange gains Judges: Julianne Kokott AG Citations: C-371/10, [2011] EUECJ C-371/10 Links: Bailii Cited by: Opinion – National Grid Indus v Inspecteur van de … Continue reading National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam: ECJ 8 Sep 2011

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

Alexandrou v Commission: ECFI 12 Nov 2015

ECJ Judgment – Appeal – Civil service – Recruitment – Notice of competition EPSO / AD / 231/12 -Not admission to participate in the assessment tests – Obligation to state reasons – Access to documents – Refusal of access to multiple choice questions posed in the admission tests – Secret of jury work – Regulation … Continue reading Alexandrou v Commission: ECFI 12 Nov 2015

United Kingdom v Parliament And Council: ECJ 12 Nov 2015

ECJ Judgment – Action for annulment – Regulation (EU) No 1316/2013 establishing the Connecting Europe Facility – Projects of common interest which relate to the territory of a Member State – Approval of that State – Extension of a rail freight corridor – Legal basis – Article 171 TFEU and second paragraph of Article 172 … Continue reading United Kingdom v Parliament And Council: ECJ 12 Nov 2015

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

Visnapuu v Kihlakunnansyyttaja: ECJ 12 Nov 2015

Judgment – Reference for a preliminary ruling – Articles 34 TFEU and 110 TFEU – Directive 94/62/EC – Articles 1(1), 7 and 15 – Distance selling and transport of alcoholic beverages from another Member State – Excise duty on certain beverage packaging – Exemption where packaging is integrated into a deposit and return system – … Continue reading Visnapuu v Kihlakunnansyyttaja: ECJ 12 Nov 2015