ECJ (Judgment) Reference for a preliminary ruling – Articles 34 TFEU and 36 TFEU – Free movement of goods – National legislation – Prescription-only medicinal products for human use – Sale by pharmacies – Setting of fixed prices – Quantitative restriction on imports – Measure having equivalent effect – Justification – Protection of the health … Continue reading Deutsche Parkinson Vereinigung: ECJ 19 Oct 2016
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
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
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
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
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
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice cream contravened articles 81 and 82. On 28 May 1992 the High Court dismissed the … Continue reading Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000
ECJ (Judgment) Appeal – Resource conservation measures and restructuring of the fisheries sector – Requests for increased safety tonnage – Annulment by the European Union judicature of the decision initially rejecting those requests – Article 266 TFEU – Repeal of the legal basis on which that initial decision was founded – Competence and legal basis … Continue reading Commission v McBride And Others: ECJ 14 Jun 2016
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years … Continue reading Sosiaali- Ja Terveysalan Lupa- Ja Valvontavirasto (Formation Medicale De Base): ECJ 3 Mar 2022
ECJ Appeal – Non-contractual liability of the European Union – Action for damages – Commission decision to initiate a formal investigation procedure – Prejudicial statements – Appeal in part manifestly inadmissible and in part manifestly unfounded 1. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – … Continue reading Idromacchine and Others v Commission: ECJ 3 Sep 2013
ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Medicinal products for human use – Directive 2004/18/EC – Article 2 and Article 23(2) and (8) – Articles 34 and 36 TFEU – Public contract for supplying a hospital – National legislation requiring that hospitals are to be supplied as a matter of priority … Continue reading Medisanus doo v Splosna Bolnisnica Murska Sobota: ECJ 8 Jun 2017
ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Articles 34 to 36 TFEU – Purely domestic situation – Food safety – Regulation (EC) No 178/2002 – Article 6 – Principle of risk analysis – Article 7 – Precautionary principle – Regulation (EC) No 1925/2006 – Member State legislation prohibiting the … Continue reading Queisser Pharma: ECJ 19 Jan 2017
(Opinion) Reference for a preliminary ruling – Medicines for human use not subject to compulsory medical prescription – Online sale – Advertising for the website of a pharmacy dispensary – Limitations – Obligation to have the patient complete a health questionnaire before the validation of his first order on the website of a pharmacy dispensary … Continue reading AT v Daniel B and Others: ECJ 27 Feb 2020
(Judgment) Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Extent of harmonised field – Registration of chemical substances with the European Chemicals Agency before placing them on the market – Article 5 – National chemical product register – Notification requirement for registration … Continue reading Canadian Oil Company Sweden And Ranten v Riksaklagaren: ECJ 17 Mar 2016
ECJ Judgment – Freedom to provide services – Article 56 TFEU – Games of chance – Public monopoly on betting on sporting competitions – Prior administrative authorisation – Exclusion of private operators – Collection of bets on behalf of an operator established in another Member State – Criminal penalties – National provision contrary to EU … Continue reading Sebat Ince: ECJ 4 Feb 2016
ECJ (Judgment) Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 5 – Freedom to provide services – Directive 2006/123/EC – Articles 16 and 17(6) – Article 56 TFEU – Tax consultancy company established in a Member State and providing services in another Member State – Legislation of a … Continue reading X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord: ECJ 17 Dec 2015
ECJ Judgment – Reference for a preliminary ruling – Free movement of goods – Articles 34, 35 and 36 TFEU – Measures having equivalent effect – Directive 94/11/EC – Articles 3 and 5 – Exhaustive harmonisation – Bar on impeding the placing on the market of footwear which complies with the labelling requirements of Directive … Continue reading Unic And Uni Co Pel v FS Retail and others: ECJ 16 Jul 2015
ECJ Judgment – Appeals – Article 340, first paragraph, TFEU – Contractual liability of the European Union – Article 272 TFEU – Arbitration clause – Sixth framework programme for research, technological development and demonstration activities – Contracts relating to the Ontogov, FIT and RACWeb projects – Eligible costs and amounts advanced by the Commission – … Continue reading Planet v Commission: ECJ 26 Feb 2015
ECJ Judgment – Reference for a preliminary ruling – Freedom of establishment – Freedom of movement for workers – Non-discrimination – Article 346(1)(b) TFEU – Protection of a Member State’s essential security interests – Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading … Continue reading Schiebel Aircraft v Bundesminister fur Wirtschaft, Familie und Jugend: ECJ 4 Sep 2014
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Statement of objections – 2006 Guidelines on the method of setting fines – Value of … Continue reading Tokin v Commission (Competition – Agreements, Decisions and Concerted Practices): ECFI 29 Sep 2021
Failure to fulfill obligations – Articles 34 TFEU and 36 TFEU – Measures having equivalent effect to quantitative restrictions on imports – complementary private goods transport – the first vehicle of the fleet of a company – Rules for licensure road transport – Road safety and environmental protection C-428/12, [2014] EUECJ C-428/12 Bailii European Updated: … Continue reading Commission v Spain: ECJ 3 Apr 2014
ECJ Failure of a Member State to fulfil obligations – Registration of motor vehicles – Articles 34 TFEU and 36 TFEU – Directive 70/311/EEC – Directive 2007/46/EC – Driving on the right in a Member State – Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles … Continue reading Commission v Poland: ECJ 20 Mar 2014
ECJ Third paragraph of Article 267 TFEU – Scope of the obligation on courts of final instance to make a reference for a preliminary ruling – Article 101 TFEU – Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession L. Bay … Continue reading Consiglio Nazionale Dei Geologi v Autorita Garante Della Concorrenza E Del Mercato: ECJ 18 Jul 2013
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification … Continue reading Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015
UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015
