Judgment – Failure to fulfill obligations – Environment – Directive 2006/12/EC – Articles 4 and 5 – Waste management – Campania Region – Judgment of the Court – Findings of failure – partial non-performance of the judgment – Article 260, paragraph 2 TFEU – Financial penalties – Penalty payment – Lump sum C-653/13, [2015] EUECJ … Continue reading Commission v Italy – C-653/13: ECJ 16 Jul 2015
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
ECJ Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of income from investment funds – Investment fund’s obligations to communicate and publish certain information – Flat-rate taxation of income from investment funds which do not comply with communication and publication obligations A. Tizzano, P C-326/12, [2014] EUECJ … Continue reading Van Caster And Van Caster (Judgment): ECJ 9 Oct 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
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 (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
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
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
(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
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
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
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
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
Reference for a preliminary ruling – Freedom of movement of persons – Articles 45 TFEU and 49 TFEU – Workers – Employment in the public service – Directive 2005/36/EC – Recognition of professional qualifications – Definition of ‘regulated profession’ – Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium) Citations: … Continue reading Brouillard (Judgment) : ECJ 6 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU, 54 TFEU, 107 TFEU and 108(3) TFEU – Freedom of establishment – State aid – Taxation of groups of companies – Acquisition of a holding in a subsidiary – Depreciation of the goodwill – Limitation on holdings in resident companies Citations: ECLI:EU:C:2015:661, [2015] … Continue reading Finanzamt Linz v Bundesfinanzgericht, Aussenstelle Linz: ECJ 6 Oct 2015
ECJ (Judgment) Request for a preliminary ruling – Competition – State aid – Article 107(1) TFEU – Concept of ‘State aid’ – Property tax on immovable property – Tax exemption Citations: C-522/13, [2014] EUECJ C-522/13 Links: Bailii Statutes: TFEU 107(1) Jurisdiction: European Taxes – Other Updated: 16 August 2022; Ref: scu.537476
ECJ Action for annulment – Definitive adoption of the European Union’s general budget for the financial year 2011 – Act of the President of the Parliament declaring that the budget has been definitively adopted – Article 314(9) TFEU – Establishment by the Parliament and the Council of the European Union’s annual budget- Article 314, introductory … Continue reading Council of The European Union v Kingdom of Spain: ECJ 17 Sep 2013
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
Judges: Roth J Citations: [2014] [EWHC] 1555 (Ch) Links: Bailii Statutes: TFEU 101 Jurisdiction: England and Wales Commercial, European Updated: 24 July 2022; Ref: scu.537531
The company claimants had paid large sums in excess tax under a mistake of European law. Judges: Henderson J Citations: [2014] EWHC 4302 (Ch), [2015] BTC 3, [2015] STI 49, [2015] STC 1471 Links: Bailii Statutes: Value Added Tax Act 1994 94 Jurisdiction: England and Wales Citing: See Also – Test Claimants In The FII … Continue reading The Test Claimants In The FII Group Litigation v HM Revenue and Customs: ChD 18 Dec 2014
ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 2008/1 / EC – Integrated Pollution Prevention and Control – Existing Installation – Authorisation procedure – -Stop Pending proceedings of the Court establishing the existence of a failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum – Penalty payment … Continue reading Commission v Sweden: ECJ 4 Dec 2014
ECJ Judgment – State aid – Airport charges – Lubeck Airport – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Article 107, paragraph 1, TFEU – Manifest error of assessment – Article 10 of Regulation ( EC) 659/1999 Citations: T-461/12, [2014] EUECJ T-461/12 Links: Bailii Statutes: Regulation ( EC) … Continue reading Hansestadt Lubeck v Commission: ECFI 9 Sep 2014
ECJ (Judgment) Failure to fulfill obligations – Article 110 TFEU – Internal taxation – Discriminatory taxation – used motor vehicles imported from other Member States – Determination of taxable value – Depreciation Rates Citations: ECLI: EU: C: 2016 453, C-200/15, [2016] EUECJ C-200/15 Links: Bailii Jurisdiction: European Taxes – Other Updated: 20 May 2022; Ref: … Continue reading Commission v Portugal C-200/15: ECJ 16 Jun 2016
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Citizenship of the Union – Articles 20 and 21 TFEU – Scope – Automatic loss of nationality of a Member State before the accession of this State to the Union – Manifest lack of jurisdiction of the Court … Continue reading Steiermarkische Landesregierung (Perte De Nationalite Avant L’Adhesion De L’Etat Membre A L’Union) (Order): ECJ 15 Mar 2022
Area of Freedom, Security and Justice – Special Procedure for Recognition of A Conviction In Another Member State – Judgment – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account in new criminal proceedings of a previous conviction in another Member State – Special procedure for … Continue reading Lada C-390/16: ECJ 5 Jul 2018
‘The central question in these three appeals is whether the setting of default multilateral interchange fees (‘MIFs’) within the MasterCard and Visa payment card systems contravenes article 101 of the Treaty on the Functioning of the European Union 2012/C326/01 (the ‘TFEU’).[1] Article 101(1) provides that agreements between undertakings which may affect trade between Member States … Continue reading Sainsbury’s Supermarkets Ltd v Mastercard Incorporated and Others: CA 4 Jul 2018
(Opinion) Failure of a Member State to fulfill obligations – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Directive 2006/123 / EC – Articles 15 and 16 – Restrictions – Justification – Necessity – Proportionality – National system of mobile payment – Exclusive right – Monopoly … Continue reading Commission v Hungary – C-171/17: ECJ 14 Jun 2018
Executors appealed against a decision that a residual gift in a will was not charitable and that it was therefore subject to Inheritance Tax arguing that the section if construed in this way was an unlawful restriction on the free movement of capital. The revenue contended that the gift by a Jersey resident was to … Continue reading Routier and Another v Revenue and Customs: CA 16 Sep 2016
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, … Continue reading Singapore Airlines and Singapore Airlines Cargo v Commission: ECFI 30 Mar 2022
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment – Differential treatment based on religion or belief – Professional activities of churches or other organizations whose ethics are based on religion or beliefs beliefs – Religion or belief constituting an essential, legitimate and justified professional … Continue reading Egenberger v Evangelisches Werk fur Diakonie und Entwicklung eV: ECJ 17 Apr 2018
Reference for a preliminary ruling – Taxation – Withholding tax on notional interest on an interest-free loan granted to a resident subsidiary by a non-resident parent company – Directive 2003/49/EC – Payments of interest between associated companies of different Member States – Article 1(1) – Exemption from withholding tax – Article 4(1)(d) – Exclusion of … Continue reading Viva Telecom Bulgaria (Taxation – Withholding Tax On Notional Interest On An Interest-Free Loan – Judgment): ECJ 24 Feb 2022
Non-Discrimination – Extradition To The United States of America – Judgment – Reference for a preliminary ruling – Citizenship of the Union – Articles 18 and 21 TFEU – Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement – Extradition agreement … Continue reading Pisciotti v Bundesrepublik Deutschland: ECJ 10 Apr 2018
Competition – Agreements, decisions and concerted practices – Truck manufacturers market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies and the passing on to customers of … Continue reading Scania and Others v Commission: ECFI 2 Feb 2022
Competition – Agreements, Decisions and Concerted Practices – Yen Interest Rate Derivatives Sector : Judgment – – Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates – Restriction of competition by object – Participation of a broker … Continue reading Icap and Others v Commission: ECFI 10 Nov 2017
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) Competition – Agreements – French Market analyzes of Medical Biology – Decision finding an infringement of Article 101 TFEU – Association of undertakings – Professional body – Purpose of inspection and investigation – Conditions for application of Article 101 TFEU – Infringement by object – Minimum price and barriers to the development of … Continue reading ONP And Others v Commission: ECFI 10 Dec 2014
ECJ (Financial Aid – General Programme ‘Fundamental Rights and Justice’ – Action for Annulment : Judgment) Financial aid – General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 – Specific Programme ‘Civil Justice’ – Action for annulment – Enforceable decision – Article 299 TFEU – Powers of the author of the act – Principle … Continue reading ADR Center v Commission: ECFI 20 Jul 2017
(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Obligation to register a vehicle owned by a person resident in Belgium and intended for use in Italy Citations: C-420/15, [2017] EUECJ C-420/15, ECLI:EU:C:2017:408 Links: Bailii Jurisdiction: European Road Traffic, Employment Updated: 26 March 2022; Ref: scu.584353
ECJ (Judgment) Reference for a preliminary ruling – Article 96 TFEU – Applicability – National legislation prohibiting taxi services from offering individual seats – National legislation prohibiting taxi services from predetermining their destination – National legislation prohibiting taxi services from touting for custom) Citations: ECLI:EU:C:2017:211, [2017] EUECJ C-253/16 Links: Bailii Jurisdiction: European Licensing Updated: 23 … Continue reading Flibtravel International and Leonard Travel International v AAL Renting SA and Others: ECJ 15 Mar 2017
ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information … Continue reading Villeroy and Boch v Commission: ECJ 26 Jan 2017
ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information … Continue reading Villeroy and Boch, Austria v Commission: ECJ 26 Jan 2017
ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information … Continue reading Villeroy and Boch v Commission C-644/13: ECJ 26 Jan 2017
ECJ (Judgment) Appeal – Competition — Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Price coordination and exchange of sensitive business information … Continue reading Villeroy and Boch – Belgium v Commission: ECJ 26 Jan 2017
ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social … Continue reading Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016
ECJ Articles 53(2) and 99 of the Rules of Procedure of the Court – Social policy – Principle of equal treatment – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Fixed-term employment contracts in the public sector – Determination of length of service – Difference … Continue reading Vino C-161/11: ECJ 22 Jun 2011
ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the … Continue reading Autorita per l’energia elettrica e il gas v Bertazzi (Order 2): ECJ 7 Mar 2013
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016
(Order) Reference for a preliminary ruling – Article 53 (2) and Article 94 of the Rules of Procedure of the Court – Competition – Article 101 TFEU – Lack of sufficient details concerning the factual and regulatory context of the main proceedings as well as the reasons justifying the need to an answer to the … Continue reading Boe Aquitaine SELARL v Mercialys SA: ECJ 19 Mar 2020
(Judgment) Reference for a preliminary ruling – Social policy – Directive 1999/70 / EC – CES, UNICE and CEEP framework agreement on fixed-term employment – Clause 4 – Principle of non-discrimination – Clause 5 – Measures to prevent abuses resulting from ” use of successive fixed-term employment contracts or relationships – Compensation in the event … Continue reading Baldonedo Martin v Ayuntamiento of Madrid: ECJ 22 Jan 2020
FTTTx EXCISE DUTY -conditions imposed on WOWGR – first appellant in breach – whether UK legislation under which conditions imposed authorised by EU Directive – whether conditions in breach of TFEU – whether conditions proportionate – ex parte Lumsdon considered – question to be referred to CJEU – appeal dismissed in part [2016] UKFTT 286 … Continue reading Pierhead Drinks Ltd v Revenue and Customs (Excise Duty Appeals : Other): FTTTx 25 Apr 2016
ECJ (Judgment) Reference for a preliminary ruling – Freedom of establishment – Article 49 TFEU – Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax – Application of that legislation to branches established in another Member State in … Continue reading Sparkasse Allgau v Finanzamt Kempten: ECJ 14 Apr 2016
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 … Continue reading Singapore Airlines And Singapore Airlines Cargo Pte v Commission: ECFI 16 Dec 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 … Continue reading SAS Cargo Group And Others v Commission: ECFI 16 Dec 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 … Continue reading Koninklijke Luchtvaart Maatschappij v Commission: ECFI 16 Dec 2015
Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement … Continue reading Japan Airlines v Commission: ECFI 16 Dec 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 … Continue reading Martinair Holland v Commission: ECFI 16 Dec 2015
(Judgment) Appeal – Customs Union and Common Customs Tariff – Regulation (EU) No 861/2010 – Actions for annulment – Fourth paragraph of Article 263 TFEU – Regulatory act not entailing implementing measures – Release of goods and communication of the amount of the duties – Use of simplified procedures or data-processing techniques ECLI:EU:C:2015:805, [2015] EUECJ … Continue reading Kyocera Mita Europe v Commission: ECJ 10 Dec 2015
Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of … Continue reading Latam Airlines Group And Lan Cargo v Commission: ECFI 16 Dec 2015
(Judgment) Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the … Continue reading Cathay Pacific Airways v Commission T-38/11: ECFI 16 Dec 2015
ECJ Judgment – Competition – Cartels – European market in air freight – Agreements and concerted practices on several elements of the prices of air cargo services (fuel surcharges establishment and security surcharges, refusal to pay a commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the … Continue reading Air France v Commission: ECFI 16 Dec 2015
ECJ Judgment – Appeal – Public service contracts – Joint Action 2008/124/CFSP – Call for tenders for helicopter support for the Eulex Mission in Kosovo – Action brought against the decision awarding the contract – Article 24(1), second subparagraph, TEU – Article 275, first subparagraph, TFEU – Common foreign and security policy (CFSP) – Jurisdiction … Continue reading Elitaliana v Eulex Kosovo: ECJ 12 Nov 2015
ECJ (Judgment) Failure to fulfill obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum and penalty payment C-167/14, [2015] EUECJ C-167/14, ECLI:EU:C:2015:684 Bailii Directive 91/271/EEC European, Environment Updated: 05 January 2022; Ref: scu.553612
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 51 TFEU – Freedom of establishment – Directive 2006/123/EC – Scope – Services in the internal market – Directive 2009/40/EC – Access to vehicle roadworthiness testing activities – Exercise by a private body – Activities connected with the exercise of official authority … Continue reading Grupo Itevelesa And Others v OCA Inspeccion Tecnica de Vehiculos SA: ECJ 15 Oct 2015
Judgment -(Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – Financial crisis – Aid to the financial sector – Compatibility of aid with the internal market – Decision of the European Commission – Financial entity undergoing restructuring – Dismissal of an employee – National rules concerning the levels of redundancy payments … Continue reading Iglesias Gutierrez and Another v Bankia SA and Others: ECJ 15 Oct 2015
ECJ Judgment – Action for annulment – United Nations Convention on the Law of the Sea – International Tribunal for the Law of the Sea – Illegal, unreported and unregulated fishing – Advisory opinion proceedings – Submission by the European Commission of a written statement on behalf of the European Union – No prior approval … Continue reading Council v Commission C-73/14: ECJ 6 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Independence – Compulsory jurisdiction – Directive 89/665/EEC – Article 2 – Bodies responsible for review procedures – Directive 2004/18/EC – Articles 1(8) and 52 – Public … Continue reading Consorci Sanitari Del Maresme v Corporacio de Salut del Maresme i la Selva: ECJ 6 Oct 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous … Continue reading Samsung Sdi And Others v Commission: ECFI 9 Sep 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Proof of participation … Continue reading Toshiba v Commission: ECFI 9 Sep 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous … Continue reading Koninklijke Philips Electronics NV v Commission: ECFI 9 Sep 2015
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Rights of the … Continue reading Panasonic and Mt Picture Display v Commission: ECFI 9 Sep 2015
Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous infringement … Continue reading LG Electronics v Commission: ECFI 9 Sep 2015
ECJ (Grand Chamber) Judgment – Actions for annulment – Regulation (EU) No 1289/2013 – Article 1(1) and (4) – Regulation (EC) No 539/2001 – Article 1(4)(f) – Article 290 TFEU – Suspension of exemption from the visa requirement – Insertion of a footnote – Amendment of the legislative act V. Skouris, P C-88/14, [2015] EUECJ … Continue reading Commission v Parliament and Council: ECJ 16 Jul 2015
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 3 – Beneficiaries – Family members of the Union citizen – Article 2(2)(a) – Definition of ‘spouse’ – Marriage … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 5 Jun 2018
ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU and Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of value of sales – Joint … Continue reading LG Display And LG Display Taiwan v Commission: ECJ 23 Apr 2015
ECJ Judgment – Action for annulment – Macro-financial assistance to third countries – Decision of the Commission to withdraw a proposal for a framework regulation – Articles 13(2) TEU and 17 TEU – Article 293 TFEU – Principle of conferral of powers – Principle of institutional balance – Principle of sincere cooperation – Article 296 … Continue reading Council v Commission: ECJ 14 Apr 2015
(1) An appellant in an Article 8 human rights appeal who argues that there is no public interest in removal because after leaving the UK he or she will be granted entry clearance must, in all cases, address the relevant considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020
ECJ (Judgment) Failure to fulfill obligations – Article 49 TFEU – Freedom of establishment – Port companies – Management of workers for the provision of handling freight service – No use in the labor market C-576/13, [2014] EUECJ C-576/13, ECLI: EU: C: 2014: 2430 Bailii TFEU 49 European Updated: 24 December 2021; Ref: scu.539893
ECJ Judgment – State aid – Financial sector – State Guarantee accompanying a bank loan – Aid to remedy a serious disturbance in the economy of a Member State – Article 107, paragraph 3, sub b) TFEU – Decision declaring the aid incompatible with the common market – Guidelines on State aid for rescuing and … Continue reading Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to … Continue reading De Clercq And Others: ECJ 3 Dec 2014
ECJ Article 267 TFEU – Direct referral by the parties – Manifest lack of jurisdiction C-243/14, [2014] EUECJ C-243/14 – CO, ECLI: EU: C: 2014: 2357 Bailii European Updated: 23 December 2021; Ref: scu.539173
Application for permission to bring a claim for judicial review of a proposed decision by Her Majesty’s Government to give notice pursuant to Article 10(5) of Protocol 36 to the Treaty on the Functioning of the European Union (‘The TFEU’) that the United Kingdom wishes to participate in the Council Framework Decision on the European … Continue reading Wheeler v The Office of The Prime Minister The Secretary of State for The Home Department: Admn 14 Nov 2014
ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid … Continue reading Banco Santander And Santusa v Commission: ECFI 7 Nov 2014
ECJ Judgment – State aid – Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Action for annulment – No substantial effect on the competitive position – Locus standi – Procedural … Continue reading Vtesse Networks v Commission: ECFI 5 Nov 2014
ECFI Judgment – State aid – Electricity – Preferential rates – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Action for annulment – Non-actionable measure – Measure completely performed using the date of commencement of proceedings – Inadmissible T-129/13, [2014] EUECJ T-129/13, ECLI: EU T: 2014 895 Bailii TFEU … Continue reading Alpiq Romindustries and Alpiq Romenergie v Commission: ECFI 16 Oct 2014
ECFI Judgment – State aid – Electricity – Preferential tariffs – Decision to initiate the procedure provided for in Article 108(2) TFEU – Action for annulment – Act not open to challenge – Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought – … Continue reading Alro SA v Commission: ECFI 16 Oct 2014
ECJ (Judgment) Reference for a preliminary ruling – Charges having equivalent effect to customs duties – Internal taxes – Import levy on manure imported into the Flanders region – Articles 30 TFEU and 110 TFEU – Levy payable by the importer – Different levies on imported manure and manure produced within the Flanders region JL … Continue reading Orgacom BVBA v Vlaamse Landmaatschappij: ECJ 2 Oct 2014
ECJ Advocate General’s Opinion – Freedom of movement for workers – Posted workers – Pay claims deriving from an employment relationship – Regulation (EC) No 593/2008 (Rome I Regulation) – Choice of law – Article 8 – Law applicable to individual employment contracts – Article 14 – Assignment of pay claims to a trade union … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Procedures for the award of public service contracts – National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public … Continue reading Bundesdruckerei GmbH v Stadt Dortmundc: ECJ 18 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 54 TFEU – Freedom of establishment – Articles 63 TFEU and 65 TFEU – Free movement of capital – Tax legislation – Corporation tax – Legislation of a Member State designed to eliminate double taxation of distributed profits – Imputation method applied … Continue reading Kronos International Inc v Finanzamt Leverkusen: ECJ 11 Sep 2014
ECJ Judgment – Article 267 TFEU – National constitution – Interlocutory procedure for the mandatory review of constitutionality – Assessment as to whether a national law is consistent both with EU law and with national constitutional law – Jurisdiction and the enforcement of judgments in civil and commercial matters – Where the defendant has no … Continue reading A v B and Others: ECJ 11 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45(1) and (4) TFEU – Concept of worker – Employment in the public service – Post of President of a Port Authority – Participation in the exercise of powers of a public authority – Nationality requirement R. Silva de … Continue reading Haralambidis v Calogero Casilli: ECJ 10 Sep 2014
ECJ Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – … Continue reading Commission v Italian Republic and Greece: ECJ 4 Sep 2014
ECJ (Judgment) – Action for annulment – External action of the European Union – International agreements – Protection of neighbouring rights of broadcasting organisations – Negotiations for a Convention of the Council of Europe – Decision of the Council and the Representatives of the Governments of the Member States authorising the joint participation of the … Continue reading Commission v Council: ECJ 4 Sep 2014
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
ECJ Judgment – Failure to fulfill obligations – Free movement of capital – Articles 21 TFEU and 63 TFEU – EEA Agreement – Articles 28 and 40 – Tax on inheritance and gift – Division of fiscal powers – Discrimination between residents and non-residents – Discrimination based the location of the property – Burden of … Continue reading Commission v Spain: ECJ 3 Sep 2014
ECJ (Order Of The Court) (French Text) – Preliminary ruling – Protection of public health – National legislation laying down an obligation to vaccinate minors – Right of parents to refuse vaccination – Article 168 TFEU, Charter of Fundamental Rights of the European Union – Articles 33 and 35 – Implementation implementation of EU law … Continue reading Siroka v Urad verejneho zdravotnictva Slovenskej Republiky: ECJ 17 Jul 2014
ECJ (Advocate General’s Opinion) External relations – EEC-Turkey Association Agreement – Coordination of social security systems – Envisaged decision of the EEC-Turkey Association Council on the basis of the system under Regulation (EC) No 883/2004 – Council Decision 2012/776/EU on the position to be taken by the European Union within the Association Council – Choice … Continue reading United Kingdom v Council: ECJ 17 Jul 2014
ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014
