Search Results for: Treaty on the Functioning of the European Union

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Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

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 territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

European Parliament v Council of the European Union 162111: ECJ 25 Feb 1999

ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives. Europa ‘It is clear from the provisions of the amended regulations that the aims of the Community schemes for the protection of forests … Continue reading European Parliament v Council of the European Union 162111: ECJ 25 Feb 1999

Royal Mail Plc v Office of Communications and Another: CA 7 May 2021

Appeal by Royal Mail plc against a judgment of the Competition Appeal Tribunal dismissing RM’s appeal against a decision of the Office of Communications finding RM guilty of an abuse of its dominant position in the wholesale market for bulk mail delivery services contrary to section 18 of the Competition Act 1998 and Article 102 … Continue reading Royal Mail Plc v Office of Communications and Another: CA 7 May 2021

Sainsbury’s Supermarkets Ltd v Visa Europe Services Llc and Others: SC 17 Jun 2020

This appeal concerns whether certain rules of the Visa and Mastercard payment card schemes have the effect of restricting competition, in breach of article 101(1) of the Treaty on the Functioning of the European Union and equivalent national legislation. Held: The banks’ appeal failed. Judges: Lord Reed (President), Lord Hodge, Lord Lloyd-Jones, Lord Sales, Lord … Continue reading Sainsbury’s Supermarkets Ltd v Visa Europe Services Llc and Others: SC 17 Jun 2020

Western Ferries (Clyde) Ltd v Revenue and Customs: FTTTx 12 Apr 2011

Tonnage Tax; whether Appellants operated qualifying ships; whether ships certified for navigation at sea; No; whether vessels used for estuary or harbour crossings- no; whether crossing within a harbour-no; Schedule 22 to the Finance Act 2000; State Aid; Treaty on the Functioning of the European Union Article 107, 108; Community Guidelines on State Aid to … Continue reading Western Ferries (Clyde) Ltd v Revenue and Customs: FTTTx 12 Apr 2011

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

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

Sinclair Collis Ltd v Lord Advocate: SCS 2012

The pursuer, a cigarette vending machine operator, challenged section 9 of the 2010 Act saying that the section was incompatible with its rights under article A1P1 of the Convention, and with article 34 of the Treaty on the Functioning of the European Union. Held: The claim failed. Citations: [2012] CSIH 80 Statutes: European Convention on … Continue reading Sinclair Collis Ltd v Lord Advocate: SCS 2012

Sainsbury’s Supermarkets Ltd v Mastercard Incorporated and Others: CA 4 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

The LCD Appeals: CA 16 Feb 2018

The court ws asked,in four appeals, as to the territorial scope of Article 101 of the Treaty on the Functioning of the European Union (‘Article 101’) and/or of Article 53 of the Agreement on the European Economic Area (‘Article 53’ and the ‘EEA’ respectively). Judges: Longmore, Henderson, Asplin DBE LJJ Citations: [2018] EWCA Civ 220 … Continue reading The LCD Appeals: CA 16 Feb 2018

Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

EQUAL PAY ACT – Article 141/European law EQUAL PAY ACT – Equal value EQUAL PAY ACT – Other establishments 1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for … Continue reading Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

Capernwray Missionary Fellowship of Torchbearers v Revenue and Customs: UTTC 27 Jun 2015

UTTC VAT – proposed reference to the CJEU – Art 267, Treaty on the Functioning of the European Union – whether questions of EU law should be referred to the CJEU – principles to be applied – ex p Else, Littlewoods considered – whether satisfied that tribunal determining EU law issues on the appeal could … Continue reading Capernwray Missionary Fellowship of Torchbearers v Revenue and Customs: UTTC 27 Jun 2015

Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

Wheeler v The Office of The Prime Minister The Secretary of State for The Home Department: Admn 14 Nov 2014

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

British Airways Plc and Another v Sindicato Espanol De Pilotos De Lineas Aereas and Another: ComC 20 Jun 2013

The court was asked whether it had jurisdiction under the Regulation to determine the claim brought by the Claimants against a Spanish trade union, for damages and declaratory and injunctive relief alleging that strikes of Spanish airline pilots organised by the Union were unlawful under Spanish law in that they were in breach of the … Continue reading British Airways Plc and Another v Sindicato Espanol De Pilotos De Lineas Aereas and Another: ComC 20 Jun 2013

Genzyme Corporation (Patent): IPO 22 Oct 2013

genzymeIPO102013 Supplementary Protection Certificate SPC/GB/04/031 was granted for colesevelam hydrochloride, the active ingredient in the medicinal product Cholestagel [RTM] used to treat hypercholesterolaemia. As part of a request for an extension to the period of protection provided by the granted SPC, the applicant requested that date of expiry for the term of protection of this … Continue reading Genzyme Corporation (Patent): IPO 22 Oct 2013

McCarthy and Others v Secretary of State for the Home Department: ECJ 18 Dec 2014

ECJ Judgment – Grand Chamber – Citizenship of the European Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State – Right of entry – Third-country national who is a family member of a Union citizen and in … Continue reading McCarthy and Others v Secretary of State for the Home Department: ECJ 18 Dec 2014

Slocock v Revenue and Customs: FTTTx 1 Oct 2018

Capital Gains Tax/Taxation of Chargeable Gains : Other – non-resident CGT return – penalties of pounds 1,600 for failure to file return within 30 days of completion of property sale – whether HMRC have shown penalty due: no, Article 13 Protocol 7 to the Treaty for the Functioning of the European Union makes the appellant … Continue reading Slocock v Revenue and Customs: FTTTx 1 Oct 2018

Jackson and others v Attorney General: HL 13 Oct 2005

The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013