Search Results for: Article 39 EC

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Article 39, Regina (on The Application of) v Secretary of State for Education: CA 24 Nov 2020

Appeal against an order dismissing the appellant’s claim for judicial review by which it sought to challenge the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 introduced by the Secretary of State for Education in response to the outbreak of the Covid-19 pandemic. The Amendment Regulations introduced a range of temporary amendments to ten statutory instruments … Continue reading Article 39, Regina (on The Application of) v Secretary of State for Education: CA 24 Nov 2020

RHH Renneberg v Staatssecretaris van Financien (Free Movement Of Persons): ECJ 16 Oct 2008

Europa Freedom of movement for workers Article 39 EC Tax legislation Income tax Determination of the basis of assessment National of a Member State receiving all or almost all of his income in that State Residence in a different Member State. Citations: C-527/06, [2008] EUECJ C-527/06 Links: Bailii Jurisdiction: European European Updated: 20 December 2022; … Continue reading RHH Renneberg v Staatssecretaris van Financien (Free Movement Of Persons): ECJ 16 Oct 2008

Savitskiy v Russia: ECHR 8 Nov 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 35839/13, [2022] ECHR 928 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682634

Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009

An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea. Held: The fact that the sea conditions were within the range of what might be expected did not mean that the court must conclude … Continue reading Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009

O2 Holdings Limited and O2 (UK) Limited v Hutchison 3G UK Limited: ECJ 12 Jun 2008

Use of trade mark in coparative advertising Europa Trade marks Directive 89/104/EEC Article 5(1) Exclusive rights of the trade mark proprietor Use of a sign identical with, or similar to, a mark in a comparative advertisement Limitation of the effects of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EC Article 3a(1) Conditions under … Continue reading O2 Holdings Limited and O2 (UK) Limited v Hutchison 3G UK Limited: ECJ 12 Jun 2008

Kaufring v Commission T-293/97 (Customs Union): ECJ 10 May 2001

E J Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-293/97, [2001] EUECJ T-293/97 Links: Bailii Jurisdiction: European … Continue reading Kaufring v Commission T-293/97 (Customs Union): ECJ 10 May 2001

Kaufring v Commission T-191/97 (Customs Union): ECJ 10 May 2001

ECJ Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-191/97, [2001] EUECJ T-191/97 Links: Bailii Jurisdiction: European Customs … Continue reading Kaufring v Commission T-191/97 (Customs Union): ECJ 10 May 2001

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002

Sladkova v The Czech Republic: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 15741/15, [2022] ECHR 987 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682639

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Blv Wohn-Und Gewerbebau Gmbh v Finanzamt Ludenscheid: ECJ 13 Dec 2012

ECJ Taxation – Sixth VAT Directive – Decision 2004/290/EC – Manner in which a Member State applies a derogating measure – Authorisation – Article 2, point (1) – ‘Construction work’ – Interpretation – Supplies of goods covered – Possibility for the derogating measure to be applied only in part – Restrictions Citations: C-395/11, [2012] EUECJ … Continue reading Blv Wohn-Und Gewerbebau Gmbh v Finanzamt Ludenscheid: ECJ 13 Dec 2012

Ziegler Sa v European Commission: ECJ 13 Dec 2012

ECJ Appeal – Competition – Cartels – Article 81(1) EC and Article 53(1) EEA – Legal effects of Commission guidelines – Appreciable effect on trade between Member States – Setting of fines – Effective judicial review – Right to fair legal process – Objective impartiality of the Commission – Principle of equal treatment and non-discrimination … Continue reading Ziegler Sa v European Commission: ECJ 13 Dec 2012

Crown Prosecution Service v M and B: CACD 11 Dec 2009

Appeal by the Crown against the trial judge’s ruling rejecting the submission that the offence of bringing a prohibited article into prison under section 40C(1)(a) of the Prison Act 1952 as amended is an offence of absolute or strict liability which does not require the prosecution to prove any element of mens rea. Held: Dismissed. … Continue reading Crown Prosecution Service v M and B: CACD 11 Dec 2009

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Austrianu v Romania: ECHR 12 Feb 2013

ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

Lidl Italia Srl v Comune di Arcole (VR) (Environment and Consumers): ECJ 23 Nov 2006

Europa Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Scope of the obligations under Articles 2, 3 and 12 – Compulsory statement of the alcoholic strength by volume for certain alcoholic beverages – Alcoholic beverage produced in a Member State other than that in which the distributor … Continue reading Lidl Italia Srl v Comune di Arcole (VR) (Environment and Consumers): ECJ 23 Nov 2006

Ivanov And Others v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 47391/15, [2022] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682606

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

Kornicka-Ziobro v Poland: ECHR 20 Oct 2022

ECHR Judgment : Article 2 – Right to life : First Section Citations: 23037/16, [2022] ECHR 911 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682339

Pierre Fabre Dermo-Cosmetique (Competition): ECJ 3 Mar 2011

ECJ Article 81(1) EC – Competition – Selective distribution – General and absolute ban on selling cosmetics and personal care products to end-users via the internet – Restriction of competition by object – Regulation (EC) No 2790/1999 – Article 4(c) – Restriction of active and passive sales – Hardcore restriction – Individual exemption – Article … Continue reading Pierre Fabre Dermo-Cosmetique (Competition): ECJ 3 Mar 2011

Germany v Commission C-277/00: ECJ 29 Apr 2004

(Judgment) Action for annulment State aid Decision 2000/567/EC Aid implemented by the Federal Republic of Germany for System Microelectronic Innovation GmbH, Frankfurt an der Oder (Brandenburg) Article 88(2) EC Rights of the defence Compatibility with the common market Article 87(1) EC Recovery of unlawful aid Recovery from undertakings other than the initial beneficiary Citations: [2004] … Continue reading Germany v Commission C-277/00: ECJ 29 Apr 2004

Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

Article 3 Degrading treatment Handcuffing of patient on her way to a psychiatric hospital: violation Facts – The applicant underwent cancer surgery and chemotherapy in April 2009. In October 2009 her husband called for medical assistance as she was suffering from anxiety and distress. On the advice of medical practitioners the applicant was transferred to … Continue reading Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

DC (Trafficking, Protection/Human Rights Appeals : Albania): UTIAC 3 Sep 2019

In the light of the judgment of Flaux LJ in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 and subsequent decisions of the Upper Tribunal and Administrative Court, a tribunal deciding a protection or human rights appeal, which concerns alleged trafficking within the scope of the Council of Europe … Continue reading DC (Trafficking, Protection/Human Rights Appeals : Albania): UTIAC 3 Sep 2019

Chege (Section 117D D Article 8 D Approach : Kenya): UTIAC 5 Mar 2015

The correct approach, where an appeal on human rights grounds has been brought in seeking to resist deportation, is to consider: i. is the appellant a foreign criminal as defined by s117D (2) (a), (b) or (c); ii. if so, does he fall within paragraph 399 or 399A of the Immigration Rules; iii. if not … Continue reading Chege (Section 117D D Article 8 D Approach : Kenya): UTIAC 5 Mar 2015

Kabia (MF: Para 398 – Exceptional Circumstances) (Gambia): UTIAC 29 Aug 2013

(1) The new rules relating to article 8 claims advanced by foreign criminals seeking to resist deportation are a complete code and the exceptional circumstances to be considered in the balancing exercise involve the application of a proportionality test as required by the Strasbourg jurisprudence: MF (Nigeria) v Secretary of State for the Home Department … Continue reading Kabia (MF: Para 398 – Exceptional Circumstances) (Gambia): UTIAC 29 Aug 2013

JN v Poland: ECHR 10 Nov 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607

Georgios Orfanopoulos and Others v Land Baden-Wurttemberg.: ECJ 29 Apr 2004

When considering a claim to resist deportation ‘the requirement of the existence of a present threat must, as a general rule, be satisfied at the time of the expulsion.’ Europa On the interpretation of Article 39(3) EC and Article 9(1) of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning … Continue reading Georgios Orfanopoulos and Others v Land Baden-Wurttemberg.: ECJ 29 Apr 2004

Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

This appeal is primarily concerned with the scope of the rights conferred on agency workers by and the Agency Workers’ Regulations 2010 (‘the AWR’), which implements the Agency Workers Directive (‘the Directive’) into domestic law. The EAT found that: (1) The right conferred by regulation 13(1) of the AWR (derived from Article 6.1 of the … Continue reading Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

Tallinna Ettevotlusamet v Statoil Fuel and Retail: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – Excise duties -Directive 2008/118/EC – Article 1(2) – Liquid fuel subject to excise duty – Sales tax – Concept of ‘specific purpose’ – Predetermined allocation – Organisation of public transport within the territory of a city Judges: M Ilesic P Citations: C-553/13, [2015] … Continue reading Tallinna Ettevotlusamet v Statoil Fuel and Retail: ECJ 5 Mar 2015

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995

European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting … Continue reading Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

Papierfabrik August Koehler v Commission (Competition) C-322/07: ECJ 2 Apr 2009

ECJ Appeals – Agreements – Carbonless paper Article 81 EC – Inconsistency between the statement of objections and the decision – Violation of the rights of defense Consequences reasonable length of proceedings before the Tribunal – Distortion of evidence Participation in the infringement Duration of offense Regulation No. 17 Article 15, paragraph 2 Guidelines for … Continue reading Papierfabrik August Koehler v Commission (Competition) C-322/07: ECJ 2 Apr 2009

HM v Switzerland: ECHR 26 Feb 2002

Citations: 39187/98, [2002] ECHR 157, [2002] 38 EHRR 314, (2004) 38 EHRR 17, [2002] MHLR 209 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5(1) Jurisdiction: Human Rights Cited by: Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009 Movement retsriction was not Liberty Deprivation The claimants had been … Continue reading HM v Switzerland: ECHR 26 Feb 2002

Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-159/00: ECJ 14 Nov 2002

Association arrangements for the overseas countries and territories – Regulation (EC) No 465/2000 – Imports of sugar and mixtures of sugar and cocoa – EC/OCT cumulation of origin – Safeguard measure – Application for annulment – Action for damages – Article 109 of the OCT Decision – Principle of proportionality – Misuse of powers Citations: … Continue reading Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-159/00: ECJ 14 Nov 2002

EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

The asylum applicant said that if she was returned to her home country, she would be judged under Sharia law, and would thereby lose custody of her son, and this would deny her her right to family life. Held: Any such loss would not be complete. She would retain visitation rights, and therefore the article … Continue reading EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

CB v EUIPO – China Construction Bank (CCB) (EU Trade Mark – Judgment): ECFI 9 Nov 2022

EU trade mark – Opposition proceedings – Application for the EU figurative mark CCB – Earlier EU figurative mark CB – Earlier international registration designating the European Union – Figurative mark CB – Relative grounds for refusal – No likelihood of confusion – Reputation and enhanced distinctiveness of the earlier mark – Article 8(1)(b) of … Continue reading CB v EUIPO – China Construction Bank (CCB) (EU Trade Mark – Judgment): ECFI 9 Nov 2022

Karabet And Others v Ukraine: ECHR 17 Jan 2013

ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 Jan 2013

Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013

ECFI Customs union – Imports of bananas from Ecuador – Post-clearance recovery of import duties – Request for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 – Error by the customs authorities – Obvious negligence on the part of the interested party Citations: T-324/10, [2013] EUECJ T-324/10 Links: … Continue reading Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013

X And Others v Austria: ECHR 19 Feb 2013

Grand Chamber – The applicants alleged that they had been discriminated against in comparison with different-sex couples, as second-parent adoption was legally impossible for a same-sex couple. Held: An applicant is entitled to the reimbursement of costs and expenses in so far as it has been shown that these have been actually and necessarily incurred … Continue reading X And Others v Austria: ECHR 19 Feb 2013

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

Ignatova v Bulgaria: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39954/19, [2022] ECHR 904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681858

Orthomol (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Food safety – Foodstuffs – Regulation (EU) No 609/2013 – Article 2(2)(g) – Delegated Regulation (EU) 2016/128 – Foodstuffs intended for special medical purposes – Other requirements specific nutritional properties – Foodstuffs providing a general benefit to the patient – ??Delimitation in relation to medicinal products Citations: C-418/21, [2022] … Continue reading Orthomol (Judgment): ECJ 27 Oct 2022

Bakhayev And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 4806/18, [2022] ECHR 855 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681639

EC v Comittee of The Regions (Judgment): ECJ 27 Oct 2022

Appeal – Civil service – Temporary staff – Rules applicable to other staff – Article 2(c) – Contract of indefinite duration – Early termination with notice – Article 47(c)(i) – Breaking of the bond of trust – Terms of execution of the notice – Manifest error of assessment and error of law – Omissions – … Continue reading EC v Comittee of The Regions (Judgment): ECJ 27 Oct 2022

Praesidiad v EUIPO – Zaun (Poteau) (Community Design – Judgment): ECFI 19 Oct 2022

Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002 Citations: T-231/21, … Continue reading Praesidiad v EUIPO – Zaun (Poteau) (Community Design – Judgment): ECFI 19 Oct 2022

Dang (Refugee – Query Revocation – Article 3) Vietnam: UTIAC 28 Jan 2013

UTIAC A decision to revoke or refuse to renew a grant of asylum under paragraph 339A of the Immigration Rules only relates to the individual’s status under the Qualification Directive (European refugee status) and not his status under the Refugee Convention; further, it can only apply to cases in which the asylum application was made … Continue reading Dang (Refugee – Query Revocation – Article 3) Vietnam: UTIAC 28 Jan 2013

Nova Kreditna Banka Maribor: ECJ 13 Oct 2022

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the … Continue reading Nova Kreditna Banka Maribor: ECJ 13 Oct 2022

Italy v Commission (Order): ECJ 2 Apr 2020

Appeal – Article 181 of the Rules of Procedure of the Court – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Sugar sector – Expenditure excluded from financing by the European Union – Expenditure incurred by the Italian Republic – Appeal, in part, manifestly inadmissible and, in part, manifestly … Continue reading Italy v Commission (Order): ECJ 2 Apr 2020

Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009

The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the defendant had rights to reproduce images under sections 51 and 52. The claimants appealed … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009

Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-110/00: ECJ 14 Nov 2002

Association arrangements for the overseas countries and territories – Regulation (EC) No 465/2000 – Imports of sugar and mixtures of sugar and cocoa – EC/OCT cumulation of origin – Safeguard measure – Application for annulment – Action for damages – Article 109 of the OCT Decision – Principle of proportionality – Misuse of powers Citations: … Continue reading Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-110/00: ECJ 14 Nov 2002

5Th Avenue Products Trading (Customs Union – Transaction Value of Imported Goods – Concept of ‘Condition of Sale’ – Judgment): ECJ 19 Nov 2020

Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 29(1) and (3)(a) – Article 32(1)(c) and (5)(b) – Regulation (EEC) No 2454/93 – Article 157(2) – Customs valuation – Transaction value of imported goods – Concept of ‘condition of sale’ – Payment in return for … Continue reading 5Th Avenue Products Trading (Customs Union – Transaction Value of Imported Goods – Concept of ‘Condition of Sale’ – Judgment): ECJ 19 Nov 2020

MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

HM and Others (Article 15(C)) Iraq CG: UTIAC 13 Nov 2012

UTIAC A. Lawa) The guidance as to the law relating to Article 15(c) of the Refugee Qualification Directive 2004/83/EC given by the Tribunal in HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) (‘HM1’) at [62]-[78] is reaffirmed. Of particular importance is the observation in HM1 that decision-makers ensure that following Elgafaji, Case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 13 Nov 2012

GS and EO (Article 3 – Health Cases) India: UTIAC 24 Oct 2012

UTIAC (i) The fact that life expectancy is dramatically shortened by withdrawal of medical treatment in the host state is in itself incapable of amounting to the highly exceptional case that engages the Article 3 duty.(ii) There are recognised departures from the high threshold approach in cases concerning children, discriminatory denial of treatment, absence of … Continue reading GS and EO (Article 3 – Health Cases) India: UTIAC 24 Oct 2012

SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘trader’ – Natural person who owns an apartment in a condominium building – Different types of legal relations relating to the administration and … Continue reading SV (Immeuble En Copropriete) (Judgment): ECJ 27 Oct 2022

Rigall Arteria Management: ECJ 13 Oct 2022

Reference for a preliminary ruling – Directive 86/653/EEC – Article 7(1)(b) – Self-employed commercial agents – Transaction concluded with a third party whom the commercial agent has previously acquired as a customer – Remuneration – Whether the agent’s right to commission is mandatory or supplementary Citations: C-64/21, [2022] EUECJ C-64/21, ECLI:EU:C:2022:783 Links: Bailii Jurisdiction: European … Continue reading Rigall Arteria Management: ECJ 13 Oct 2022

Louis Vuitton Malletier v EUIPO – Wisniewski (Representation D’Un Motif A Damier II) (Judgment): ECFI 19 Oct 2022

EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall … Continue reading Louis Vuitton Malletier v EUIPO – Wisniewski (Representation D’Un Motif A Damier II) (Judgment): ECFI 19 Oct 2022

Perfumesco.pl: ECJ 13 Oct 2022

Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Enforcement of intellectual property rights – Article 10 – Corrective measures – Destruction of goods – Concept of ‘infringement of an intellectual property right’ – Goods bearing an EU trade mark Citations: C-355/21, [2022] EUECJ C-355/21, ECLI:EU:C:2022:791 Links: Bailii Jurisdiction: European Intellectual Property … Continue reading Perfumesco.pl: ECJ 13 Oct 2022

Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public directories and telephone directory inquiry services – Consent of the subscriber – Obligations of the supplier directories and information services – Regulation (EU) 2016/679 – Article 17 – … Continue reading Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility Judges: V. Skouris, P Citations: C-581/10, [2012] EUECJ C-581/10 Links: Bailii Statutes: Regulation (EC) No 261/2004 Citing: Order – Nelson v … Continue reading Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

Edwards v Environment Agency: ECJ 18 Oct 2012

ECJ (Opinion) Aarhus Convention – Directive 2003/35/EC – Directive 85/337/EEC – Assessment of the effects of projects on the environment – Directive 96/61/EC – Integrated pollution prevention and control – Access to justice – Concept of ‘prohibitively expensive’ judicial proceedings Judges: Kokott AG Citations: C-260/11, [2012] EUECJ C-260/11 Links: Bailii Statutes: Directive 85/337/EEC, Directive 2003/35/EC, … Continue reading Edwards v Environment Agency: ECJ 18 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

Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property ECHR Judgment : Pecuniary damage – award : Third Section Citations: 45668/05, [2017] ECHR 278, [2021] ECHR 184 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Pavlov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 39095/17, [2022] ECHR 839 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681722

Mikrotikls (Judgment): ECJ 20 Oct 2022

Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Article 12(4) – Temporal scope – Practice established before 16 March 2013 consisting in not recovering interest for late payment or compensation for recovery costs – Practice applied to individual orders placed on or after that date – Article … Continue reading Mikrotikls (Judgment): ECJ 20 Oct 2022

Samutichev And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 7943/18, [2022] ECHR 858 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681739

Medi v OHIM (Medi): ECFI 12 Jul 2012

Community trade mark – Application for Community word mark medi – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1, under b) and paragraph 2 of Regulation (EC) No 207/2009 Citations: T-470/09, [2012] EUECJ T-470/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 European, Intellectual Property Updated: 04 November 2022; Ref: … Continue reading Medi v OHIM (Medi): ECFI 12 Jul 2012

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Agora And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 28539/10, [2022] ECHR 822 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681630