ECJ Freedom of establishment – Articles 43 EC and 48 EC – Cross-border mergers – Refusal of registration in the national commercial register – Compatibility. Citations: C-411/03, [2005] EUECJ C-411/03 Links: Bailii European Updated: 04 July 2022; Ref: scu.235942
ECJ Community trade mark – Opposition proceedings – Application for a figurative Community trade mark containing the word element ‘CRISTAL CASTELLBLANCH’ – Earlier national word mark CRISTAL – Genuine use of the earlier mark – Likelihood of confusion – Article 8(1)(b), Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94. Citations: T-29/04, … Continue reading Castellblanch v OHMIi-Champagne Roederer (Cristal Castellblanch): ECFI 8 Dec 2005
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 35943/15, [2018] ECHR 816 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.628809
ECJ Grand Chamber – Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination.A provision of German labour law excluding protection for short term contracts for those who were over 52 when they … Continue reading Mangold v Helm: ECJ 22 Nov 2005
ECJ Sixth VAT Directive – Articles 2, 5, 6 and 9 – Transfer of software recorded on a carrier – Subsequent customisation of the software to the purchaser-?s specific requirements – Single taxable supply – Supply of services – Place of supply. Judges: Jann P Citations: C-41/04, [2005] EUECJ C-41/04, [2006] 2 CMLR 8, [2006] … Continue reading Levob Verzekeringen and Ov Bank v Staatssecretaris van Financien: ECJ 27 Oct 2005
Free Movement of Goods – Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Directive 89/106/EEC – Decision 3052/95/EC – National approval procedure – Failure to take account of approval certificates drawn up in other Member States – Construction products Citations: [2005] EUECJ C-432/03, [2006] 1 CMLR 25, … Continue reading Commission v Portugal C-432/03: ECJ 10 Nov 2005
ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A … Continue reading Commission v United Kingdom: ECJ 20 Oct 2005
A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre had not been equipped with the necessary medical facilities, and the doctors had failed to administer … Continue reading Slimani v France: ECHR 27 Jul 2004
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour Held: France had violated article 4 by having failed to introduce criminal legislation which would afford effective … Continue reading Siliadin v France: ECHR 26 Jul 2005
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 2433/12, [2018] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628758
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 43387/09, [2022] ECHR 390, [2022] ECHR 398 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Strogov And Kirichenko v Russia: ECHR 24 May 2022
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 43078/15, [2022] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.677882
ECJ Community trade mark – Opposition proceedings – Likelihood of confusion – Proof of use of earlier mark – Application for Community word mark ALADIN – Earlier national word mark ALADDIN – Articles 8(1)(b) and 43(2) and (3) of Regulation (EC) No 40/94 Citations: [2005] ECR II-2861, [2005] EUECJ T-126/03 Links: Bailii Jurisdiction: European Intellectual … Continue reading Reckitt Benckiser (Espana) v OHMI – Aladin (Aladin): ECFI 14 Jul 2005
In 1993 a pogrom had taken place in a Roma village, resulting in a number of deaths and widespread destruction of property. The State, in the form of the local police, was alleged to have been implicated. Romania acceded to the Convention on 20 June 1994. Investigations into the pogrom, and proceedings arising out of … Continue reading Moldovan And Others v Romania (No. 1): ECHR 12 Jul 2005
ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 3 regarding the allegations of ill-treatments; Violation of Art. 3 regarding the lack of effective investigation; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedings. ECHR Court found that the Spanish authorities had … Continue reading Martinez Sala And Others v Spain: ECHR 2 Nov 2004
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal offences. It was a ‘vertical’ application of Article 8. Revenue police compiled a … Continue reading Sciacca v Italy: ECHR 11 Jan 2005
The applicant complained of the delay by the Customs and Excise in enforcing a confiscation order against him of four years. Held: The respondent had allowed almost four years to pass after the liability had been incurred without taking any steps to enforce the order. That deal did infringe the applicant’s human rights. The defendant … Continue reading Crowther v The United Kingdom: ECHR 1 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Just satisfaction reserved. Citations: 43662/98, [2005] ECHR 294 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Scordino v Italy (No. 2) ECHR 15-Jul-2004 . . See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context … Continue reading Scordino v Italy (3): ECHR 17 May 2005
The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005
The applicant was a post-tariff discretionary life prisoner, applying for a change in his security classification. He sought disclosure of his security report which was denied by the respondent. He alleged a breach of his human rights. Held: The punitive part of the sentence was complete. The earlier panel had advised his reclassification from security … Continue reading Williams v The Secretary of State for the Home Office: CA 17 Apr 2002
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 57278/11, [2018] ECHR 774 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628743
ECJ Regulations (EEC) Nos 1408/71 and 574/72 – Family benefits – Child-raising allowance – Entitlement to benefits of the same kind in the Member State of employment and the Member State of residence.Grand Chamber – The claim related to Austrian women working in Austria but living in Germany with their German husbands who worked in … Continue reading Dodl and Oberhollenzer (Social Security For Migrant Workers): ECJ 7 Jun 2005
ECJ Sixth Directive – Article 25 – Common flat-rate scheme for farmers – Grant of hunting licences within the framework of a municipal forestry undertaking – Concept of ‘agricultural service’. Citations: C-43/04, [2005] EUECJ C-43/04 Links: Bailii European, Agriculture, VAT Updated: 30 June 2022; Ref: scu.225317
The case concerned actions taken at military bases by way of protest against the Iraq war. Each raised questions arising from the prosecution of the appellants for offences of aggravated trespass. The defendants asserted, among other things, that there was ‘was a strong possibility’ that the activities being carried on at the bases were unlawful, … Continue reading Ayliffe and others v Director of Public Prosecutions: Admn 21 Apr 2005
ECJ Community trade mark – d-proceedings – Application for Community figurative mark containing the word element – monBeBe – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, b) and paragraph 5 of Regulation (EC) No 40/94 Judges: MM Jaeger P Citations: T-164/03, [2005] EUECJ T-164/03 … Continue reading Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005
ECJ Community trade mark – Opposition proceedings – Application for Community word mark CALPICO – Earlier national mark CALYPSO – Article 8(1)(b) of Regulation (EC) No 40/94 – Right to be heard Citations: T-273/02, [2005] EUECJ T-273/02 Links: Bailii European, Intellectual Property Updated: 29 June 2022; Ref: scu.224316
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Citations: 43734/14, [2019] ECHR 271 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.636067
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 54322/14, [2018] ECHR 814 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.628855
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 5886/15, [2018] ECHR 843 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.628831
(Judgment) Public service – Officials – Promotion – Promotion exercise 2015 – Article 43 and Article 45 (1) of the Staff Regulations – Obligation to state reasons – Comparative examination of the merits – Use of languages ??in the context of the duties of directors assigned to functions linguistic and by administrators assigned to functions … Continue reading PF v Commission: ECFI 23 Nov 2017
Community trade mark – Opposition proceedings – Application for word mark FLEXI AIR – Earlier word mark FLEX – Relative ground for refusal – Likelihood of confusion – Request for proof of genuine use – Article 8(1)(b), Article 8(2)(a)(ii) and Article 43(2) of Regulation (EC) No 40/94 Citations: T-112/03, [2005] EUECJ T-112/03 Links: Bailii Jurisdiction: … Continue reading L’Oreal v OHMI-Revlon (Flexi Air): ECFI 16 Mar 2005
IAT The Secretary of State appealed against a decision of an Adjudicator dismissing an asylum claim by the Respondent, a citizen of Lithuania, but allowed her claim under the European Convention on Human Rights, finding that there was a real risk that to send her back to Lithuania would expose her to inhuman treatment which … Continue reading AS (Sufficiency of Protection) Lithuania CG: IAT 19 Jul 2002
EJ Sixth VAT Directive – Articles 2, 5(6) and 6(2) – Provision of meals in a company canteen for a price lower than the cost price – Taxable amount Citations: C-412/03, [2005] EUECJ C-412/03, [2005] STC 1311, [2005] CEC 335, [2005] 1 CMLR 38, [2005] STI 138, [2007] BVC 391, [2007] BTC 5372, [2005] ECR … Continue reading Hotel Scandic Gasaback (Taxation): ECJ 20 Jan 2005
A patient had died in hospital following an operation. The NHS Trust submitted that ‘There is a real distinction between cases of medical negligence, which were specifically addressed as a discrete area in Calvelli, and cases of intentional killing or failure to protect someone in custody.’ Held: ‘Calvelli is both the most recent decision and … Continue reading Goodson v HM Coroner for Bedfordshire and Luton: Admn 17 Dec 2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004
The applicant was a member of the respondent company. The respondent had prepared a report into the behaviour of a chairman of its own enquiry into televising racing, but where it had been alleged that the chairman, himself a TV owner had made an improper approach to a TV company. The applicant sought a copy … Continue reading Towcester Racecourse Co Ltd v The Racecourse Association Ltd: ChD 23 Oct 2002
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 47920/12, [2019] ECHR 243 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636015
E had been convicted of possession of heroin with intent to supply, and L of possession of counterfeit currency. In each case public interest certificates had been obtained to withold evidence from them. The judge had refused requests to exclude evidence of undercover officers. Held: The defendants had been denied fair trials after being incited … Continue reading Edwards and Lewis v United Kingdom: ECHR 27 Oct 2004
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Citations: 48343/16, [2019] ECHR 218 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636002
ECHR Judgment : Article 2 of Protocol No. 1 – Right to education-{general} : Fourth Section Committee Citations: 56443/11, [2019] ECHR 224 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636012
ECHR Judgment : No Article 8 – Right to respect for private and family life : Second Section Citations: 43624/14, [2019] ECHR 221 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636016
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Citations: 43185/11, [2018] ECHR 882 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.628794
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Citations: 11236/09, [2019] ECHR 276 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.636043
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Finlande C-469/98: ECJ 5 Nov 2002
The Commission dismissed as manifestly unfounded a complaint that the suspension of Industrial Injuries Disability Benefit during a person’s imprisonment involved any violation of Article 1P. It reiterated that ‘it is still necessary, in order for such a right to be established, that the person concerned should have satisfied domestic legal requirements . . ‘ … Continue reading Carlin v United Kingdom: ECHR 1 Dec 1997
ECJ 1. The undertakings to be given by dairies pursuant to Article 5(3) of Commission Regulation No 2793/77 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves form part of the system of monitoring and proof which had to be set up … Continue reading Bundesamt Fuer Ernahrung Und Forstwirtschaft v Butterabsatz Osnabrueck-Emsland Eg: ECJ 18 Jan 1990
European Communities’ Own Resources – 1. Article 232(1) of the EEC Treaty must be interpreted as meaning that in so far as matters are not the subject of provisions in the ecsc treaty or rules adopted on the basis thereof, the eec treaty and the provisions adopted for its implementation can apply to products covered … Continue reading Deutsche Babcock Handel Gmbh v Hauptzollamt Luebeck-Ost: ECJ 15 Dec 1987
The tribunal de police de Paris sought a preliminary ruling in criminal proceedings against the executives of airlines and travel agencies, who were charged with infringing the French Civil Aviation Code when selling air tickets by applying tariffs that were different from the approved tariffs. According to the French Code, all airlines had to submit … Continue reading Criminal Proceedings against Asjes and Others, Gray And Others, Maillot and Others And Ludwig And Others.: ECJ 30 Apr 1986
1. Article 10(1) of regulation no 1612/68 cannot be interpreted as meaning that the companion, in a stable relationship, of a worker who is a national of a member state and is employed in the territory of another member state must in certain circumstances be treated as his ‘spouse’ for the purposes of that provision. … Continue reading State of The Netherlands v Reed: ECJ 17 Apr 1986
ECJ Article 3(1) of Council Regulation No 1224/80 on the valuation of goods for customs purposes must be interpreted as meaning that where goods bought free of defects are damaged before being released for free circulation the price actually paid or payable, on which the transaction value is based, must be reduced in proportion to … Continue reading Hauptzollamt Itzehoe v HJ Repenning Gmbh: ECJ 12 Jun 1986
ECJ The direct application of a community regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure adopting it into national law. By reason of the obligations imposed on them by the treaty member states must not impede the direct effect … Continue reading Fratelli Zerbone Snc v Amministrazione Delle Finanze Dello Stato: ECJ 31 Jan 1978
It is for the transport undertaking to judge whether an individual control book must be issued to crew members and it is accordingly the duty of that undertaking to ensure that the provisions of article 14(7) and (8) of regulation (eec) no 543/69 are observed. The position would be different only if national legislation adopted … Continue reading Auditeur Du Travail v Bernard Dufour, Sa Creyfs Interim And Sa Creyfs Industrial: ECJ 15 Dec 1977
ECJ 1. Freedom of establishment, subject to observance of professional rules justified by the general good, is one of the objectives of the treaty. In so far as community law makes no special provision, these objectives may be attained by measures enacted, pursuant to article 5 of the treaty, by the member states. If freedom … Continue reading Thieffry v Conseil De L’Ordre Des Avocats A La Cour De Paris: ECJ 28 Apr 1977
Articles 1, 2 and 4 of Regulation no 543/69 of the Council of 25 March 1969 on the harmonization of certain social legislation relating to road transport must be interpreted as covering any carriage coming within the scope of the regulation irrespective of the status of the driver of the vehicle so that the provisions … Continue reading Marcel Derycke: ECJ 25 Jan 1977
ECJ 1. A legal obligation in general terms requiring transport rates to be approved by public authority cannot in itself be deemed to constitute a ‘tariff obligation’ within the meaning of article 2 (5) of regulation no 1191/69. Under this provision, the distinguishing features of a tariff obligation are not only that rates are fixed … Continue reading Nv Nederlandse Spoorwegen v Minister Van Verkeer En Waterstaat: ECJ 27 Nov 1973
1. All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions. 2. In the absence of a community system guaranteeing for consumers the authenticity of a product’s designation or origin, member states … Continue reading Procureur Du Roi v Benoit and Gustave Dassonville: ECJ 11 Jul 1974
Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974
1. No new element has been adduced capable of casting doubt on the court’s decision in its judgments of 24 october 1973 in cases 5, 9 and 10/73, according to which examination of questions referred had not revealed any elements capable of affecting the validity of regulation no 974/71. 2. Article 2 of regulation no … Continue reading Kurt A Becher v Hauptzollamt Emden: ECJ 15 Jan 1974
ECJ 1. The authority for regulation no 803/68/EEC of the council of 27 june 1968, on the value of goods for customs purposes is to be found in article 235 of the treaty and reveals no factor calculated to affect its validity. 2. Article 11(2)(b) (second branch of the alternative) of regulation no 803/68 of … Continue reading Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973
ECJ Article 1 of regulation no 2410/70, read in conjunction with article 11 of regulation no 1052/68, involves that in the absence of community rules on the subject the national court is competent to assess the probative value of tests performed with a view to ascertaining the fat content of the products listed at the … Continue reading Codrico Nv v Hoofdproduktschap Voor Akkerbouwprodukten: ECJ 28 Nov 1973
ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973
ECJ (Preliminary Questions) 1. The court does not have jurisdiction under article 177 to settle a dispute relating to the interpretation of a national law. 2. The prohibition of discrimination as laid down by Article 95 relates not only to the rate but also to the basis of taxation. Article 95 of the Treaty must … Continue reading Fonderie Officine Riunite ‘FOR’ v Vereinigte Kammgarn-Spinnereien ‘VKS’: ECJ 20 Feb 1973
1. The validity of measures adopted by the institutions of the community can only be judged in the light of community law. The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as … Continue reading Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970
It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970
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 European, Customs … Continue reading Kaufring v Commission T-293/97 (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-279/97, [2001] EUECJ T-279/97 Links: Bailii European Updated: 21 … Continue reading Kaufring v Commission T-279/97 (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-211/97, [2001] EUECJ T-211/97 Links: Bailii European Updated: 21 … Continue reading Kaufring v Commission T-211/97 (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 European, Customs and … Continue reading Kaufring v Commission T-191/97 (Customs Union): ECJ 10 May 2001
ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003
1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course … Continue reading Acciaierie Laminatoi Magliano Alpi v High Authority Of The European Coal And Steel Community. (Procedure ): ECJ 10 Dec 1957
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986
Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) 38366/97; 38688/97; 40777/98; 40843/98; 41015/98; 41400/98; 41446/98; 41484/98; 41487/98; 41509/98 Citations: 38366/97 ; 38688/97 ; 407 Jurisdiction: Human Rights Cited by: Cited – Regina on the Application of Lester v The London Rent Assessment Committee CA 12-Mar-2003 The court faced the question … Continue reading Miragall Escolano And Others v Spain (Article 41): ECHR 25 May 2000
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Denmark C-467/98: ECJ 5 Nov 2002
Article 11 of Regulation No 823/87 laying down special provisions relating to quality wines produced in specified regions must be interpreted, regard being had to the actual wording of paragraph 2 thereof, as meaning that no quantity of wine which exceeds the yield per hectare fixed by the competent Member State may be marketed as … Continue reading Kuhn v Landwirtschaftskammer Rheinland-Pfalz (Rec 1993,p I-4439) (Judgment): ECJ 2 Aug 1993
Articles 12(2) and 46 of Regulation No 1408/71 do not preclude the application of a national rule against overlapping benefits when determining a pension in accordance with national legislation alone. However, those articles do preclude such application when determining a pension under Article 46. When calculating a pension under Article 46, the rule against overlapping … Continue reading Larsy v INASTI (Rec 1993,p I-4543) (Judgment): ECJ 2 Aug 1993
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – … Continue reading Commission v Suede: ECJ 5 Nov 2002
The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. Held: The EC Treaty provided that any such arrangement had to be abolished, insofar as it … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener: ECJ 5 Nov 2002
Scott LJ said: ‘The reason why, once a plea of fair comment is established, there is no libel, is that it is in the public interest to have free discussion of matters of public interest.’ and ‘It [the right of fair comment] is one of the fundamental rights of free speech and writing which are … Continue reading Lyon v The Daily Telegraph Ltd: CA 1943
ECHR Judgment : Article 2 – Right to life : First Section Committee Citations: 14385/18, [2022] ECHR 356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677866
Reference for a preliminary ruling – Social policy – Equal treatment for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC – French civil and military retirement pension scheme – Entitlement … Continue reading Mouflin: ECJ 13 Dec 2001
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
ECJ Judgment – Action for annulment – Article 104 EC – Regulation (EC) No 1467/97 – Stability and Growth Pact – Excessive government deficits – Council decisions under Article 104(8) and (9) EC – Required majority not achieved – Decisions not adopted – Action challenging -decisions not to adopt the formal instruments contained in the … Continue reading Commission v Council: ECJ 13 Jul 2004
(Judgment) Directive 91/439/EEC – Mutual recognition of driving licences – Residence requirement – Article 8(4) – Effects of withdrawal or cancellation of a previous driving licence – Recognition of a new driving licence issued by another Member State Citations: C-476/01, [2004] EUECJ C-476/01, [2004] ECR I-5205 Links: Bailii Road Traffic, Licensing Updated: 10 June 2022; … Continue reading Kapper: ECJ 29 Apr 2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004
ECJ Judgment – Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of … Continue reading The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 47080/14, [2022] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.676990
(Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 90/435/EEC – Common system of taxation applicable to parent companies and subsidiaries of different Member States – Article 4 and Article 7(2) – Prevention of economic double taxation of dividends Citations: C-556/20, [2022] EUECJ C-556/20, ECLI:EU:C:2022:378 Links: Bailii Jurisdiction: European Corporation Tax Updated: … Continue reading Schneider Electric and Others: ECJ 12 May 2022
The applicant had been a joint tenant of the respondent. His co-tenant had terminated the tenancy. He now challenged the possession proceedings saying that they would deprive him of his home. Held: The appeal succeeded. The question before the court was ‘whether a former tenant whose tenancy has come to an end by operation of … Continue reading London Borough of Harrow v Qazi: CA 3 Dec 2001
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
ECJ Judgment – Community trade mark – Figurative mark containing the word mark best buy – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94. Citations: T-122/01, [2003] EUECJ T-122/01 Links: Bailii European, Intellectual Property Updated: 07 June 2022; Ref: scu.184383
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003
Europa Competition – Agreements, decisions and concerted practices – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Attribution of conduct to a subsidiary – Principle that penalties must be defined by law – Guidelines on the method of setting fines – Principle of proportionality – Ne bis … Continue reading Jungbunzlauer v Commission (Competition): ECFI 27 Sep 2006
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 2294/17, [2019] ECHR 193, [2019] ECHR 851 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 June … Continue reading Kostal And Others v Slovakia: ECHR 5 Mar 2019
ECJ Articles 3(2) and 4(1)(a) and (d) of Regulation (EEC) No 2408/92 – Imposition of public service obligations on scheduled air services serving a peripheral region – Compatibility with Member States’ power to restrict cabotage until 1 April 1997 – Interpretation of Article 1(e) of Decision 94/698/EC Judges: F. Macken R P Citations: C-181/00, [2002] … Continue reading Flightline v Secretario de Estado dos Transportes e Communicacoes: ECJ 9 Jul 2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial. Held: Both proceedings had resulted in the extension of the respective prison sentences. The rules gave the governor discretion to allow … Continue reading Ezeh and Connors v The United Kingdom: ECHR 15 Jul 2002
