(Opinion) Appeal – State aid – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Regulation (EC) No 659/1999 – Article 11 (1) – Suspension order – Possibility of challenging the suspension order – Interest in bringing proceedings despite having lapsed – Use by the Commission of its margin of appreciation … Continue reading Hungary v Commission C-456/18: ECJ 16 Jan 2020
ECJ Failure of a Member State to fulfil obligations – Article 56 TFEU – Freedom to provide services – National legislation which imposes a prior declaration requirement on self-employed service providers . .
Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services for the creation and production of cinematographic and audiovisual works – Subscription television service operators – Subscription tax payable by subscription television operators – Allocation of revenue of the tax – Restriction – Effects that are too random or … Continue reading Instituto Do Cinema E Do Audiovisual (Judgment): ECJ 27 Oct 2022
ECJ (Freedom To Provide Services) Opinion – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on its territory, advertising of casinos located in other States where the level of legal protection for gamblers in the State concerned is not considered to be equivalent to the level of protection … Continue reading HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 17 Apr 2012
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011
ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Tax legislation – Taxation of interest received – Difference in treatment between resident financial institutions and non-resident financial institutions Citations: C-18/15, [2016] EUECJ C-18/15 Links: Bailii Jurisdiction: European European Updated: 19 September 2022; Ref: scu.566895
ECJ Opinion – Obligation of a lower court to comply with directions on interpretation given by a higher court – Procedural autonomy – Force of res judicata – Reconsideration of the Rheinmuhlen I case-law – Freedom to provide services – Article 56 TFEU – Social security – Article 22 of Regulation No 1408/71 – Medical … Continue reading Elchinov v Natsionalna zdravnoosiguritelna kasa: ECJ 10 Jun 2010
(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
Judgment – Reference for a preliminary ruling – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Directive 2004/17/EC – Obligation to review prices after the award of the contract – No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive … Continue reading Consorzio Italian Management E Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA: ECJ 19 Apr 2018
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions – Tax legislation – Corporation tax – Obligation for purchasers of services to draw up and send to the tax authorities supporting documents relating to the sums invoiced by service providers of services established in another Member State – … Continue reading Pharmacie Populaire – La Sauvegarde (Judgment): ECJ 24 Feb 2022
Freedom of Establishment – Freedom To Provide Services Internal Market – Principles Approximation of Laws Consumer protection – Reference for a preliminary ruling – Article 56 TFEU – Article 58(1) TFEU – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 2000/31/EC – Directive 98/34/EC – Information … Continue reading Asociacion Profesional Elite Taxi v Uber Systems Spain: ECJ 20 Dec 2017
ECJ (Tax Legislation – Income Tax : Judgment) Reference for a preliminary ruling – Article 56 TFEU – Article 36 of the Agreement on the European Economic Area – Tax legislation – Income tax – Tax exemption reserved to interest payments by banks complying with certain statutory conditions – Indirect discrimination – Banks established in … Continue reading Van Der Weegen and Others v Belgische Staat: ECJ 8 Jun 2017
ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest … Continue reading Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 Jun 2017
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Oral and dental care – National legislation prohibiting advertising in the case of oral and dental services – Existence of a cross-border element – Protection of public health – Proportionality – Directive 2000/31 / EC – Information … Continue reading Vanderborght: ECJ 4 May 2017
Freedom To Provide Services – Article 56 TFEU – Restriction on the freedom to provide services – Games of chance – Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level … Continue reading HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 12 Jul 2012
ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Games of chance – Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glucksspiel’) where no licence has been granted by the competent authority – Restriction – Justification – … Continue reading Admiral Casinos and Entertainment v Balmatic Handelsgesellschaft mbH: ECJ 30 Jun 2016
(Judgment) Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Games of chance – Taxation – Principle of non-discrimination – Single tax on betting C-788/18, [2020] EUECJ C-788/18 Bailii European European, Licensing, Taxes – Other Updated: 17 January 2022; Ref: scu.654830
ECJ Judgment – Failure of a Member State to fulfil obligations – Directive 2006/123/EC – Articles 14 to 16 – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Conditions for issuing vouchers entailing a tax advantage which are provided by employers to their employees and may … Continue reading Commission v Hungary: ECJ 23 Feb 2016
ECJ Judgment – Freedom to provide services – Article 56 TFEU – Games of chance – Public monopoly on betting on sporting competitions – Prior administrative authorisation – Exclusion of private operators – Collection of bets on behalf of an operator established in another Member State – Criminal penalties – National provision contrary to EU … Continue reading Sebat Ince: ECJ 4 Feb 2016
ECJ (Judgment) Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 5 – Freedom to provide services – Directive 2006/123/EC – Articles 16 and 17(6) – Article 56 TFEU – Tax consultancy company established in a Member State and providing services in another Member State – Legislation of a … Continue reading X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord: ECJ 17 Dec 2015
ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Principles of equality and of non-discrimination – Obligation of transparency – Scope of that obligation – National collective agreements – Social protection scheme supplemental to the general scheme – Appointment by the social partners of an insurer responsible … Continue reading Union des syndicats de l’immobilier v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social: ECJ 17 Dec 2015
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Article 3(1) – Directive 2004/18/EC – Article 26 – Public procurement – Postal services – Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to … Continue reading Regiopost v Stadt Landau in der Pfalz: ECJ 17 Nov 2015
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 Of The Court (Second Chamber)) Telecommunications sector – Electronic communications networks and services – Freedom to provide services – Article 56 TFEU – Directive 2002/21/EC – Cross-border provision of a package of radio and television programmes – Conditional access – Competence of the national regulatory authorities – Registration – Requirement of establishment R. … Continue reading UPC Dth Sarl v Nemzeti: ECJ 30 Apr 2014
ECJ Judgment – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive 2005/60/EC – Article 22(2) – Decision 2000/642/JHA – Requirement to report suspicious financial transactions applicable to credit institutions – Institution operating under the rules on the freedom to provide services – Identification of … Continue reading Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 25 Apr 2013
ECJ Reference for a preliminary ruling – Article 52 and Article 56 TFEU – Freedom to provide services – Grant of a recreational boating licence – Condition of residency in the issuing country – Restriction for non-residents – Maintaining maritime safety – Public policy C-509/12, [2014] EUECJ C-509/12 Bailii European Transport Updated: 29 November 2021; … Continue reading Instituto Portuario E Dos Transportes Maritimos (IPTM) v Navileme – Consultadoria Nautica, Lda: ECJ 6 Feb 2014
ECJ Requests for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Principles of equal treatment and non-discrimination – Obligation of transparency – Scope – Agreement concluded by public entities of one Member State and an undertaking of that Member State – Transfer, … Continue reading Belgacom Nv v Interkommunale Voor Teledistributie Van Het Gewest Antwerpen: ECJ 14 Nov 2013
Reference for a preliminary ruling – Social security – Health insurance – Regulation (EC) No 883/2004 – Article 20 (1) and (2) – Medical care received in a Member State other than that of residence of the insured person – Prior authorization – Conditions – Requirement a report issued by a doctor from the national … Continue reading Casa NatIonala De Asigurari De Sanatate and Casa De Asigurari De Sanatate Constanapounds A (Judgment): ECJ 6 Oct 2021
ECJ Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in disregard of … Continue reading Football Association Premier League and Others v QC Leisure and Others etc: ECJ 4 Oct 2011
NIIT_subscribe_ECFI1407 ECFI Judgment – Community trade mark – Application for Community word mark SUBSCRIBE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Equal treatment – Article 56 TFEU MD Gratsias (Rapporteur), P T-404/13, [2014] EUECJ T-404/13, ECLI: EU: T: 2014 645 … Continue reading NIIT Insurance Technologies v OHIM (Subscribe): ECFI 14 Jul 2014
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights C-390/12, [2013] EUECJ C-390/12 Bailii European Cited by: Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software … Continue reading Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013
ciroen_fvvECJ0713 ECJ Article 56 TFEU – Freedom to provide services – Directive 2005/29/EC – Unfair commercial practices – Consumer protection – Combined offers involving at least one financial service – Prohibition – Exceptions) A. Tizzano, P C-265/12, [2013] EUECJ C-265/12 Bailii Directive 2005/29/EC European, Consumer Updated: 01 November 2021; Ref: scu.513402
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to . .
Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC (Framework Directive) – Article 2(m) – Provision of an electronic communications network – Concept – Directive 2002/22/EC (Universal Service . .
(Opinion) Reference for a preliminary ruling – Social security – Medical insurance – Regulation (EC) No 883/2004 – Article 20(2) – Authorisation to receive treatment outside the Member State of residence -Authorisation granted where the treatment is . .
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine industry and trade respectively (‘the petitioners’). The petitioners’ application is for judicial review of the Alcohol … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012
ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of … Continue reading F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013
The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom of movement, a right of residence must nevertheless be granted to a … Continue reading Secretary Of State For The Home Department v CS (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
Question referred for a preliminary ruling – Internal market in electricity – Article 35 TFEU – Free movement of goods – Quantitative restrictions on exports – Measures having equivalent effect – Exports of electricity – National measure according to which electricity producers are obliged to trade all the electricity produced exclusively on a centralised competitive … Continue reading Hidroelectrica (Internal Market In Electricity – Exports of Electricity – Opinion): ECJ 2 Apr 2020
ECJ Failure of a Member State to fulfil obligations – Article 49 TFEU – Tax legislation – Transfer of residence for tax purposes – Transfer of assets – Immediate exit tax Judges: Bonichot P Citations: C-38/10, [2012] EUECJ C-38/10 Links: Bailii European Updated: 04 November 2022; Ref: scu.463856
ECJ Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Articles 22, 24 and 30 – National legislation designed to transpose that directive – Applicability to agreements not included in the material and temporal scope of the directive – Obligations not provided for by the directive – Limitation on the bank charges capable … Continue reading Sc Volksbank Romania: ECJ 12 Jul 2012
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Tax on financial transactions – Transactions relating to derivative financial instruments whose underlying security is a security issued by a company resident in the Member State of taxation – Tax due regardless of the place of conclusion of the transaction … Continue reading Societe Generale (Judgment): ECJ 30 Apr 2020
INCOME TAX – section 186 Finance Act 2004 – relief from tax on income derived from investments held for purposes of registered pension scheme – whether German pension scheme deemed to be registered scheme or eligible to register – whether registration restriction on movement of capital contrary to Article 63 TFEU Citations: [2019] UKFTT 129 … Continue reading BAV-TMW Globaler Immobilienspezialfonds v Revenue and Customs (Income Tax/Corporation Tax : Pension Scheme): FTTTx 22 Feb 2019
ECJ Reference for a preliminary ruling – Articles 63 TFEU and 65 TFEU – Free movement of capital – Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member … Continue reading K v Finland: ECJ 7 Nov 2013
ECJ Opinion – Approximation of legislation – Directive 2001/83/EC – Directive 2004/27/EC – Directive 2002/98/EC – Scope of application – Labile blood products – Plasma prepared by a method involving an industrial process – Simultaneous or exclusive application of Directive 2001/83 (as amended by Directive 2004/27) and Directive 2002/98 – Article 168(4) TFEU and Member … Continue reading Octapharma France Sas v Agence Nationale De Securite Du Medicament Et Des Produits De Sante and Ministere Des Affaires Sociales et De La Sante: ECJ 7 Nov 2013
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of Fundamental Rights of the European Union – Right to fair hearing – Right of access to … Continue reading Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012
(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
Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012
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
ECJ Opinion – Recovery of national taxes which are contrary to European Union law – Limitation period for instituting proceedings – National legislation curtailing the limitation period with retroactive effect and without advance notice Judges: Wathelet AG Citations: C-362/12, [2013] EUECJ C-362/12 Links: Bailii Jurisdiction: European Citing: See Also – Test Claimants In The FII … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013
ECJ Articles 49 TFEU and 63 TFEU – Payment of dividends – Corporation tax – Case C-446/04 – Test Claimants in the FII Group Litigation – Interpretation of the judgment – Prevention of economic double taxation – Equivalence of the exemption and imputation methods – Meaning of ‘tax rates’ and ‘different levels of taxation’- Dividends … Continue reading Test Claimants In The FII Group Litigation v The Commissioners For Her Majesty’s Revenue and Customs: ECJ 19 Jul 2012
ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Civil servant of a Member State who has left the public service in order to be employed in another Member State – National legislation providing in that case for loss of the retirement pension rights acquired in … Continue reading Popperl v Land Nordrhein-Westfalen: ECJ 13 Jul 2016
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – Pensions – Exemption for low income amount – Discrimination between resident and non-resident taxpayers Judges: Mr Niilo Jaaskinen … Continue reading Commission v Estonia: ECJ 24 Nov 2011
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EC) No 73/2009 – Articles 7(1), 10(1), 121 and 132(2) – Acts implementing that regulation – Validity, in the light the TFEU Treaty, the 2003 Act of Accession and the principles of non-discrimination, legal certainty, the protection of legitimate expectations and sound administration … Continue reading Jakutis And Kretingalas Kooperatine ZUB v Nacionaline mokejimo agentura prie Zemes ukio ministerijos: ECJ 12 Nov 2015
Judges: Marcus Smith QC, Mrs Margot Daly and Mr Dermot Glynn Citations: [2011] CAT 16, [2011] Comp AR 569 Links: Bailii Cited by: Appeal From – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CA 31-Jul-2012 The respondent company (MC) had disclosed to the European Commission its own historical involvement in … Continue reading Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others: CAT 25 May 2011
ECJ Failure to fulfill obligations – Article 258 TFEU – Article 56 EC – Article 40 of the EEA Agreement – Free movement of capital – Tax benefits resulting from grants to training institutions, research and teaching – Subordination of these benefits to provided that the grant recipient is established in the country – Character … Continue reading Commission v Austria (Free Movement Of Capital): ECJ 8 Mar 2011
ECJ Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union … Continue reading Iida v Stadt Ulm: ECJ 8 Nov 2012
ECJ (Judgment) Action for annulment – Article 290 TFEU – Concepts of ‘amending’ and ‘supplementing’ – Regulation (EU) No 1316/2013 – Article 21(3) – Scope of the power conferred on the European Commission – Need to adopt a separate legislative act – Delegated Regulation (EU) No 275/2014 Citations: [2016] EUECJ C-286/14, ECLI:EU:C:2016:183 Links: Bailii Jurisdiction: … Continue reading Parliament v Commission C-286/14: ECJ 17 Mar 2016
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 – Reference for a preliminary ruling – Public procurement – Contracts falling below the threshold laid down in Directive 2004/18/EC – Articles 49 TFEU and 56 TFEU – Applicability – Certain cross-border interest – Grounds for exclusion from a tendering procedure – Exclusion of an economic operator having committed an infringement of national … Continue reading Generali-Providencia Biztosito Zrt v Kozbeszerzesi Hatosag Kozbeszerzesi Dontobizottsag: ECJ 18 Dec 2014
ECJ (Judgment) Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of pension funds’ income – Difference in treatment of resident and non-resident pension funds – Resident pension funds subject to lump sum taxation on the basis of a notional yield – Withholding tax applied to dividends received … Continue reading Pensioenfonds Metaal En Techniek: ECJ 2 Jun 2016
(Law Governing The Institutions) Under section 111 of the Rules of Procedure, where the Court manifestly lacks jurisdiction to entertain an appeal, he may, without further proceedings, give its decision by reasoned order.In this case, the Court has sufficient information from the documents of the case and decides, pursuant to this article, to decide without … Continue reading Kauk v Germany: ECFI 8 Aug 2011
ECJ (Judgment) Competition – Cartels – International air transit services – Decision finding an infringement of Article 101 TFEU – Extra charges and pricing mechanisms that affect the final price – Effect on trade between Member States – Assessment errors – Duration of offense – amount of the fine – Paragraph 13 of the guidelines … Continue reading Kuhne + Nagel International And Others v Commission: ECFI 29 Feb 2016
ECJ (Judgment) Appeal – Resource conservation measures and restructuring of the fisheries sector – Requests for increased safety tonnage – Annulment by the European Union judicature of the decision initially rejecting those requests – Article 266 TFEU – Repeal of the legal basis on which that initial decision was founded – Competence and legal basis … Continue reading Commission v McBride And Others: ECJ 14 Jun 2016
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
ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Definition of the market – Effect on trade between Member States – Cooperation – Partial immunity from a fine … Continue reading EGL And Others v Commission (Judgment): ECFI 29 Feb 2016
ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Evidence contained in an application for immunity – Protection of the confidentiality of communications between lawyers and clients – … Continue reading Deutsche Bahn And Others v Commission (Judgment): ECFI 29 Feb 2016
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom of movement – Possible difference in treatment compared with EU citizens who have exercised their right to freedom … Continue reading Dereci and Others (European Citizenship): ECJ 15 Nov 2011
ECJ Citizenship of the Union – Article 20 TFEU – Directive 2003/86/EC – Right to family reunification – Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals – Permanent right of residence in that Member State … Continue reading O and S v Maahanmuuttovirasto V L: ECJ 6 Dec 2012
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019
Direct taxation – Free movement of capital – Article 64 TFEU – Legal persons established in a non-Member State – Ownership of immovable property located in a Member State – Tax on the market value of that property – Refusal of exemption – Assessment with regard to overseas countries and territories – Combating tax evasion … Continue reading Prunus (Free Movement Of Capital): ECJ 5 May 2011
Accession of New Member States – Croatia – Opinion – Request for a preliminary ruling – Accession of new Member States – Croatia – Transitional measures – Free movement of workers – Articles 56 and 57 TFEU – Freedom to provide services – Directive 96/71/EC – Posting of workers – Scope – Posting of Croatian … Continue reading Danieli and C Officine Meccaniche and Others: ECJ 26 Apr 2018
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018
Competition – Judgment -Appeal – Competition – Agreements, Article 101 TFEU – Price fixing – International air transit services – Pricing agreement affecting the final price of services Citations: ECLI:EU:C:2018:56, [2018] EUECJ C-261/16 Links: Bailii Jurisdiction: European Commercial Updated: 04 April 2022; Ref: scu.604726
(Competition – Judgment) Reference for a preliminary ruling – Public procurement – Articles 49 and 56 TFEU – Directive 2004/18/EC – Reasons for exclusion from a tendering procedure – Insurance services – Participation of several Lloyd’s of London syndicates in the same tendering procedure – Signature of tenders by the Lloyd’s of London General Representative … Continue reading Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria: ECJ 8 Feb 2018
Judgment – Appeal – State aid – Article 107(1) TFEU – Public broadcasting service – Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark – Concept of ‘aid granted by a Member State or through State resources’ Citations: C-656/15, [2017] EUECJ C-656/15 Links: Bailii Jurisdiction: European Media Updated: 01 April 2022; … Continue reading Commission v Tv2/Danmark (State Aid – Public Broadcasting Service): ECJ 9 Nov 2017
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
ECJ (Judgment) Appeal – Access to documents of the institutions – Article 15 (3) TFEU – Regulation (EC) No 1049/2001 – Application for access to the pleadings lodged by the Republic of Austria in connection with the application Commission v Austria (C-189/09, unpublished, EU: C: 2010: 455) – Documents in the possession of the European … Continue reading Commission v Breyer: ECJ 18 Jul 2017
ECJ Reference for a preliminary ruling – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Articles 3, 5 and 6 – Workers of a company with its seat in Member State A, posted to carry out works in Member State B – Minimum wage provided for by the collective agreements of Member State … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015
ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Articles 34 to 36 TFEU – Purely domestic situation – Food safety – Regulation (EC) No 178/2002 – Article 6 – Principle of risk analysis – Article 7 – Precautionary principle – Regulation (EC) No 1925/2006 – Member State legislation prohibiting the … Continue reading Queisser Pharma: ECJ 19 Jan 2017
ECJ Judgment – Reference for a preliminary ruling – Environment – Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Article 3 (3) – Plans and programs subject to an environmental assessment only when Member States establish Are likely to have significant effects on the environment … Continue reading Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016
ECJ Judgment – Reference for a preliminary ruling – Directive 98/59 / EC – approximation of the laws of the Member States relating to collective redundancies – Article 49 TFEU – Freedom of establishment – Charter of Fundamental Rights of the European Union – Article 16 – Freedom of enterprise – National law conferring on … Continue reading Anonymous Geniki Etairia Tsimenton Iraklis (Aget Iraklis) v Ypourgos Ergasias and Others: ECJ 21 Dec 2016
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 (Judgment) Preliminary reference – Fundamental Freedoms – Articles 49, 56 and 63 TFEU – Situation in which all the elements are confined within a Member State – Non-contractual liability of a Member State for damage caused to individuals by breaches of law Union attributable to the national legislature and the national courts ECLI:EU:C:2016:874, [2016] … Continue reading Ullens De Schooten: ECJ 15 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 (Order) Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clauses 3 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Obligation to state the objective reasons – Elimination – Reduction in … Continue reading Vino v Poste Italiane: ECJ 11 Nov 2010
ECJ (Judgment) Reference for a preliminary ruling – Directive 2011/64/EU – Article 15(1) – Free determination, by the manufacturers and importers, of the maximum retail selling prices of manufactured tobacco products – National regulation prohibiting the sale of such products by retailers at prices lower than those indicated on the revenue stamp – Free movement … Continue reading Etablissements Fr. Colruyt: ECJ 21 Sep 2016
ECJ (Judgment) Failure of a Member State to fulfil obligations – Free movement of goods – Article 34 TFEU – Quantitative restrictions on imports – Measures having equivalent effect – Precious metals hallmarked in a third country in accordance with Netherlands legislation – Import into the Czech Republic after being put into free circulation – … Continue reading Commission v Czech Republic C-525/14: ECJ 22 Sep 2016
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
ECJ Competition – Agreements, decisions and concerted practices – Belgian, Dutch, French and Dutch markets for shrimps in the North Sea – Decision finding an infringement of Article 101 TFEU – Price fixing and allocation of sales volumes – Admissibility of evidence – Use as Evidence of secret recordings of telephone conversations – Appraisal of … Continue reading Goldfish and Others v Commission (Judgment) French Text: ECFI 8 Sep 2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement – Conditions for participating in a call for tenders and assessment of economic and financial standing – Exclusion of the tenderer for not … Continue reading Politano C-225/15: ECJ 8 Sep 2016
ECJ Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition ‘by object’ – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreements concluded between a patent holder and generic … Continue reading Lundbeck v Commission (Judgment): ECFI 8 Sep 2016
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
Opinion – Request for a preliminary ruling – Citizenship of the European Union – First paragraph of Article 18 TFEU and Article 21(1) TFEU – Request for the extradition to Russia of a national of one Member State present on the territory of another Member State – Refusal of a Member State to extradite its … Continue reading Petruhhin (Advocate Generals Opinion): ECJ 10 May 2016
ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – National measure incompatible with EU law – Legal consequences – Power of the national court to maintain certain effects of that measure provisionally – Third paragraph of Article 267 TFEU – … Continue reading Association France Nature Environnement v Premier ministre: ECJ 28 Jul 2016
ECJ (Judgment) Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Purely internal situation – Application of analogous national rules – Jurisdiction of the Court – Concerted practice – Liability of an undertaking for the acts of a service provider – Conditions T von Danwitz, P C-542/14, [2016] EUECJ C-542/14, [2016] WLR(D) … Continue reading VM Remonts And Others v Konkurences padome and Others: ECJ 21 Jul 2016
EJ (Judgment) Appeal – Common foreign and security policy (CFSP) – Decision 2009/906/CFSP – European Union Police Mission (EUPM) in Bosnia and Herzegovina – National staff member on secondment – Redeployment in a regional office of that mission – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 … Continue reading H v Council And Others: ECJ 19 Jul 2016
