Application for leave to appeal granted. Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that the Tribunal have power to make findings of fact and to reverse findings of … Continue reading Secretary of State for Home Department v Ravichandran: CA 6 Jun 1997
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision. Held: The essence of the grounds for excluding a European Union national from the United Kingdom must be disclosed by virtue of article 47 … Continue reading ZZ v Secretary of State for The Home Department: CA 24 Jan 2014
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
Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999
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
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 81202/17, [2022] ECHR 961 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682631
ECJ Judgment – Reference for a preliminary ruling – Waste electrical and electronic equipment – Directive 2002/96/EC – Articles 2(1) and 3(a) and Annexes I A and I B – Directive 2012/19/EU – Articles 2(1)(a), 2(3)(b) and 3(1)(a) and (b), and Annexes I and II – Concepts of ‘electrical and electronic equipment’ and ‘electrical and … Continue reading Sommer Antriebs-Und Funktechnik v Rademacher Gerate-Elektronik GmbH and Co. KG: ECJ 16 Jul 2015
There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the contract is not a sham, it is likely to wish … Continue reading Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 18106/12, [2020] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651048
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
ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark STAYER – Earlier international word mark STAYER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 Citations: T-254/13, [2015] EUECJ T-254/13, ECLI:EU:T:2015:362 Links: Bailii Statutes: Regulation No 207/2009 8(1) 53(1)(a) Jurisdiction: European … Continue reading Stayer Iberica v OHMI – Korporaciya ‘Masternet’ (Stayer): ECFI 4 Jun 2015
ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – No distinctive character – Article 7(1)(b) of Regulation No 207/2009 Citations: T-448/13, [2015] EUECJ T-448/13 Links: Bailii Jurisdiction: European Intellectual Property Updated: 30 November … Continue reading Bora Creations v OHMI – Beaute Prestige International (Essence): ECFI 3 Jun 2015
Judgment – Public service – Staff of the EEAS – Officials – Promotion – Articles 43 and 45, paragraph 1, of the Statute – Consideration of comparative merits of all the officials eligible for promotion – Officials offered by the services of the EEAS staff and not offered – Inclusion staff reports – Likes exclusively … Continue reading Gross v EEAS: ECJ 3 Jun 2015
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark YOO – Earlier national and international word marks YO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Judges: S Papasavvas, P Citations: T-562/14, [2015] EUECJ T-562/14, ECLI:EU:T:2015:363 Links: Bailii Statutes: Regulation … Continue reading Yoo Holdings v OHMI – Eckes-Granini Group (Yoo): ECFI 4 Jun 2015
Europa Competition – Cartels – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principles of legal certainty and non-retroactivity – Principle of proportionality – Equal treatment – Obligation to state reasons – Rights of the defence. … Continue reading Archer Daniels Midland v Commission (Competition): ECFI 27 Sep 2006
VAT – goods despatched from warehouse in Netherlands delivered to UK customers – Article 33 of the PVD – whether goods despatched or transported ‘by or on behalf of the supplier’ – CJEU judgment in KrakVet applied to the facts – goods supplied by or on behalf of Appellant – appeal refused Citations: [2020] UKFTT … Continue reading Healthspan Ltd v Revenue and Customs (VAT – Goods Despatched From Warehouse In Netherlands Delivered To UK Customers): FTTTx 17 Dec 2020
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
ECHR Judgment : Article 14+P1-3 – Prohibition of discrimination : First Section Citations: 49636/14, [2022] ECHR 981 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682598
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 2 of Protocol No. 1 Citations: 33076/10, [2017] ECHR 594 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607681
ECHR Judgment : Violation of Article 10 – Freedom of expression-{General} Article 10-1 – Freedom of expression Pecuniary and non-pecuniary losses Citations: 28199/15, [2017] ECHR 567 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607656
ECHR Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life Article 8 Citations: 13812/09, [2017] ECHR 571 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607631
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
VAT – Agricultural Flat Rate Scheme – Article 296(2) of the Principal VAT Directive – each Member State may exclude from the flat-rate scheme farmers for whom application of the normal VAT arrangements is not likely to give rise to administrative difficulties – interpretation by the CJEU in Shields and Sons v HMRC – Regulation … Continue reading Harrison v Revenue and Customs (VAT – Agricultural Flat Rate Scheme): FTTTx 16 Dec 2020
Appeal – Competition Agreements, decisions and concerted practices – Sodium gluconate market – Fines – Guidelines on the method of setting fines – Community competition policy – Equal treatment – Turnover to be taken into account – Attenuating circumstances Citations: [2009] EUECJ C-510/06, [2009] 4 CMLR 20 Links: Bailii Jurisdiction: European Citing: Opinion – Archer … Continue reading Archer Daniels Midland v Commission (Competition): ECJ 19 Mar 2009
Appeal – Community trade mark – Application for registration of the figurative sign ‘a’ – Absolute grounds for refusal – Distinctive character – Mark consisting of a single letter Citations: [2010] EUECJ C-265/09 Links: Bailii Jurisdiction: European Citing: Opinion – OHIM v Borco-Marken-Import Matthiesen ECJ 6-May-2010 (Intellectual Property) Opinion – Appeal Community trade mark Sign … Continue reading OHIM v Borco-Marken-Import Matthiesen: ECJ 9 Sep 2010
The Commission, dealing with admissibility, pointed out that noise nuisance could be so severe as to amount to a partial expropriation where it rendered a property unsaleable or unusable, severely affecting its value. Where substantial compensation was payable in a control of use case (involving substantial interference with the applicant’s enjoyment of her property) there … Continue reading S v France: ECHR 1990
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – European Union trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by the European Union trade mark – Burden of proof – Effective judicial protection Citations: C-175/21, [2022] EUECJ C-175/21_O, ECLI:EU:C:2022:481 Links: … Continue reading Harman International Industries (Opinion): ECJ 16 Jun 2022
Social policy – Equal treatment for male and female workers – Directive 76/207/EEC – Articles 2 and 5 – Right to leave for employed mothers – Possible use by an employed mother or an employed father – Mother self-employed – Exclusion of the right to leave for an employed father Citations: [2010] EUECJ C-104/09, [2011] … Continue reading Roca Alvarez (Social Policy): ECJ 30 Sep 2010
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011
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
EU (Opinion) Appeal Competition Article 81 EC Cartel Sodium gluconate market Regulation No 17 Fines Guidelines on the method of setting fines Statement of reasons demonstrating the need to increase the level of fines EEA-wide product turnover Principle of equal treatment Determination of market impact Burden of pleading and proving the facts Duration of the … Continue reading Archer Daniels Midland v Commission (Competition): ECJ 15 May 2008
Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007
A not for profit institute whose stated aims were ‘supporting the proper administration of justice and the early resolution of disputes’ came within the terms of the Directive and was exempt from VAT. Article 13A(1)(l) provided for exemption for the supply of services by such organisations having ‘aims of a civic nature’. That phrase had … Continue reading Expert Witness Institute v Commissioners of Customs and Excise: CA 12 Dec 2001
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
The complainant has requested information from the Department of Health and Social Care (DHSC) relating to news articles published in The Times. The DHSC refused to disclose the requested information, citing section 12(1) of FOIA as a basis for non-disclosure, however it later changed its position and stated that it did not hold the requested … Continue reading Department of Health and Social Care (Central Government) ic-48112: ICO 27 Jan 2022
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 77681/14, [2020] ECHR 244 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649710
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 79177/16, [2020] ECHR 134 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649681
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Non-pecuniary damage – award : Third Section Committee Citations: 43301/07, [2018] ECHR 981, [2020] ECHR 640 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631283
ECHR Judgment : Article 14+2 – Prohibition of discrimination : Third Section Citations: 655/16, [2018] ECHR 1003 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631281
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 63634/16, [2022] ECHR 900 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681865
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 23537/19, [2022] ECHR 873 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681742
ECJ Social security – Regulation (EEC) No 1408/71 – Article 1(r) – Definition of ‘periods of insurance’ – Article 46 – Calculation of retirement pension – Periods of insurance to be taken into consideration – Frontier workers – Period of incapacity for work – Aggregation of similar benefits paid by two Member States – No … Continue reading Edgard Mulders v Rijksdienst Voor Pensioenen: ECJ 18 Apr 2013
ECJ Trade marks – Regulation (EC) No 40/94 – Article 15(1) – Definition of ‘genuine use’ – Trade mark used only as one element of a composite mark or in conjunction with another mark Judges: T von Danwitz, P Citations: C-12/12, [2013] EUECJ C-12/12 Links: Bailii Statutes: Regulation (EC) No 40/94 15(1) Jurisdiction: European Intellectual … Continue reading Colloseum Holding Ag v Levi Strauss and Co: ECJ 18 Apr 2013
ECJ Trade marks – Directive 89/104/EEC – Article 5(1) – Exclusive rights of the trade mark proprietor – Shared use of a trade mark – Consent – Revocation of consent to use a trade mark – Unfair competition Judges: Cruz Villalon AG Citations: C-661/11, [2013] EUECJ C-661/11 Links: Bailii Statutes: Directive 89/104/EEC 5(1) Jurisdiction: European … Continue reading Martin y Paz Diffusion Sa v David Depuydt: ECJ 18 Apr 2013
ECFI Competition – Agreements, decisions and concerted practices – Copyright relating to public performance of musical works via the internet, satellite and cable retransmission – Decision finding an infringement of Article 81 EC – Sharing of the geographic market – Bilateral agreements between national collecting societies – Concerted practices precluding the possibility of granting multi-territory … Continue reading Saveltajain Tekijanoikeustoimisto Teosto Ry v European Commission: ECJ 12 Apr 2013
ECJ Taxation – VAT – Directive 2006/112/EC – Article 203 – Principle of fiscal neutrality – Refund to the supplier of tax paid where the recipient under an exempt transaction is refused a right of deduction Judges: T. von Danwitz (Rapporteur), P Citations: C-138/12, [2013] EUECJ C-138/12 Links: Bailii European, VAT Updated: 17 November 2022; … Continue reading Rusedespred Ood v Direktor Na Direktsia etc: ECJ 11 Apr 2013
ECJ Failure of a Member State to fulfil obligations – Environment – Directive 2008/1/EC – Article 5 – Integrated pollution prevention and control – Conditions governing the granting of permits for existing installations – Obligation to ensure that such installations operate in accordance with the requirements of that directive Citations: C-158/12, [2013] EUECJ C-158/12 Links: … Continue reading European Commission v Ireland: ECJ 11 Apr 2013
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013
ECFI Community trade mark – Opposition proceedings -Application for Community word mark CLUB GOURMET – Earlier national figurative mark CLUB DEL GOURMET, EN . . El Corte Ingles – Relative ground for refusal – Lack of similarity between the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 – Arguments and evidence adduced … Continue reading El Corte Ingles, Sa v Office For Harmonisation In The Internal Market: ECFI 20 Mar 2013
ECJ Interim relief – Competition – Publication of a decision finding an infringement of Article 81 EC – Rejection of request for confidential treatment of information allegedly covered by business secrecy – Application for interim measures – Urgency – Prima facie case – Weighing up of interests Citations: T-462/12, [2013] EUECJ T-462/12, [2015] EUECJ T-462/12 … Continue reading Pilkington Group Ltd v European Commission: ECFI 11 Mar 2013
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 42504/17, [2022] ECHR 841 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681651
Reference for a preliminary ruling – Social policy – Equal treatment in matters of employment and occupation – Directive 2000/78/EC – Article 2(1) and (2) – Prohibition of discrimination based on age – National legislation having the effect that the treatment received by certain magistrates is higher than that of other magistrates of the same … Continue reading Curtea De Apel Alba Iulia and Others (Judgment): ECJ 20 Oct 2022
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 41557/13, [2022] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681711
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Residence permit issued to third-country nationals who are victims of human trafficking or have been the subject of illegal immigration assistance and who cooperate with the competent authorities – Directive 2004/81/EC – Article 6 – Scope – National of a … Continue reading Staatssecretaris Van Justitie En Veiligheid (Eloignement De La Victime De La Traite D’Etres Humains) (Judgment): ECJ 20 Oct 2022
ECJ Opinion – Competition – Agreements, decisions and concerted practices – Article 85 EEC, Article 81 EC and Article 101 TFEU – Regulation (EEC) No 17 – Regulation (EC) No 1/2003 – Error by an undertaking as to whether its conduct is contrary to competition law (error of law) – Attributability of the error of … Continue reading Schenker And Co Ag And Others: ECJ 28 Feb 2013
ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting by a third party over the internet of signals of commercial television broadcasters – ‘Live streaming’ – Communication to the public Judges: L. Bay Larsen, P Citations: C-607/11, [2013] EUECJ C-607/11 Links: Bailii Statutes: Directive 2001/29/EC 3(1) Citing: At Patents Court – ITV Broadcasting Ltd and Others … Continue reading ITV Studios Ltd v TVCatchup Ltd: ECJ 7 Mar 2013
ECJ Opinion – Appeal – Agreements, decisions and concerted practices – European market in copper and copper alloy fittings – Article 81 EC and Article 53 of the EEA Agreement – Fixing prices, discounts and rebates, introduction of mechanisms for coordinating price increases, allocating customers and exchanging commercial information – Concept of undertaking – Single, … Continue reading European Commission v Aalberts Industries Nv: ECJ 28 Feb 2013
The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
ECJ Taxation – VAT – Directive 2006/112/EC – Article 132(1)(m) – Exemption – Supply of services closely linked to sport or physical education – Taking part in sporting activities of a non-organised and unsystematic nature – Municipal aquatic park Citations: C-18/12, [2013] EUECJ C-18/12 Links: Bailii Statutes: Directive 2006/112/EC European, VAT Updated: 14 November 2022; … Continue reading Mesto Zamberk v Financni Reditelstvi V Hradci Kralove: ECJ 21 Feb 2013
The claimants’ flights had been cancelled. In one case the passengers had been booked on an alternative flight which had been treated as a substitute for the original flight and the carriage had been performed under the original tickets. In the other, the passengers were booked on a flight operated by another airline and fresh … Continue reading Sturgeon and Others v Condor Flugdienst GmbH: ECJ 19 Nov 2009
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
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 2564/21, [2022] ECHR 795 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681628
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
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 4973/18, [2022] ECHR 856 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681737
ECFI Community trade mark – Application for Community word mark ecoDoor – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Council Regulation (EC) No 207/2009 Judges: I Pelikanova R Citations: T-625/11, [2013] EUECJ T-625/11 Links: Bailii Statutes: Council Regulation (EC) No 207/2009 7(1)(c) European, Intellectual Property Updated: 13 November 2022; Ref: scu.470196
ECFI Community trade mark – Opposition proceedings – Application for the Community word mark BELLRAM – Earlier national word and figurative marks RAM and Ram – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to be heard – Articles 63(2), 75 and 76 of Regulation … Continue reading Lidl Stiftung and Co. Kg v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 15 Jan 2013
EU trade mark – Application for three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017 /1001 Citations: T-700/21, [2022] EUECJ T-700/21, ECLI:EU:T:2022:565 Links: Bailii Jurisdiction: European Intellectual Property Updated: 13 November 2022; Ref: scu.681795
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 8777/12, [2022] ECHR 823 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681656
ECHR Judgment : No Article 6 – Right to a fair trial : Fourth Section Citations: 8701/21, [2022] ECHR 765 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681726
Reference for a preliminary ruling – Internal market – Regulation (EU) No 910/2014 – Article 3, point 12 – Concept of ‘qualified electronic signature’ – Article 25(1) – Article 26 – Annex I – Legal effects of electronic signatures – Requirements relating to an advanced electronic signature – Administrative act drawn up in the form … Continue reading Ekofrukt (Judgment): ECJ 20 Oct 2022
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 61463/14, [2022] ECHR 827 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681738
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 19062/15, [2022] ECHR 829 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681727
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 26454/13, [2022] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681636
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2113/20, [2022] ECHR 881 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681650
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 10596/13, [2022] ECHR 898 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681864
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Citations: 60277/19, [2022] ECHR 905 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681859
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
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
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19957/21, [2022] ECHR 803 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681647
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 15984/21, [2022] ECHR 798 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681699
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2102/20, [2022] ECHR 880 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681688
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fifth Section Citations: 22636/19, [2022] ECHR 820 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681648
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Scope – Article 2(2)(a) – Concept of ‘activity which does not fall within the scope of the law of the Union’ – National and European elections – Article 6(1)(e) – Lawfulness of processing – Article 58 – Act adopted by … Continue reading Koalitsia Demokratichna Bulgaria – Obedinenie (Judgment): ECJ 20 Oct 2022
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 47731/19, [2022] ECHR 877 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681663
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 72087/17, [2022] ECHR 847 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681747
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 50829/09, [2022] ECHR 770 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681667
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 37610/18, [2022] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681702
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 76344/12, [2022] ECHR 824 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681643
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 46509/20, [2022] ECHR 749 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681627
ECJ Civil service – Contract staff – Remuneration – Expatriation allowance – Conditions laid down in Article 4 of Annex VII – Habitual residence before the inauguration. Citations: 28/10, [2011] EUECJ 28/10 Links: Bailii Jurisdiction: European Employment Updated: 09 November 2022; Ref: scu.430716
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 25622/21, [2022] ECHR 892 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681705
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 50194/20, [2022] ECHR 889 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681762