Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014
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
AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’ Judges: Jackson, Underhill, Burnett LJJ Citations: [2017] EWCA Civ 35, … Continue reading AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022
(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the Secretary of State to seek out or validate evidence must be exercised sparingly and in a fact-sensitive way, bearing … Continue reading NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the … Continue reading Harman International Industries (Free movement of goods – Place of first marketing of products by the proprietor of the trade mark or with its consent – Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Area of ??freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion and extradition – Right of … Continue reading X v Staatssecretaris Van Justitie En Veiligheid (Eloignement – Cannabis Therapeutique): ECJ 22 Nov 2022
Reference for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – … Continue reading Staatssecretaris Van Justitie En Veiligheid (Examen D’Office De La Retention) (Area of Freedom, Security and Justice – Detention of Third-Country Nationals – Opinion): ECJ 21 Jun 2022
ECJ Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Opinion – Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject … Continue reading SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Review of the judgment in Case T-234/11 P – Action for annulment – Admissibility – Time-limit for bringing proceedings – Time-limit not set by a provision of European Union law – Concept of ‘reasonable period’ – Interpretation – Obligation on the Courts of the European Union to take account of the particular circumstances of … Continue reading Jaramillo v European Investment Bank: ECJ 28 Feb 2013
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in … Continue reading Alemo-Herron and Others v Parkwood Leisure Ltd: ECJ 19 Feb 2013
ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third parties potentially affected by a cartel – Legislative ban on access without the consent of all parties to public law competition proceedings – … Continue reading Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 Feb 2013
ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of access of broadcasters to such events for the purpose of making short news reports – Limitation of possible compensation for the holder … Continue reading Sky Osterreich Gmbh v Osterreichischer Rundfunk: ECJ 22 Jan 2013
ECJ Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Alleged violation of the right to respect for human dignity – Effective judicial protection – Right of access to a court Judges: T. von Danwitz, P Citations: C-23/12, [2013] EUECJ C-23/12 Links: Bailii … Continue reading Mohamad Zakaria: ECJ 17 Jan 2013
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct VAT – Refusal – Fraud – Administration of evidence – Principle of respect for the rights of the defense – Law to be heard – Access to file – Article 47 of the … Continue reading Glencore Agriculture Hungary: ECJ 5 Jun 2019
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of … Continue reading Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Orszagos Idegenrendeszeti Foigazgatosag Del-Alfoldi Regionalis Igazgatosag (Opinion): ECJ 23 Apr 2020
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Nelson Antunes Da Cunha (Judgment): ECJ 30 Apr 2020
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
Judges: Lady Justice King Lady Justice Simler And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 70, [2022] IRLR 347, [2022] ICR 818, [2022] WLR(D) 59 Links: Bailii, WLRD Statutes: Working Time Directive 2003/88/EC, Charter of Fundamental Rights of the European Union Jurisdiction: England and Wales Citing: Appeal from – Smith v Pimlico Plumbers Ltd … Continue reading Smith v Pimlico Plumbers Ltd: CA 1 Feb 2022
(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express … Continue reading Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 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
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective … Continue reading Star Storage (Judgment): ECJ 15 Sep 2016
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
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
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading LM v Minister for Justice and Equality: ECJ 25 Jul 2018
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015
Reference for a preliminary ruling – Directive 2001/23/EC – Scope – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights -Service contract for the management of a municipal Academy of Music – Cessation of the activity of the first contractor before the end of the current school year and designation of a new … Continue reading Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018
Judgment – Reference for a preliminary ruling – Common fisheries policy – Regulation (EU) No 1380/2013 – Article 16 (6) and Article 17 – Allocation of fishing opportunities – National legislation providing for a method based on objective and transparent criteria – Conditions for fishing competition between operators in the sector – Charter of Fundamental … Continue reading Spika and Others v Fisheries Service under the Ministry of Agriculture of the Republic of Lithuania: ECJ 12 Jul 2018
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for refusal to execute – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Rule of law – Article 7 TEU – Reasoned proposal of … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 2018
(Order Of The Court) Citations: C-169/14, [2014] EUECJ C-169/14, ECLI: EU: C: 2014:1388 Links: Bailii Jurisdiction: European Cited by: Order – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014 ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
ECJ Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Asylum policy – Charter of Fundamental Rights of the European Union – Article 4 – Directive 2004/83/EC – Article 2(e) – Eligibility for subsidiary protection – Article 15(b) – Risk of serious harm to the psychological health of the … Continue reading MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment – Differential treatment based on religion or belief – Professional activities of churches or other organizations whose ethics are based on religion or beliefs beliefs – Religion or belief constituting an essential, legitimate and justified professional … Continue reading Egenberger v Evangelisches Werk fur Diakonie und Entwicklung eV: ECJ 17 Apr 2018
Citizenship of The Union – UK – Return of A Union Citizen To The Member State – Opinion – Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Return of a Union citizen to the Member State of which that citizen is a national after having exercised free movement … Continue reading Secretary of State for the Home Department v Banger: ECJ 10 Apr 2018
External Relations – Restrictive Measures v Iran – Opinion – Appeal – Common Foreign and Security Policy – Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Re-listing decision following annulment of initial listing decision by EU Courts on the … Continue reading National Iranian Tanker Company v Council: ECJ 11 Apr 2018
ECJ (Mutual Assistance for The Recovery of Claims Relating To Taxes – Opinion) Council Directive 2010/24/EU – Mutual assistance for the recovery of claims relating to taxes, duties and other measures – Notification to a person of a claim after, rather than before, the issuance of a request for its recovery by the uniform instrument … Continue reading Donnellan v The Revenue Commissioners: ECJ 8 Mar 2018
Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Fear of persecution on grounds of sexual orientation … Continue reading F v Bevandorlasi es Allampolgarsagi Hivatal: ECJ 25 Jan 2018
Economic and Monetary Policy Economic and Monetary Policy – Action for annulment – Implementing Decision (EU) 2015/1289 – Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area – Manipulation of statistical data relating to the deficit of the Member State concerned – Jurisdiction – … Continue reading Spain v Council – C-521/15: ECJ 20 Dec 2017
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 167 and 168 – Right of deduction – Refusal – Tax evasion – Taking of evidence – Stay of proceedings on an administrative complaint relating to a notice of taxation refusing a right to deduct, pending the outcome … Continue reading SC Cridar Cons (Judgment): ECJ 24 Feb 2022
Judgment – Appeal – Competition – Agreements, decisions and concerted practices – European airfreight market – Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services – Defective statement of reasons – Plea involving a matter of public policy raised by the EU courts of their own … Continue reading British Airways v Commission (Competition – Agreements, Decisions and Concerted Practices): ECJ 14 Nov 2017
(Judgment) Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46 / EC – Articles 1, 7 and 13 – Processing of personal data – Article 4 (3) Establishment of a list of personal data – Purpose – Collection of tax – … Continue reading Puskar v Financne riaditelstvo Slovenskej republiky: ECJ 27 Sep 2017
(Judgment) Reference for a preliminary ruling – Asylum policy – Directive 2013/32 / EU – Articles 12, 14, 31 and 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – Rejection of an application for international protection – Possibility for the court to adjudicate without … Continue reading Sacko v Commissione Territoriale per il riconoscimento della protezione internazionale di Milano: ECJ 26 Jul 2017
ECJ Non-Contractual Liability – Representation of The European Union – Barring of Actions : Judgment – Non-contractual liability – Representation of the European Union – Barring of actions – Nullification of the legal effects of a decision which has become final – Precision of the application – Admissibility – Article 47 of the Charter of … Continue reading Guardian Europe v European Union: ECFI 7 Jun 2017
ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States … Continue reading Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 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 – EU law – Rights conferred on individuals – Infringement by a court – Questions referred for a preliminary ruling – Reference to the Court – National court of last instance Judges: R. Silva de Lapuerta (Rapporteur), P Citations: ECLI:EU:C:2017:209, [2017] EUECJ C-3/16 Links: Bailii Statutes: Charter of … Continue reading Aquino v Belgische Staat: ECJ 15 Mar 2017
ECJ Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication – Time-limit … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 26 Sep 2013
Opinion – Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2(2) – Scope – Transfer of personal data for commercial purposes to the United States of America – Processing by the United States of America’s public authorities for national … Continue reading Facebook Ireland and Schrems: ECJ 19 Dec 2019
Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Article 2(2) – Scope – Transfers of personal data to third countries for commercial purposes – Article 45 … Continue reading Facebook Ireland and Schrems: ECJ 16 Jul 2020
ECJ (Judgment) Non-contractual liability – Clarifying of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Causal link Citations: ECLI:EU:T:2017:105, [2017] EUECJ T-40/15 Links: Bailii Jurisdiction: European Human Rights, … Continue reading ASPLA and Armando Alvarez v European Union: ECFI 17 Feb 2017
ECJ Judgment -Non-contractual liability – Accuracy of the application – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Intangible damage – Causality Citations: ECLI:EU:T:2017:48, [2017] EUECJ T-479/14 Links: Bailii Jurisdiction: European Banking Updated: 29 … Continue reading Kendrion v European Union: ECFI 1 Feb 2017
(Judgment) Non-contractual liability – Article 47 of the Charter of Fundamental Rights – Reasonable time for judgment – Circumstances specific to the case – Issue of the dispute – Complexity of the dispute – Conduct of the parties and the occurrence of procedural incidents – No period of inactivity Unjustified Citations: ECLI:EU:T:2017:47, [2017] EUECJ T-725/14 … Continue reading Aalberts Industries v European Union: ECFI 1 Feb 2017
ECJ Appeals – Order for interim measures – Public service contracts – Procurement procedure concerning the supply of insurance services for property and persons – Rejection of the bid made by a tenderer and decision to award the contract to another tenderer – Application for suspension of operation – Particularly serious prima facie case – … Continue reading Commission v Vanbreda Risk and Benefits: ECJ 23 Apr 2015
ECJ (Judgment) Non-contractual liability – Accuracy of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Losses suffered – Interest on the amount of unpaid fine – Loss of chance – Intangible damage – Causal link Citations: T-577/14, [2017] EUECJ T-577/14 … Continue reading Gascogne Sack Deutschland and Gascogne v European Union: ECFI 10 Jan 2017
ECJ Judgment – Appeal – State aid – Operation of Video Lottery Terminals – Grant by a Member State of an exclusive licence – Decision finding no State aid – Article 108(3) TFEU – Regulation (EC) No 659/1999 – Articles 4, 7 and 13 – Failure to initiate the formal investigation procedure – Concept of … Continue reading Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016
ECJ Judgment – Reference for a preliminary ruling – Directive 93/13 / EEC – Directive 2009/22 / EC – Consumer protection – Effect erga omnes of unfair terms in a public register – Pecuniary penalty imposed on a professional who has used a clause considered equivalent to that in the audit Register – Professional not … Continue reading Biuro Podrozy v Prezes Urzedu Ochrony Konkurencji i Konsumentow: ECJ 21 Dec 2016
ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Article 6(3) – Aarhus Convention – Public participation in decision-making and access to justice in environmental matters – Articles 6 and 9 – Charter of Fundamental Rights of the European Union – Article 47 – Right to … Continue reading Lesoochranarske Zoskupenie Vlk: ECJ 8 Nov 2016
ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – European prestressing steel market – Fines – Setting of the fines – 2006 Guidelines for the setting of fines – Point 35 – Unlimited jurisdiction – Obligation to state reasons – Charter of Fundamental Rights of the European Union – Article 47 – … Continue reading Trafilerie Meridionali v Commission: ECJ 14 Sep 2016
ECJ (Judgment) Appeals – Competition – Cartels – European Market for prestressing steel – Fines – Determination of the amount of fines -Regulation (EC) No 1/2003 – Article 23, paragraph 2 – Presumption of the actual exercise of influence determinant of the parent company on the subsidiary – Guidelines for calculating the amount of the … Continue reading Ori Martin SA v Commission: ECJ 14 Sep 2016
ECJ (Judgment) (Grand Chamber) Reference for a preliminary ruling – Article 267 TFEU – Article 94 of the Rules of Procedure of the Court – Content of a request for a preliminary ruling – National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for … Continue reading Ognyanov: ECJ 5 Jul 2016
(Opinion) Reference for a preliminary ruling – Immigration policy – Return of illegally staying third-country nationals – Parent of a minor child suffering from a serious illness who became of full age during the appeal procedure relating to the rejection of the authorization request of stay – Order to leave the territory – Directive 2008/115 … Continue reading LM v CPAS De Seraing: ECJ 4 Mar 2020
(Judgment) Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Common procedures for granting international protection – Directive 2013/32 / EU – Article 46, paragraph 3 – Full and ex nunc examination – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective … Continue reading PG v Bevandorlasi Es Menekultugyi Hivatal: ECJ 19 Mar 2020
(Judgment) Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National legislation providing for ” inadmissibility of the application if the applicant has arrived in the Member … Continue reading LH v Bevandorlasi Es Menekultugyi Hivatal (Tompa): ECJ 19 Mar 2020
(Approximation of Laws – Opinion) Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58 / EC – Scope – Article 1, paragraph 3 – Article 15, paragraph 1 – Article 4, paragraph 2, TEU – Charter of Fundamental Rights of the European … Continue reading Ordre Des Barreaux Francophones and Germanophone and Others v Council: ECJ 15 Jan 2020
(Approximation of Laws – Opinion) Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Protection of national security and the fight against terrorism – Directive 2002/58 / EC – Scope – Article 1, paragraph 3 – Article 15, paragraph 3 – Article 4, paragraph … Continue reading La Quadrature Du Net and Others: ECJ 15 Jan 2020
ECJ (Judgment) Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Articles 2, 24, 43, 250 and 273 – Place of supply of electronically supplied services – Artificial fixing of that place by means of an arrangement not reflecting economic reality – Abuse of rights – Regulation (EU) No 904/2010 – … Continue reading WebMindLicenses Kft v Nemzeti Ado-es Vamhivatal Kiemelt Ado-es Vam Foigazgatosag: ECJ 17 Dec 2015
ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – Article 39 – Right to an effective remedy – Multiple asylum claims – Non-suspensory effect of an appeal against a decision of … Continue reading Tall v Centre public d’action sociale de Huy: ECJ 17 Dec 2015
ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid annual leave – National legislation contrary to EU law – Role of the national court A Tizzano, P … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 2015
ECJ (Judgment) Civil service – FRA staff – Member of the temporary staff – Career development report – Internal appeal – Accusations of discrimination – Accusations of victimisation within the meaning of Directive 2000/43 – Administrative enquiry – Disciplinary proceedings – Disciplinary penalty – Reprimand – Articles 2, 3, and 11 of Annex IX to … Continue reading DD v FRA: ECJ 8 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Charter of Fundamental Rights of the European Union – Article 6 – Right to liberty and security – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Obligation to execute the European arrest warrant … Continue reading Minister for Justice and Equality v Lanigan: ECJ 16 Jul 2015
Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 93/13 / EEC – Article 7 – Charter of Fundamental Rights of the European Union – Articles 7 and 47 – Contracts concluded with consumers – mortgage agreement – Unfair terms – foreclosure procedure – Appeal Right of … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 16 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – Internal market in natural gas -Directive 2003/55/EC – Article 25 – Directive 2009/73/EC – Articles 41 and 54 – Temporal application -Regulation (EC) No 1775/2005 – Article 5 – Capacity allocation mechanisms and congestion management procedures – Decision of a regulatory authority – Right to bring … Continue reading E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 2015
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Recovery of import duties – Origin of goods – Means of proof – Charter of Fundamental Rights of the European Union – Article 47 – Rights of the defence – Right to effective judicial protection – Procedural autonomy of the Member States … Continue reading Unitrading Ltd v Staatssecretaris van Financien: ECJ 23 Oct 2014
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 2014
Access to documents – Decision 2004/258 / EC – Documents relating to the adoption of a resolution mechanism with regard to Banco Popular Espanol – Partial refusal of access – Exception relating to the protection of the confidentiality of the deliberations of decision-making bodies of the ECB – Documents reflecting the outcome of the deliberations … Continue reading Aeris Invest v ECB (Judgment): ECFI 6 Oct 2021
ECJ (Order Of The Court) Preliminary ruling – Fundamental rights – Charter of Fundamental Rights of the European Union – Articles 47, 50 and 54 – Implementation of EU law – None – Manifest lack of jurisdiction of the Court MCG Fernlund, P C-45/14, [2014] EUECJ C-45/14 – CO Bailii European European, Human Rights Updated: … Continue reading Balazs And Papp: ECJ 19 Jun 2014
ECJ Judgment – Directives 92/40/EEC and 2005/94/EC – Decisions 2006/105/EC and 2006/115/EC – Charter of Fundamental Rights of the European Union – Articles 16, 17 and 47 – Measures for the control of avian influenza -Compensation for damage A. Borg Barthet, P C-56/13, [2014] EUECJ C-56/13 Bailii Directive 2005/94/EC, Directive 92/40/EEC European, Human Rights Updated: … Continue reading Ersekcsanadi Mezogazdasagi v Bacs-Kiskun Megyei Kormanyhivatal: ECJ 22 May 2014
ECJ Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Judicial fees and deposits required for lodging appeals in employment law cases – Failure to implement European Union law – Scope of European Union law – Lack of jurisdiction of … Continue reading Torralbo Marcos v Korota SA: ECJ 27 Mar 2014
ECJ Opinion – Regulation (EC) No 1083/2006 – Regulation (EC) No 1080/2006 – European Regional Development Fund – Powers of Monitoring Committee for an operational programme aiming at the promotion of European territorial cooperation – Joint programme of two Member States – Division of responsibilities between Monitoring Committee and Managing Authority of the programme – … Continue reading MTU Liivimaa Lihaveis v Eesti-Lati programmi 2007-2013 Seirekomitee: ECJ 13 Mar 2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. Lord Dyson MR, Richards, Pitchford LJJ [2014] EWCA Civ 254, [2014] 2 WLR 1334, [2014] Env LR 26, [2014] … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: CA 12 Mar 2014
ECJ Customs action against goods suspected of infringing intellectual property rights – Regulation (EC) No 1383/2003 – Article 13(1) – Competent authority to conduct proceedings to determine whether an intellectual property right has been infringed – Competence of the customs authorities to initiate proceedings to determine whether an intellectual property right has been infringed – … Continue reading Sintax Trading v Maksu ja Tolliameti Pohja maksu ja tollikeskus (Advocate Generals Opinion): ECJ 28 Jan 2014
ECJ Opinion – Electronic communications – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Validity – Article 5(4) TEU – Proportionality of action of the European Union – Charter of Fundamental Rights – Article 7 – Respect for privacy – Article 8 – Protection … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013
Opinion – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to receive information in criminal proceedings – Directive 2012/13/EU – Articles 3 to 7 – Written Letter of Rights upon arrest – Right to be informed of the accusation – Right of access to the materials of the case – … Continue reading Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020
ECJ Principle of non-discrimination on grounds of age – Charter of Fundamental Rights of the European Union – Article 21(1) – Directive 2000/78/EC – Article 6(1) and (2) – Occupational pension scheme – Increases in the amount of contributions on the basis of age R. Silva de Lapuerta, P C-476/11, [2013] EUECJ C-476/11, [2014] EUECJ … Continue reading HK Danmark v Experian A/S: ECJ 26 Sep 2013
Interim proceedings – Article 279 TFEU – Request for interim measures – Article 19, paragraph 1, second subparagraph, TEU – Independence of the Izba Dyscyplinarna (disciplinary chamber) of the Sad Najwyzszy (Supreme Court, Poland) – Charter of fundamental rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – … Continue reading Commission v Poland (Order): ECJ 14 Jul 2021
ECJ Agriculture – Procedural autonomy of the Member States – Common agricultural policy – Aid – Administrative law disputes – Determination of the court with jurisdiction – National criterion – Administrative court in whose judicial district the seat of the authority which adopted the contested act is located – Principle of equivalence – Principle of … Continue reading Et Agrokonsulting-04-Velko Stoyanov v Izpalnitelen Direktor Na Darzhaven Fond (Zemedelie) – Razplashtatelna Agentsia: ECJ 27 Jun 2013
References for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Indirect discrimination – Contractual usufructuary rights or rights of use in agricultural land – Prohibition of the acquisition of such rights by persons other than members of the close family of the … Continue reading Segro (Free Movement of Capital – Opinion): ECJ 31 May 2017
melloniECJ2012 ECJ Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between Member States – Decisions rendered at the end of proceedings in which the person concerned has not appeared in person – Execution of a sentence pronounced in absentia – Possibility of review of the judgment V Skouris P … Continue reading Criminal Proceedings Against Stefano Melloni: ECJ 26 Feb 2013
ECJ (Opinion) Social policy – Directive 77/187/EEC – Safeguarding of employees rights in the event of transfers of undertakings – Transfer of staff of a public entity to another public person – Recognition by the legislation of a Member State, such that interpreted by the supreme court of that State, seniority acquired before such transfer … Continue reading Scattolon v Ministero Dell Istruzione, Dell Universita E Della Ricerca: ECJ 5 Apr 2011
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal A Tizzano, P ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14 Bailii Directive 93/13/EEC, Charter of Fundamental Rights of the … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014
ECJ Opinion – Preliminary reference – personal data – Protection of individuals with regard to the processing of these data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Article 25 – Decision 2000/520 / EC – Transfer of personal data to the United States … Continue reading Schrems v Data Protection Commissioner: ECJ 23 Sep 2015
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – … Continue reading Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016
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
Aklagaren_FranssonECJ2013 ECJ (Grand Chamber) Charter of Fundamental Rights of the European Union – Field of application – Article 51 – Implementation of European Union law – Punishment of conduct prejudicial to own resources of the European Union – Article 50 – Ne bis in idem principle – National system involving two separate sets of proceedings, … Continue reading Aklagaren v Hans Akerberg Fransson: ECJ 26 Feb 2013