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
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit … Continue reading Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of … Continue reading Tyrolean Airways Tiroler Luftfahrt Gesellschaft v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH,: ECJ 7 Jun 2012
(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
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
ECJ Directive 2000/78/EC – Articles 2(2) and 6(1) – Charter of Fundamental Rights of the European Union – Articles 21 and 28 – Collective agreement on pay for public sector contractual employees of a Member State – Pay determined by reference to age – Collective agreement abolishing the determination of pay by reference to age … Continue reading Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
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
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
(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 Request for a preliminary ruling – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Article 45 TFEU – Directive 2000/78/EC – Difference in treatment on grounds of age – Determination of the reference date for the purposes of advancement on the salary … Continue reading Pohl (Judgment of The Court): ECJ 16 Jan 2014
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
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 Judgment – Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78 / EC – Equal treatment in employment and occupation – Article 2 (1) and (2) – Discrimination on grounds of age – Collective labor agreement – Extension of the period from the … Continue reading Bowman v Pensionsversicherungsanstalt: ECJ 21 Dec 2016
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Principle prohibiting discrimination on grounds of age – National legislation incompatible with the directive – Possibility for a private person to bring proceedings to establish the liability of the State for breach … Continue reading Dansk Industri v Estate of Karsten Eigil Rasmussen: ECJ 19 Apr 2016
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
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
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
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
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
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Housing Orthodox Jewish Only not Discriminatory Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox … Continue reading Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020
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
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015
Discriminatory Temporary Suspension of Worker ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1 to 3 – Prohibition of all discrimination based on a disability – Whether a ‘disability’ exists – Concept of ‘long-term physical, mental, intellectual or sensory impairments’ – … Continue reading Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016
Discriminatory Intent of Firm Founded Claim (Equal Treatment In Employment and Occupation – Prohibition of Discrimination – Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a), Article 8(1) and Article 9(2) – Prohibition of discrimination based on sexual orientation – Conditions for access to employment … Continue reading NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020
Reference for a preliminary ruling – Social policy – Principle of equal treatment in matters of employment and occupation – Directive 2000/78 / EC – Article 6, paragraph 1 – Charter of Fundamental Rights of the European Union – Article 21 – . .
