Search Results for: Charter of Fundamental Rights of the European Union 27

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AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017

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

Bayatyan v Armenia: ECHR 27 Oct 2009

The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He was convicted, and his punishment increased on the prosecutor’s appeal. Held: The complaint failed. Judges: Josep Casadevall, P Citations: 23459/03, [2009] ECHR 1652 Links: Bailii Statutes: European Convention on Human … Continue reading Bayatyan v Armenia: ECHR 27 Oct 2009

Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 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

Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016

ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016

Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 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

Puskar v Financne riaditelstvo Slovenskej republiky: ECJ 27 Sep 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

Guardian Europe v European Union: ECFI 7 Jun 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

The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021

This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control. Judges: … Continue reading The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021

Torralbo Marcos v Korota SA: ECJ 27 Mar 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

Association De Mediation Sociale v Union Locale Des Syndicats CGT: ECJ 15 Jan 2014

ECJ Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing staff to certain thresholds of employees – Calculation of the thresholds – National legislation contrary to European Union law – Role of the national court [2014] All ER (EC) … Continue reading Association De Mediation Sociale v Union Locale Des Syndicats CGT: ECJ 15 Jan 2014

Et Agrokonsulting-04-Velko Stoyanov v Izpalnitelen Direktor Na Darzhaven Fond (Zemedelie) – Razplashtatelna Agentsia: ECJ 27 Jun 2013

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

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

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

Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014

ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed in connection with the provision of such services – Validity – Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union V Skouris, … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014

(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

Nelson Antunes Da Cunha (Judgment): ECJ 30 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

Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

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

Luksan v Van Der Let (Intellectual Property) French Text: ECJ 6 Sep 2011

ECJ Directive 93/83/EEC – Directive 2006/116/EC, Directive 2001/29/EC – Directive 2005/115/EC – Copyright of the principal director of a film – Allocation of exclusive exploitation rights to the producer Film – Conditions – Article 14bis of the Berne Convention – Article 17 of the Charter of Fundamental Rights of the European Union – Equitable remuneration … Continue reading Luksan v Van Der Let (Intellectual Property) French Text: ECJ 6 Sep 2011

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP … Continue reading Kadi v Council and Commission: ECJ 3 Sep 2008

The United States of America v Nolan: SC 21 Oct 2015

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

Volker Und Markus Schecke v Land Hessen (Approximation Of Laws): ECJ 9 Nov 2010

ECJ (Grand Chamber) Protection of natural persons with regard to the processing of personal data – Publication of information on beneficiaries of agricultural aid – Validity of the provisions of European Union law providing for that publication and laying down detailed rules for such publication – Charter of Fundamental Rights of the European Union – … Continue reading Volker Und Markus Schecke v Land Hessen (Approximation Of Laws): ECJ 9 Nov 2010

XH and AIT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jul 2016

The claimants challenged the right of the respondent, purporting to us the royal prerogative, to withdraw their passports on being suspect of terrorist links. Held: The claims were dismissed. The use of the Royal Preogative was long established, and ‘we are in no doubt that it is not to be implied that Parliament intended to … Continue reading XH and AIT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jul 2016

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(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

MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018

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

Nagy v HajduBihar Megyei Kormanyhivatal and Others: ECJ 10 Oct 2013

ECJ (Judgment) Preliminary reference – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – Absence – Clear lack of jurisdiction of the Court Citations: ECLI:EU:C:2013:703, [2013] EUECJ C-488/12 Links: Bailii Jurisdiction: European European, Human Rights Updated: 08 April 2022; Ref: scu.569027

National Iranian Tanker Company v Council: ECJ 11 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

Polkomtel sp Zoo v Prezes Urzedu Komunikacji Elektronicznej: ECJ 20 Dec 2017

Approximation of Laws – Telecommunications – Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Articles 8 and 16 – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power – Price control – Obligations imposed by national regulatory authorities … Continue reading Polkomtel sp Zoo v Prezes Urzedu Komunikacji Elektronicznej: ECJ 20 Dec 2017

Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 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

Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 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

C K and Others v Republika Slovenija: ECJ 16 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Area of ??freedom, security and justice – Borders, asylum and immigration – Dublin system – Regulation (EU) No 604/2013 – Article 4 of the Charter of Fundamental Rights of the European Union – Inhuman treatments Or degrading treatment – Transfer of a seriously ill asylum seeker to … Continue reading C K and Others v Republika Slovenija: ECJ 16 Feb 2017

Commission v Vanbreda Risk and Benefits: ECJ 23 Apr 2015

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

Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016

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

Biuro Podrozy v Prezes Urzedu Ochrony Konkurencji i Konsumentow: 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

Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Environment – Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Article 3 (3) – Plans and programs subject to an environmental assessment only when Member States establish Are likely to have significant effects on the environment … Continue reading Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016

Anonymous Geniki Etairia Tsimenton Iraklis (Aget Iraklis) v Ypourgos Ergasias and Others: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 98/59 / EC – approximation of the laws of the Member States relating to collective redundancies – Article 49 TFEU – Freedom of establishment – Charter of Fundamental Rights of the European Union – Article 16 – Freedom of enterprise – National law conferring on … Continue reading Anonymous Geniki Etairia Tsimenton Iraklis (Aget Iraklis) v Ypourgos Ergasias and Others: ECJ 21 Dec 2016

Bowman v Pensionsversicherungsanstalt: ECJ 21 Dec 2016

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

Lesoochranarske Zoskupenie Vlk: ECJ 8 Nov 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

ZS ‘Ezernieki’ v Lauku atbalsta dienests: ECJ 26 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Agriculture – European Agricultural Guidance and Guarantee Fund – Regulations (EC) Nos 1257/1999 and 817/2004 – Support for rural development – Recovery of undue payments – Increase of the area declared during the five-year commitment period above the threshold provided for – Replacement of the original commitment … Continue reading ZS ‘Ezernieki’ v Lauku atbalsta dienests: ECJ 26 May 2016

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

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

Dansk Industri v Estate of Karsten Eigil Rasmussen: ECJ 19 Apr 2016

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

JN v Staatssecretaris Van Veiligheid En Justitie: ECJ 15 Feb 2016

ECJ Reference for a preliminary ruling – Urgent preliminary ruling procedure – Standards for the reception of applicants for international protection – Directive 2008/115/EC – Lawful residence – Directive 2013/32/EU – Article 9 – Right to remain in a Member State – Directive 2013/33/EU – Point (e) of the first subparagraph of Article 8(3) – … Continue reading JN v Staatssecretaris Van Veiligheid En Justitie: ECJ 15 Feb 2016

WebMindLicenses Kft v Nemzeti Ado-es Vamhivatal Kiemelt Ado-es Vam Foigazgatosag: ECJ 17 Dec 2015

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

Petsch v Commission: ECJ 30 Jun 2015

ECJ Judgment – Public service – Contract staff – Staff of childcare facilities – Reform of the Staff Regulations Staff came into force on 1 January 2014 – Regulation No. 1023/2013 – Increased working hours – monthly Additional amount – Article 50 of Regulation procedure – Hierarchy of norms – General implementing provisions of Article … Continue reading Petsch v Commission: ECJ 30 Jun 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

Sindicato Nacional Dos Profissionais De Seguros E Afins: ECJ 21 Oct 2014

ECJ Order – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination – National legislation establishing salary reductions for certain public sector employees – No implementation of EU law – Clear lack of jurisdiction of … Continue reading Sindicato Nacional Dos Profissionais De Seguros E Afins: ECJ 21 Oct 2014

Schonberger v Parliament: ECJ 17 Jul 2014

ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014

Aeris Invest v ECB (Judgment): ECFI 6 Oct 2021

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

Panczyk v Dyrektor Zakladu Emerytalno-Rentowego Ministerstwa Spraw Wewnetrznych i Administracji w Warszawie: ECJ 12 Jun 2014

ECJ Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court C-28/14, [2014] EUECJ C-28/14 – CO Bailii European Updated: 05 December 2021; Ref: scu.527249

Balazs And Papp: ECJ 19 Jun 2014

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

Euris Consult v Parliament: ECFI 30 Apr 2014

ECJ (Judgment Of The Court Of First Instance) Public service contracts – Tender procedure – Provision of translation services into Maltese – Rules relating to the procedure for the submission of tenders – Rejection of a tenderer’s bid – Failure to comply with the rules on submission designed to ensure the confidentiality of the contents … Continue reading Euris Consult v Parliament: ECFI 30 Apr 2014

Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo: ECJ 6 Mar 2014

ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – General principles of European Union law – implementation of European Union law – Scope of European Union law – A sufficient connection – Lack of such a connection – Lack of jurisdiction of the Court E. Juhasz, P C-206/13, … Continue reading Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo: ECJ 6 Mar 2014

Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020

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

Commission v Poland (Order): ECJ 14 Jul 2021

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

Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020

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

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014

Internet Search Engine – Name Removal ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014

Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

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