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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

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

Facebook Ireland and Schrems: ECJ 19 Dec 2019

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

Facebook Ireland and Schrems: ECJ 16 Jul 2020

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

Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court. Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention … Continue reading Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

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

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Right to be forgotten by Search Engine ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

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

Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002

The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002

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

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017

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

Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

Dereci and Others (European Citizenship): ECJ 15 Nov 2011

ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom of movement – Possible difference in treatment compared with EU citizens who have exercised their right to freedom … Continue reading Dereci and Others (European Citizenship): ECJ 15 Nov 2011

KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018

Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with … Continue reading KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018

Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

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

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

Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017

Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to … Continue reading Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017

Resolution to amend the Constitution: 28 Sep 1981

Supreme Court of Canada The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen in right of the United Kingdom and a statute, to which was appended another statute providing … Continue reading Resolution to amend the Constitution: 28 Sep 1981

Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018

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

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

Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

Spika and Others v Fisheries Service under the Ministry of Agriculture of the Republic of Lithuania: ECJ 12 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

Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 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

Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014

(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

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

Pohl (Judgment of The Court): ECJ 16 Jan 2014

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

Ministerio Fiscal – C-207/16: ECJ 3 May 2018

Electronic Communications – Processing of Personal Data – Opinion – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Right to private life and right to protection of personal data – Directive 2002/58/EC – Article 1 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles … Continue reading Ministerio Fiscal – C-207/16: ECJ 3 May 2018

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

Consorzio Italian Management E Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA: ECJ 19 Apr 2018

Judgment – Reference for a preliminary ruling – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Directive 2004/17/EC – Obligation to review prices after the award of the contract – No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive … Continue reading Consorzio Italian Management E Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA: ECJ 19 Apr 2018

Egenberger v Evangelisches Werk fur Diakonie und Entwicklung eV: ECJ 17 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

GD v Commissioner of The Garda Siochana and Others: ECJ 5 Apr 2022

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of the communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Access to retained data – Subsequent court supervision – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental … Continue reading GD v Commissioner of The Garda Siochana and Others: ECJ 5 Apr 2022

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

Administration Des Douanes and Droits Indirects and Franceagrimer: ECJ 12 Apr 2018

Opinion – Reference for a preliminary ruling – Principle of retroactive application of the softer criminal law – Article 49 (1), third sentence, of the Charter of Fundamental Rights – Export refunds – Specific export refunds for certain types of meat boned cattle – Specific export refunds obtained by means of maneuvers or misrepresentation as … Continue reading Administration Des Douanes and Droits Indirects and Franceagrimer: ECJ 12 Apr 2018

Secretary of State for the Home Department v Banger: ECJ 10 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

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

Donnellan v The Revenue Commissioners: ECJ 8 Mar 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

F v Bevandorlasi es Allampolgarsagi Hivatal: ECJ 25 Jan 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

Smith v Pimlico Plumbers Ltd: CA 1 Feb 2022

Judges: Lady Justice King Lady Justice Simler And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 70 Links: Bailii 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 (Working Time Regulations) EAT 17-Mar-2021 The Claimant is a plumbing … Continue reading Smith v Pimlico Plumbers Ltd: CA 1 Feb 2022

Glavna direktsia Pozharna bezopasnost i zashtita na naselenieto (Judgment): ECJ 24 Feb 2022

Reference for a preliminary ruling – Social policy – Organization of working time – Directive 2003/88/EC – Article 8 – Article 12(a) – Articles 20 and 31 of the Charter of Fundamental Rights of the European Union – Reduction of working time standard of night work as compared with that of day work – Workers … Continue reading Glavna direktsia Pozharna bezopasnost i zashtita na naselenieto (Judgment): ECJ 24 Feb 2022

Spain v Council – C-521/15: ECJ 20 Dec 2017

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

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

British Airways v Commission (Competition – Agreements, Decisions and Concerted Practices): ECJ 14 Nov 2017

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

BB Construct (Taxation – Value Added Tax : Judgment): ECJ 26 Oct 2017

Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Inclusion in the register of taxable persons for VAT – National law requiring provision of a guarantee – Combating fraud – Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Principle of non-discrimination – Principle … Continue reading BB Construct (Taxation – Value Added Tax : Judgment): ECJ 26 Oct 2017

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

Sacko v Commissione Territoriale per il riconoscimento della protezione internazionale di Milano: ECJ 26 Jul 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

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

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

Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017

The Court was asked whether section 32(4) of the Act, which provides in certain circumstances for an automatic stay of proceedings in respect of journalistic materials (amongst others), is incompatible with EU law. Held: The sub section forms an important part of the protection of the rights of freedom of expression. A greater need is … Continue reading Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017

Aquino v Belgische Staat: ECJ 15 Mar 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

Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 26 Sep 2013

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

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

Smith v Pimlico Plumbers Ltd (Working Time Regulations): EAT 17 Mar 2021

The Claimant is a plumbing and heating engineer, who worked for the Respondent from August 2005 to May 2011. Throughout that period, the Respondent maintained that the Claimant was a self-employed independent contractor with no entitlement to paid annual leave. The Claimant did take periods of unpaid leave. On 3 May 2011, the Respondent suspended … Continue reading Smith v Pimlico Plumbers Ltd (Working Time Regulations): EAT 17 Mar 2021

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

Kendrion v European Union: ECFI 1 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

Aalberts Industries 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

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

Netguru v EUIPO (Netguru): ECFI 17 Jan 2017

ECJ (Judgment) Trademark of the European Union – European trademark application NETGURU – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights – Article 75 of Regulation No 207/2009 – Article … Continue reading Netguru v EUIPO (Netguru): ECFI 17 Jan 2017

Gascogne Sack Deutschland and Gascogne v European Union: ECFI 10 Jan 2017

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

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

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

Paoletti And Others: ECJ 6 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 6 TEU – Article 49 of the Charter of Fundamental Rights of the European Union – Principle of retroactivity of the more lenient criminal law – Italian nationals having organised the illegal entry into Italy of Romanian nationals – Acts carried out before the accession of … Continue reading Paoletti And Others: ECJ 6 Oct 2016

Trafilerie Meridionali v Commission: ECJ 14 Sep 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

Ori Martin SA 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

Petruhhin (Advocate Generals Opinion): ECJ 10 May 2016

Opinion – Request for a preliminary ruling – Citizenship of the European Union – First paragraph of Article 18 TFEU and Article 21(1) TFEU – Request for the extradition to Russia of a national of one Member State present on the territory of another Member State – Refusal of a Member State to extradite its … Continue reading Petruhhin (Advocate Generals Opinion): ECJ 10 May 2016

JZ v Prokuratura Rejonowa Lodz – Srodmiescie: ECJ 28 Jul 2016

ECJ (Judgment) Preliminary reference – urgent preliminary ruling procedure – police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – Article 26, paragraph 1 – European arrest warrant – Effects of discount – Deduction of the period of detention received in the executing member State – Definition of ‘detention’ – restrictive … Continue reading JZ v Prokuratura Rejonowa Lodz – Srodmiescie: ECJ 28 Jul 2016

Ognyanov: ECJ 5 Jul 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

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

LM v CPAS De Seraing: ECJ 4 Mar 2020

(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

PG v Bevandorlasi Es Menekultugyi Hivatal: ECJ 19 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

LH v Bevandorlasi Es Menekultugyi Hivatal (Tompa): 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

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 – 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

La Quadrature Du Net and Others: 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

Baldonedo Martin v Ayuntamiento of Madrid: ECJ 22 Jan 2020

(Judgment) Reference for a preliminary ruling – Social policy – Directive 1999/70 / EC – CES, UNICE and CEEP framework agreement on fixed-term employment – Clause 4 – Principle of non-discrimination – Clause 5 – Measures to prevent abuses resulting from ” use of successive fixed-term employment contracts or relationships – Compensation in the event … Continue reading Baldonedo Martin v Ayuntamiento of Madrid: ECJ 22 Jan 2020

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

Office national de l’emploi v M and M: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU and Article 48 TFEU – Charter of Fundamental Rights of the European Union – Article 15(2) – Regulation (EEC) No 1408/71 – Article 67(3) – Social security – Unemployment benefit to supplement income from part-time employment – Award of that benefit – Completion of … Continue reading Office national de l’emploi v M and M: ECJ 7 Apr 2016

Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016

ECJ (Judgment) Non-contractual liability – Health policy – Fight against Avian Influenza – Import Prohibition in wild birds captured Union – Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139 / 2013 – sufficiently serious breach of rules of law conferring rights on individuals – Infringement manifest and serious limitations of discretion – Proportionality … Continue reading Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 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

Tall v Centre public d’action sociale de Huy: 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

Neptune Distribution v Ministre de l’Economie et des Finances: ECJ 17 Dec 2015

Judgment – Reference for a preliminary ruling – Regulation (EC) No 1924/2006 – Directive 2009/54/EC – Articles 11(1) and 16 of the Charter of Fundamental Rights of the European Union – Consumer protection – Nutrition and health claims – Natural mineral waters – Sodium/salt content – Calculation – Sodium chloride (table salt) or total amount … Continue reading Neptune Distribution v Ministre de l’Economie et des Finances: ECJ 17 Dec 2015

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 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

DD v FRA: ECJ 8 Oct 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

Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018

(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018

Minister for Justice and Equality v Lanigan: ECJ 16 Jul 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

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

Jackson and others v Attorney General: HL 13 Oct 2005

The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Pondiche v Statul roman: ECJ 7 May 2015

ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – The granting of allowances for dependent children – Determination of the applicable law according to the date of the child’s birth and not on the date of its design – Lack of implementation of Union law – Clear lack of … Continue reading Pondiche v Statul roman: ECJ 7 May 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

Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015

EJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Biometric data – Regulation (EC) No 2252/2004 – Article 1(3) – Article 4(3) – Use of data collected for purposes other than the issue of passports and travel documents – Establishment and use of databases containing … Continue reading Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015

E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 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

Trabelsi And Others v Council: ECJ 28 May 2013

ECJ Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Article 17(1) of the Charter of Fundamental Rights of the European Union – Action for damages – Article 44(1)(c) of the Rules of Procedure of the General Court … Continue reading Trabelsi And Others v Council: ECJ 28 May 2013