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
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECJ (Grand Chamber) 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
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
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
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
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
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
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
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
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
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
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
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
ECJ Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Asylum policy – Charter of Fundamental Rights of the European Union – Article 4 – Directive 2004/83/EC – Article 2(e) – Eligibility for subsidiary protection – Article 15(b) – Risk of serious harm to the psychological health of the … Continue reading MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018
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
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
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 167 and 168 – Right of deduction – Refusal – Tax evasion – Taking of evidence – Stay of proceedings on an administrative complaint relating to a notice of taxation refusing a right to deduct, pending the outcome … Continue reading SC Cridar Cons (Judgment): ECJ 24 Feb 2022
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
Opinion – Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2(2) – Scope – Transfer of personal data for commercial purposes to the United States of America – Processing by the United States of America’s public authorities for national … Continue reading Facebook Ireland and Schrems: ECJ 19 Dec 2019
Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Article 2(2) – Scope – Transfers of personal data to third countries for commercial purposes – Article 45 … Continue reading Facebook Ireland and Schrems: ECJ 16 Jul 2020
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
ECJ Judgment – Appeal – State aid – Operation of Video Lottery Terminals – Grant by a Member State of an exclusive licence – Decision finding no State aid – Article 108(3) TFEU – Regulation (EC) No 659/1999 – Articles 4, 7 and 13 – Failure to initiate the formal investigation procedure – Concept of … Continue reading Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016
ECJ Judgment – Reference for a preliminary ruling – Directive 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
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 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
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
(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
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
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
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 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
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos  EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
ECJ Judgment – Directives 92/40/EEC and 2005/94/EC – Decisions 2006/105/EC and 2006/115/EC – Charter of Fundamental Rights of the European Union – Articles 16, 17 and 47 – Measures for the control of avian influenza -Compensation for damage A. Borg Barthet, P C-56/13,  EUECJ C-56/13 Bailii Directive 2005/94/EC, Directive 92/40/EEC European, Human Rights Updated: … Continue reading Ersekcsanadi Mezogazdasagi v Bacs-Kiskun Megyei Kormanyhivatal: ECJ 22 May 2014
ECJ (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
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
Prohibition of inhuman or degrading treatment ECJ (Grand Chamber) European Union law – Principles – Fundamental rights – Implementation of European Union law – Prohibition of inhuman or degrading treatment – Common European Asylum System – Regulation (EC) No 343/2003 – Concept of ‘safe countries’ – Transfer of an asylum seeker to the Member State … Continue reading NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011
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
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
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – … Continue reading Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National … Continue reading Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department: ECJ 21 Dec 2016
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
schwarz_stadtbochumECJ1013 ECJ Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Fingerprints – Regulation (EC) No 2252/2004 – Article 1(2) – Validity – Legal basis – Procedure for adopting – Articles 7 and 8 of the Charter of Fundamental Rights of the European Union – Right to respect … Continue reading Michael Schwarz v Stadt Bochum: ECJ 17 Oct 2013
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
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
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 20 – Electronic cigarettes and refill containers – Validity – Principle of equal treatment – Principles of proportionality and legal certainty – Principle of subsidiarity – Charter of Fundamental Rights of the European Union – Articles 16 and 17 … Continue reading Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016
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
LB v College van burgemeester en wethouders van de gemeente Echt-Susteren; Sebava BV – Reference for a preliminary ruling – Aarhus Convention – Article 6 – Participation rights – Public participation procedure – Article 2(4) and (5) – ‘The public’ . .
(Opinion) Reference for a preliminary ruling – Social security – Medical insurance – Regulation (EC) No 883/2004 – Article 20(2) – Authorisation to receive treatment outside the Member State of residence -Authorisation granted where the treatment is . .
ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of . .
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of . .
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 . .
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 – . .
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 . .
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human . .
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 . .
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 – . .