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
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
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
(Order Of The Court) Citations: C-169/14,  EUECJ C-169/14, ECLI: EU: C: 2014:1388 Links: Bailii Jurisdiction: European Cited by: Order – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 3-Jul-2014 ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 5 Jun 2014
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
ECJ (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,  EUECJ C-488/12 Links: Bailii Jurisdiction: European European, Human Rights Updated: 08 April 2022; Ref: scu.569027
Judges: Lady Justice King Lady Justice Simler And Lady Justice Elisabeth Laing Citations:  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
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
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
ECJ Non-Contractual Liability – Representation of The European Union – Barring of Actions : Judgment – Non-contractual liability – Representation of the European Union – Barring of actions – Nullification of the legal effects of a decision which has become final – Precision of the application – Admissibility – Article 47 of the Charter of … Continue reading Guardian Europe v European Union: ECFI 7 Jun 2017
ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States … Continue reading Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017
ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest … Continue reading Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 Jun 2017
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
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
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 – 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
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
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
Opinion – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to receive information in criminal proceedings – Directive 2012/13/EU – Articles 3 to 7 – Written Letter of Rights upon arrest – Right to be informed of the accusation – Right of access to the materials of the case – … Continue reading Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020
ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – … Continue reading European Commission v Guido Strack: ECJ 19 Sep 2013
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
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal A Tizzano, P ECLI:EU:C:2014:2099,  EUECJ C-169/14 Bailii Directive 93/13/EEC, Charter of Fundamental Rights of the … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014
ECJ 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
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20, paragraph 2 – Directive 2011/24 / EU – Article 8, paragraphs 1 and 5 as well as paragraph 6, sub d) – Health insurance – Hospital care provided in a . .
(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 . .
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good . .
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – . .
ECJ Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC . .
(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 . .
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.