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Commission v Greece (Law Relating To Undertakings): ECJ 9 Jul 2009

Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates. Citations: C-199/07, [2009] EUECJ C-199/07 Links: Bailii Jurisdiction: European Cited by: See Also – Commission v Greece (Law Relating To Undertakings) ECJ 12-Nov-2009 ECJ Failure of a Member … Continue reading Commission v Greece (Law Relating To Undertakings): ECJ 9 Jul 2009

Cabras v Institut National D’Assurance Maladie-Invalidite.: ECJ 21 Mar 1990

(Social Security For Migrant Workers) Article 46(3) of Council Regulation No 1408/71 must be interpreted as meaning that the highest theoretical amount of benefits calculated according to Article 46(2)(a) constitutes the limit on the benefits which may be claimed by a migrant worker under Community legislation, even where that theoretical amount is equal to the … Continue reading Cabras v Institut National D’Assurance Maladie-Invalidite.: ECJ 21 Mar 1990

Lord Gray’s Motion: HL 12 Nov 1999

(Committee for Privileges) The proposed House of Lords Bill which would have the effect of removing the right of Scottish hereditary Lords to sit in the House of Lords was not a breach of the Treaty of Union between England and Scotland. Such Lords were present to represent the nations as a whole, and not … Continue reading Lord Gray’s Motion: HL 12 Nov 1999

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Barry v London Borough of Southwark: CA 19 Dec 2008

The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had also suffered an injury preventing him working. Held: The appeal succeeded. The term ‘worker’ … Continue reading Barry v London Borough of Southwark: CA 19 Dec 2008

ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 2008

The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia. Held: The international system of arbitration was not subject to any national law and did not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The … Continue reading ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 2008

Pringle v Government of Ireland: ECJ 27 Nov 2012

ECJ Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States Judges: V Skouris, P Citations: C-370/12, [2012] EUECJ C-370/12, [2012] … Continue reading Pringle v Government of Ireland: ECJ 27 Nov 2012

SP v Commission (ECSC) T-98/03: ECFI 25 Oct 2007

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission Citations: T-98/03, [2007] EUECJ T-98/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261349

SP v Commission (ECSC) T-27/03: ECFI 25 Oct 2007

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-27/03, [2007] EUECJ T-27/03 Links: Bailii Jurisdiction: European Commercial Updated: 12 July 2022; Ref: scu.261345

SP v Commission (ECSC) T-80/03: ECFI 25 Oct 2007

Europa Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-80/03, [2007] EUECJ T-80/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261347

SP v Commission (ECSC) T-97/03: ECFI 25 Oct 2007

ECJ Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission. Citations: T-97/03, [2007] EUECJ T-97/03 Links: Bailii Jurisdiction: European European Updated: 12 July 2022; Ref: scu.261348

Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18. Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art … Continue reading Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The magistrates, and divisional court rejected the argument saying his claim was an abuse of … Continue reading Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

Nikoloudi v Organismos Tilepikinonion Ellados AE, (Social Policy): ECJ 10 Mar 2005

Europa Social policy – Male and female workers – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Directive 75/117/EEC – Equal pay – Directive 76/207/EEC – Equal treatment – Temporary part-time posts – Exclusion from appointment as an … Continue reading Nikoloudi v Organismos Tilepikinonion Ellados AE, (Social Policy): ECJ 10 Mar 2005

Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

Senior Engineering Investments BV v Staatssecretaris van Financien: ECJ 12 Jan 2006

ECJ Directive 69/335 – Indirect taxes on the raising of capital – National rules taxing a (subsidiary) company by way of capital duty in respect of a contribution made by its parent company (the grandparent company) in favour of its subsidiary (a sub-subsidiary company) – Capital duty – Increase of capital – Payment ‘to the … Continue reading Senior Engineering Investments BV v Staatssecretaris van Financien: ECJ 12 Jan 2006

William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002

The applicant appealed a refusal to rule that the system of allowing females better retirement options than would be granted to him as a Health Service employee were sexually discriminatory. The difference arose because of differentials applied before the directive came into effect, by the 1980 regulations. The case fell within the rule in Barber, … Continue reading William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002

Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994

Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994

Ferlini v Centre hospitalier de Luxembourg: ECJ 3 Oct 2000

ECJ A national of one Member State working in another Member State does not lose his status of worker within the meaning of Article 48(1) of the Treaty (now, after amendment, Article 39(1) EC) through occupying a post within an international organisation, even if the rules relating to entry into and residence in the country … Continue reading Ferlini v Centre hospitalier de Luxembourg: ECJ 3 Oct 2000

Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2): CA 12 Oct 2005

The applicant intended to appeal refusal of her challenge to the verdict of the coroner. For the first time at appeal she sought a protective costs order. Held: The Corner House case established that a request for a protective costs order could only be approved if the applicant had no private interest in the outcome … Continue reading Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2): CA 12 Oct 2005

In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005

The court was asked whether it was contrary to Community law – specifically, the provisions then contained in article 52 of the EC Treaty (now renumbered as article 43) – for the domestic tax law in the United Kingdom to differentiate, in the treatment of advance corporation tax on dividends paid by a subsidiary company … Continue reading Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002

The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community. Held: The scheme did infringe the right of free movement of goods, but the court … Continue reading Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002

Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal Article 6 of Council Regulation No 1009/86 establishing … Continue reading Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989

Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled only to equal treatment in regard to access to employment in accordance with … Continue reading Centre Public D’Aide Sociale De Courcelles v Lebon: ECJ 18 Jun 1987

State of The Netherlands v Reed: ECJ 17 Apr 1986

1. Article 10(1) of regulation no 1612/68 cannot be interpreted as meaning that the companion, in a stable relationship, of a worker who is a national of a member state and is employed in the territory of another member state must in certain circumstances be treated as his ‘spouse’ for the purposes of that provision. … Continue reading State of The Netherlands v Reed: ECJ 17 Apr 1986

DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.The provisions of community law relating to freedom of movement for workers also cover a national of a member state who pursues, … Continue reading DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

ECJ The protection of designs comes under the protection of industrial and commercial property within the meaning of article 36 inasmuch as its aim to define exclusive rights which are characteristic of that property. In the absence of community standardization or a harmonization of laws the determination of the conditions and procedures under which protection … Continue reading Keurkoop Bv v Nancy Kean Gifts Bv: ECJ 14 Sep 1982

International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

ECJ 1 The applications in cases 60/81R and 190/81R have the same subject-matter; it is therefore appropriate to join them and to give the decision regarding them in a single order.2 according to article 185 of the treaty, actions brought before the court of justice do not have suspensory effect. The court may, however, if … Continue reading International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

Caisse De Compensation Des Allocations Familiales Des Regions De Charleroi Et De Namur v Cosimo Laterza: ECJ 12 Jun 1980

ECJ 1. The regulations on social security for migrant workers did not set up a common scheme of social security, but allowed different schemes to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by community … Continue reading Caisse De Compensation Des Allocations Familiales Des Regions De Charleroi Et De Namur v Cosimo Laterza: ECJ 12 Jun 1980

Hoffmann La Roche Ag v Centrafarm Vertriebsgesellschaft Pharmazeutischer Erzeugnisse Mbh: ECJ 24 May 1977

The court considered the application of the doctrine of exhaustion of rights in the context of trade marks. The exercise of trade mark rights had to take account of and might be restricted by the prohibitions contained in the Treaty of Rome intended to promote the free movement of goods. The court dealt specifically with … Continue reading Hoffmann La Roche Ag v Centrafarm Vertriebsgesellschaft Pharmazeutischer Erzeugnisse Mbh: ECJ 24 May 1977

Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974

Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973

ECJ 1. The authority for regulation no 803/68/EEC of the council of 27 june 1968, on the value of goods for customs purposes is to be found in article 235 of the treaty and reveals no factor calculated to affect its validity. 2. Article 11(2)(b) (second branch of the alternative) of regulation no 803/68 of … Continue reading Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973

Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

ECJ Agreements Prior And Subsequent To Regulation No 17 – 1. When an agreement prior to the implementation of article 85 by regulation no 17 has been notified in accordance with the provisions of that regulation, the general principle of contractual certainty requires that a court can only declare the agreement to be void after … Continue reading Sa Brasserie De Haecht v Wilkin-Janssen: ECJ 6 Feb 1973

B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in the sphere of economic activities which have the character of gainful employment or remunerated service covers all work … Continue reading B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo: ECJ 12 Dec 1974

Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: ChD 5 Jul 2002

Paragraph 57(2) of Schedule 8 to the Finance Act 1995, which provides that section 442A of the Taxes Act 1998 ‘does not apply in relation to the reinsurance of a policy or contract where the policy or contract was made, and the reinsurance arrangement effected, before 29 November 1994’, provided an indication that the opening … Continue reading Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: ChD 5 Jul 2002

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Mouflin: ECJ 13 Dec 2001

Reference for a preliminary ruling – Social policy – Equal treatment for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC – French civil and military retirement pension scheme – Entitlement … Continue reading Mouflin: ECJ 13 Dec 2001

Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013

Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

ECJ Judgment – Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of … Continue reading The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

Bown v Secretary of State for Transport: CA 31 Jul 2003

The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for planning purposes whether or not actually designated. There was … Continue reading Bown v Secretary of State for Transport: CA 31 Jul 2003

Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003

An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses. Held: The court did not hold that since the fundamental right of assembly was in issue it followed … Continue reading Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003

Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service … Continue reading Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

Commission v Italy C-388/01: ECJ 16 Jan 2003

Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralized State authorities.Complaint was made that the Italian Republic discriminated against nationals of other … Continue reading Commission v Italy C-388/01: ECJ 16 Jan 2003

Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

H and R Ecroyd v Commission: ECFI 20 May 1999

ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999

Monsanto v Commission: ECFI 22 Apr 1999

ECFI 1 Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision rejecting a subsidiary’s application for inclusion of a pharmacologically active substance in the list of substances not subject to maximum residue limits – Action brought by the parent company – Whether admissible (EC … Continue reading Monsanto v Commission: ECFI 22 Apr 1999

Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

ECFI Nuclear tests conducted by a Member State – Application for interim relief -Article 34 of the EAEC Treaty – Application for suspension of the operation of a Commission decision regarding nuclear tests. In principle, the issue of the admissibility of the main action should not be examined in proceedings relating to an application for … Continue reading Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

ECJ Competition – Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty – Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment – Article 176 of the Treaty – Request for … Continue reading AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

SNCF and British Railways v Commission: ECFI 12 May 1995

ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain and speculative risk – Exclusion – Balance of convenience – (EC Treaty, Art. 185; Rules of Procedure of the Court of First … Continue reading SNCF and British Railways v Commission: ECFI 12 May 1995

Efisol v Commission: ECFI 16 Oct 1996

ECJ 1 Non-contractual liability – Conditions – Illegality – Damage – Causal link (EC Treaty, Art. 215, second para.) 2 Community law – Principles – Protection of legitimate expectations – Conditions 3 Acts of the institutions – Adoption foreseeable by a prudent and discriminating trader – Principle of the protection of legitimate expectations – Not … Continue reading Efisol v Commission: ECFI 16 Oct 1996

Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997

ECJ 1 Common commercial policy – Protection against dumping – Anti-dumping procedure – Right to a fair hearing of the undertaking alleged to have engaged in dumping – Institutions’ duty to provide information – Scope(Council Regulation No 2423/88, Art. 7(4))2 Actions for annulment – Pleas in law – Actions against a Council regulation imposing definitive … Continue reading Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997

Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

ECJ 1. The Commission is under an obligation, by virtue of Article 34 of the ECSC Treaty, when a judgment is delivered annulling a decision whose effect was limited to a clearly defined period of time, first, to take the measures required to comply with that judgment, not only as regards the annulled measure but … Continue reading Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

Commission v Italy C-145/99: ECJ 7 Mar 2002

Failure by a Member State to fulfil its obligations – Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Directive 89/48/EEC – Access to and practice of the profession of lawyer Citations: [2002] EUECJ C-145/99 Links: Bailii Jurisdiction: European Legal Professions Updated: 05 June 2022; Ref: … Continue reading Commission v Italy C-145/99: ECJ 7 Mar 2002

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Citations: C-298/99, [2002] EUECJ C-298/99 Links: Bailii Statutes: Directive 85/384/EEC Jurisdiction: England and Wales … Continue reading Commission v Italy – C-298/99: ECJ 21 Mar 2002

Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

Commission v Belgium C-203/98: ECJ 8 Jul 1999

(Judgment) Failure by a Member State to fulfil its obligations – Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) – Air traffic – Registration of aircraft Citations: C-203/98, [1999] EUECJ C-203/98 Links: Bailii Statutes: EC Treaty 6 52 European Updated: 04 June 2022; Ref: scu.162406

Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.‘Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning … Continue reading Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Cabour and Nord Distribution Automobile v Arnor ‘SOCO’: ECJ 30 Apr 1998

ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905

United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

United Kingdom v Commission (Judgment): ECJ 12 May 1998

It follows from Articles 205 and 209 of the Treaty and the second subparagraph of Article 22(1) of the Financial Regulation, read together with paragraph 3(c) of Section IV of the Joint Declaration of 30 June 1982 by the European Parliament, the Council and the Commission, that implementation of Community expenditure relating to any significant … Continue reading United Kingdom v Commission (Judgment): ECJ 12 May 1998