Search Results for: EC Treaty 18

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Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006

Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003

The question arising was whether paragraph 55(2) of Schedule 8 to the Finance Act 1995, a reinsurance treaty entered into on 25 November 1994 by the taxpayer reinsurer with a non-resident cedant is, by virtue of the fact that policies of life assurance ceded by that treaty were issued before 1 November 1994, within the … Continue reading Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003

SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

Van den Bergh Foods v Commission (Judgment): ECFI 23 Oct 2003

The applicant sold ice cream. Retailers were supplied with freezer cabinets at low or nil cost, but the cabinets were only to include the claimant’s goods. In practice this excluded other manufacturer’s products from shops. The commission found that this restrictive effect resulted from the limitations on space in shops, and affected some 83% of … Continue reading Van den Bergh Foods v Commission (Judgment): ECFI 23 Oct 2003

SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012

SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011

Eliades, Panix Promotions Ltd, Panix of the US Inc v Lewis: CA 8 Dec 2003

The claimant had obtained an award of damges in the US, and had had orders made for its enforcement here. The appellants contended that the award, containing an element of ‘multiplied damages’ offended the rules which would allow its enforcement here. Held: Since the original judgment the US court had restated its decision and clarified … Continue reading Eliades, Panix Promotions Ltd, Panix of the US Inc v Lewis: CA 8 Dec 2003

Regina v Secretary of State for Home Department ex parte Behluli: CA 7 May 1998

The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty. Held: The appeal was dismissed: ‘The extent to which statements could found a legitimate expectation depended upon the … Continue reading Regina v Secretary of State for Home Department ex parte Behluli: CA 7 May 1998

Alfa Acciai v Commission (Judgment): ECFI 9 Nov 2022

Competition – Agreements, decisions and concerted practices – Market in reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limitation and control of production and sales – Decision taken following the annulment of previous … Continue reading Alfa Acciai v Commission (Judgment): ECFI 9 Nov 2022

Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Association Kokopelli v Graines Baumaux SAS: ECJ 19 Jan 2012

ECJ (Opinion) Agriculture – Validity – Directive 2002/55/EC – Vegetables – Seed trade – Prohibition against marketing seed of varieties that are not officially accepted and registered in a catalogue of varieties – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Movement … Continue reading Association Kokopelli v Graines Baumaux SAS: ECJ 19 Jan 2012

The Rev John Daniel v The Award of The Commissioners for Liquidating British Claims On France: PC 25 Nov 1825

(United Kingdom) A corporation of British subjects in a foreign country, existing for objects in opposition to British law, and under the control of a foreign government, is not erititled to claim any compensation from the government of the country in which they existed, for the confiscation of their property under a treaty giving that … Continue reading The Rev John Daniel v The Award of The Commissioners for Liquidating British Claims On France: PC 25 Nov 1825

Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom. Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken to have replaced Directives 90/364, 90/365 and 90/366: ‘Each of these directives was a … Continue reading Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

Commission v France: ECJ 21 Jun 2001

Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001

Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

ECJ 1. Competition – agreements, decisions and concerted practices -agreements between undertakings – automatic nullity – effects on those parts of the agreement which are not incompatible with article 85 (1) – matter for the national court to decide – application of national law (EEC treaty, art. 85 (1) and (2)) 2. Competition – agreements, … Continue reading Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law … Continue reading Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986

Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Mr Green was a bus driver who slipped on the step of his bus. Passengers had dripped rainwater on the step. Counsel for Mr Green referred to article 5(1) of the Framework Directive which states: ‘The employer shall have a duty to ensure the safety and health of workers in every aspect related to work.’ … Continue reading Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark. Held: The word ‘Mail’ has not acquired a descriptive meaning, and nor is there any requirement in the law … Continue reading Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief. Held: The scheme failed. The restriction imposed did not infringe the right of establishment under European law since the company was not restricted from setting up business. It … Continue reading Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005

The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use. Held: BHB controlled the market, and by threatening to terminate the licence of the claimant had abused that … Continue reading Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts Regulations 2006. Held: Arden LJ dismissed that ground substantively. She went on, however, to consider … Continue reading Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Test Claimants In The Thin Cap Group Litigation v HM Revenue and Customs: CA 18 Feb 2011

The Claimants argued that provisions of UK corporate tax legislation were incompatible with a fundamental freedom conferred by the EC Treaty. Judges: Arden, Rimer, Stanley Burnton LLJ Citations: [2011] EWCA Civ 127 Links: Bailii Jurisdiction: England and Wales Corporation Tax, European Updated: 02 September 2022; Ref: scu.429649

Walker v Baird and Another: PC 4 Aug 1892

(Newfoundland) A treaty, which does not terminate a state of war, has no legal effect upon the rights and duties of the subjects of the Crown and speaking generally no power resides in the Crown to compel them to obey the provisions of a treaty, or to expel them without supporting legislative authority. Judges: Watson, … Continue reading Walker v Baird and Another: PC 4 Aug 1892

Parfums Christian Dior v Tuk Consultancy BV: ECJ 14 Dec 2000

ECJ (External Relations) Agreement establishing the World Trade Organisation – TRIPs Agreement – Article 177 of the EC Treaty (now Article 234 EC) – Jurisdiction of the Court of Justice – Article 50 of the TRIPs Agreement – Provisional measures – Interpretation – Direct effect. Citations: C-392/98, [2000] EUECJ C-392/98 Links: Bailii Jurisdiction: European Cited … Continue reading Parfums Christian Dior v Tuk Consultancy BV: ECJ 14 Dec 2000

Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-607/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-606/97: ECFI 15 Jun 2000

Alzetta and Others v Commission (State Aid) T-6/98: ECFI 15 Jun 2000

Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid) T-6/98: ECFI 15 Jun 2000

Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria. Citations: C-199/07, [2009] EUECJ C-199/07 Links: Bailii Jurisdiction: European Citing: See Also – Commission v Greece (Law Relating To Undertakings) ECJ 9-Jul-2009 Europa Treaty infringement … Continue reading Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

ECFI Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of … Continue reading Alzetta and Others v Commission (State Aid): ECFI 15 Jun 2000

Blue Circle Industries v Commission: ECFI 15 Mar 2000

ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation … Continue reading Blue Circle Industries v Commission: ECFI 15 Mar 2000

Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990

Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the employment relationship, which facilitates his adjustment to the new circumstances resulting from the loss of his … Continue reading Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

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

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

Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982

ECJ It would be incompatible with the binding effect which article 189 of the EEC treaty ascribes to directives to exclude in principle the possibility of the obligation imposed by it being relied upon by persons concerned. Particularly in cases in which the community authorities have, by means of a directive, placed member states under … Continue reading Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982

Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined … Continue reading Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

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

Giovanni De Cicco v Landesversicherungsanstalt Schwaben: ECJ 19 Dec 1968

ECJ 1. Procedure – references for preliminary ruling – jurisdiction of the court – limits – task of national courts or tribunals (EEC treaty, article 177) 2. Procedure – references for preliminary ruling – reference to the court by a national court or tribunal – conditions (EEC treaty, article 177) 3. Procedure – references for … Continue reading Giovanni De Cicco v Landesversicherungsanstalt Schwaben: ECJ 19 Dec 1968

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

McWhirter and Gouriet, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 5 Mar 2003

Application for leave to appeal against refusal of judicial review of decision to allow ratification of the Treaty of Nice. Held: Refused. The application concerned matters which were not justiciable. Laws LJ accepted the submission of the Secretary of State that ‘ratification is a step taken on the international plane, and is not governed by … Continue reading McWhirter and Gouriet, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 5 Mar 2003

Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another: Admn 18 Jun 2008

The claimants said that the the laws restricting residence and voting rights and oher constitutional arrangements on the Isle of Sark were in breach of European law, and human rights law. Held: The claims failed. The composition of Chief Pleas under the Reform Law are not inconsistent with the rights conferred by Article 3, nor … Continue reading Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another: Admn 18 Jun 2008

Wightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union: SCS 8 Jun 2018

The Petitioners sought a declaration that the Article 50 notice given by the UK government could be withdrawn by the UK without the consent of the EU. Held: The matter was referred to the CJEU for a preliminary answer to the question: ‘Where, in accordance with Article 50 [TEU], a Member State has notified the … Continue reading Wightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union: SCS 8 Jun 2018

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

Grifoni v EAEC (Rec 1994,P I-341) (Judgment): ECJ 3 Feb 1994

Europa 1. Financial and non-financial loss suffered by a natural person following an accident involving that person in the course of works carried out for the account of the European Atomic Energy Community on a building situated in a Member State must, under the second paragraph of Article 188 of the EAEC Treaty, be assessed … Continue reading Grifoni v EAEC (Rec 1994,P I-341) (Judgment): ECJ 3 Feb 1994

Commission v Belgium C-522/04: ECJ 5 Jul 2007

ECJ (Freedom Of Establishment) Failure of a Member State to fulfil obligations Freedom of movement for persons Freedom of movement for workers Freedom to provide services Freedom of establishment Free movement of capital Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area Directive 2002/83/EC Tax legislation providing for less favourable … Continue reading Commission v Belgium C-522/04: ECJ 5 Jul 2007

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

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

Hodge v The Queen: PC 1883

Judges: Lord FitzGerald, Sir Barnes Peacock Citations: (1883) 9 App Cas 117 Jurisdiction: Commonwealth Cited by: Cited – Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta CA 1982 The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered … Continue reading Hodge v The Queen: PC 1883

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

Regina v Secretary of State for Transport ex parte Factortame Ltd: HL 26 Jul 1990

(Interim Relief Order) Citations: [1990] UKHL 7, [1990] 2 LLR 365, [1990] 2 Lloyd’s Rep 365 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989 The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The … Continue reading Regina v Secretary of State for Transport ex parte Factortame Ltd: HL 26 Jul 1990

Kernkraftwerke Lippe-Ems v Commission: ECFI 25 Feb 1997

Euratom Treaty – Action for annulment and action for damages – Conclusion of a contract for the supply of uranium – Simplified procedure – Powers of the Agency – Tine-limit for conclusion of the contract – Legal obstacle to conclusion – Diversification policy – Origin of the uranium – Market-related prices. Joined cases T-149/94 and … Continue reading Kernkraftwerke Lippe-Ems v Commission: ECFI 25 Feb 1997

Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006

The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land. Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that … Continue reading Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006

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

Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989

The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close … Continue reading Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989

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

Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year. Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took … Continue reading Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

A domiciled Scotsman died leaving a trust-disposition and settlement executed in Scottish form disposing of his personal property, which was of great amount, and was situated in Scotland, except about one-sixteenth which was in England. He appointed six trustees and executors, all Scotsmen, and four of whom were domiciled in Scotland and two in England. … Continue reading Orr Ewing and Others v Orr Ewing’s Trustees: HL 24 Jul 1885

Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may make.’Lord Kingsdown said: ‘The transactions of independent states between each other are governed by other … Continue reading Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859

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

The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989

ECJ (Free Movement Of Goods) 1. Measures adopted by a professional body for pharmacy, in whose register all pharmacists must be enrolled in order to carry on their business, which lays down rules of ethics applicable to the members of the profession and which has a committee upon which national legislation has conferred disciplinary powers … Continue reading The Queen v Royal Pharmaceutical Society Of Great Britain, Ex Parte Association Of Pharmaceutical Importers And Others: ECJ 18 May 1989

Radio Telefis Eireann And Others v Commission Of The European Communities. (Application For Interim Measures): ECJ 11 May 1989

ECJ Competition – Abuse of a dominant position – Practices preventing the publishing and sale of comprehensive weekly television guides.Joined cases 76, 77 and 91/89 R.Application for interim measures – Suspension of operation – Conditions for grant – Serious and irreparable damage(EEC Treaty, Art. 185; Rules of Procedure, Art . 83(2)) Judges: T Koopmans, P … Continue reading Radio Telefis Eireann And Others v Commission Of The European Communities. (Application For Interim Measures): ECJ 11 May 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

Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984

ECJ Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984

Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984

ECJ 1. Although it is essential that national courts explain the reasons why they consider that a reply to their questions is necessary for their decision in the main proceedings, and define the legal context of the request for interpretation, where questions are couched in imprecise terms it is for the court to extract from … Continue reading Eberhard Haug-Adrion v Frankfurter Versicherungs-Ag.: ECJ 13 Dec 1984

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

Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978

ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the convention must be regarded as having their own independent meaning and as being thus common to all the contracting … Continue reading Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978

Riccardo Tasca: ECJ 26 Feb 1976

ECJ 1. Agriculture – common organization of the market – sugar – sale – maximum prices – unilateral fixing by a member state – prohibition (regulation no 1009/67 of the council) 2. Quantitative restrictions – measures having equivalent effect – concept (EEC treaty, article 30) 3. Agriculture – common organization of the market – sugar … Continue reading Riccardo Tasca: ECJ 26 Feb 1976

Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970

1. The validity of measures adopted by the institutions of the community can only be judged in the light of community law. The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as … Continue reading Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970

Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

It is possible that an agreement between undertakings, although it does not relate either to imports or to exports between member states within the meaning of article 4(2)(1) of regulation no 17, may affect trade between member states within the meaning of article 85(1) of the eec treaty. Exclusive supply agreements, the execution of which … Continue reading Brauerei A. Bilger Sohne Gmbh v Heinrich Jehle and Marta Jehle. (Policy of The EEC): ECJ 18 Mar 1970

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

Nv Internationale Crediet En Handelsvereniging ‘Rotterdam’ And De Cooperatieve Suikerfabriek En Raffinaderij GA ‘Puttershoek’ v Netherlands Minister Of Agriculture and Fisheries: ECJ 18 Feb 1964

1. Article 226 constitutes an exceptional provision only as regards the nature and the extent of derogation from the treaty and not as regards the detailed rules laid down by the commission in order to achieve the protection sought. In this respect, the commission, which is bound to give priority to such measures as will … Continue reading Nv Internationale Crediet En Handelsvereniging ‘Rotterdam’ And De Cooperatieve Suikerfabriek En Raffinaderij GA ‘Puttershoek’ v Netherlands Minister Of Agriculture and Fisheries: ECJ 18 Feb 1964

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

Ghoolam Moortoozah Khan Bahadoor v The Government, Representing The Estate Of The Late Nabob Of The Carnatic: 15 Jun 1863

Citations: [1863] EngR 706, (1863) 9 Moo Ind App 460, (1863) 19 ER 811 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 1789 . . See Also – Nabob of The Carnatic v The East India Company 2-Jan-1789 A political treaty, between sovereigns, or … Continue reading Ghoolam Moortoozah Khan Bahadoor v The Government, Representing The Estate Of The Late Nabob Of The Carnatic: 15 Jun 1863

Cudak v Lithuania: ECHR 23 Mar 2010

Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010

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

Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs: CA 29 Jul 2004

The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare. Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would leave breeder chickens facing chronic hunger. The obligation was to pursue policies which would promote animal … Continue reading Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs: CA 29 Jul 2004

Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK. Held: The claim failed. The Crown was not single and indivisible but separate … Continue reading Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta: CA 1982

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

Leali v Commission: ECFI 20 Oct 2003

Order – Application for interim measures – Competition. Citations: T-46/03, [2003] EUECJ T-46/03 Links: Bailii Jurisdiction: European Cited by: Order – Leali v Commission 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 … Continue reading Leali v Commission: ECFI 20 Oct 2003

Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive … Continue reading Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003