(Judgment) European Community jurisdiction on Gibraltar Airport dispute must await UK-Spain agreement. ECJ Article 2(2) of Directive 89/463 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, which suspends the application of that directive to Gibraltar airport until the cooperation arrangements for that airport agreed … Continue reading Gibraltar v Council: ECJ 29 Jun 1993
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
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
Europa The limit-date of 1 August for fixing the intervention price and derived intervention prices in Article 3(4) and (5) of Regulation No 1785/81 on the common organisation of the markets in the sugar sector is not strict. Therefore, failure to observe that date cannot have the effect of rendering invalid Regulations No 1580/96 and … Continue reading Italy v Council C-340/98: ECJ 14 Mar 2002
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention. In so far as they are goods taken across a frontier for the purposes of commercial transactions, such drugs are subject to Article 30, … Continue reading Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice cream contravened articles 81 and 82. On 28 May 1992 the High Court dismissed the … Continue reading Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000
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
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
ECJ Article 36 of the EC Treaty – Trade mark rights – Relabelling of whisky bottles. Judges: Rodriguez Iglesias, P Citations: C-349/95, [1997] EUECJ C-349/95, [1997] ECR I-6227 Links: Bailii Cited by: Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009 The court was asked as to whether the on-line … Continue reading Loendersloot v Ballantine and Son and others: ECJ 11 Nov 1997
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a comparison between the qualifications certified by his diplomas, certificates and other formal qualifications and the professional qualifications … Continue reading Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg: ECJ 7 May 1991
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
Europa 1. There is an inseparable link between the obligation to establish the Community’s own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest . The interest is payable regardless of the reason for the delay in making the entry in the Commission’ … Continue reading Commission v Greece: ECJ 21 Sep 1989
The court considered a reference to the European Court on assumed facts where the domestic court had not yet established those facts. Europa In the present state of Community law, characterized by the absence of harmonization of the patents legislation of the Member States, and in the absence of international conventions in force providing to … Continue reading Thetford Corporation And Others v Fiamma Spa And Others: ECJ 30 Jun 1988
ECJ Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even … Continue reading Basset v Sacem (Rec 1987,P 1747) (Judgment): ECJ 9 Apr 1987
ECJ 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to them is authentic. 2. During administrative proceedings before the commission concerning the application of article 85 of the eec treaty the parties concerned must be informed of the facts upon which the … Continue reading Grundig v Commission EEC: ECJ 16 Jun 1965
Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966
ECJ In the case of an action under the second paragraph of article 169 of the EEC Treaty, it is for the court to say whether the failure has occurred, without having to examine whether, subsequent to the bringing of the action, the state in question took the measures necessary to bring the infringement to … Continue reading Commission EEC v Italy: ECJ 19 Dec 1961
Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to … Continue reading Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96: ECJ 7 Dec 1999
‘According to settled case-law, for the purposes of applying Article [82] of the Treaty, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying … Continue reading Tierce Ladbroke SA v Commission: ECFI 1997
Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Measures adopted by a professional body for pharmacy (EEC Treaty, Art. 30) 2. Free movement of goods – Derogations – Protection of public health -Rules prohibiting pharmacists from substituting a therapeutically equivalent medicinal product for that prescribed by the … Continue reading Regina v Royal Pharmaceutical Society of Great Britain, Ex Parte Association of Pharmaceutical Importers: ECJ 18 May 1989
ECJ Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance … Continue reading Commission v Belgium C-522/04: ECJ 3 Oct 2006
The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their own pre-emptive campaign. They now admitted misuse of the confidential information acquired. Held: The claim succeeded … Continue reading Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010
ECJ The obligation to refer to the Court of Justice questions concerning the interpretation of the EEC Treaty and of measures adopted by the community institutions which the third paragraph of article 177 of the EEC Treaty imposes on national courts and tribunals against whose decisions there is no judicial remedy under national law is … Continue reading Srl CILFIT v Ministero Della Sanita: ECJ 6 Oct 1982
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient. ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC … Continue reading Regina v Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd: ECJ 19 Mar 1998
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the equivalent of the expression ‘ ‘ prohibitions or restrictions on imports ‘ ‘ occurring in article 36. Hence a … Continue reading Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
ECJ 1. Reliance by a trade mark owner on his rights as owner in order to prevent an importer from marketing a product which was put on the market in another Member State by the owner or with his consent where . .
The applicant was insured under the national health insurance scheme, but received treatment in another member state, he was entitled to be re-imbursed the higher cost even though it might be higher than the amount he would have been entitled to . .
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
Citations: [1789] EngR 1625, (1789-1817) 1 Ves Jun Supp 223, (1789) 34 ER 761 (B) Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 2-Jan-1789 A political treaty, between sovereigns, or parties exercising sovereign authority cannot be the subject of a municipal jurisdiction. . . … Continue reading Nabob of The Carnatic v The East India Company: 1789
A political treaty, between sovereigns, or parties exercising sovereign authority cannot be the subject of a municipal jurisdiction. Citations: [1789] EngR 1626, (1789-1817) 1 Ves Jun Supp 149, (1789) 34 ER 729 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 1789 . . Cited … Continue reading Nabob of The Carnatic v The East India Company: 2 Jan 1789
(United States Court of Appeals, 1st Circuit) Relatives of a deceased smoker brought a negligence and strict liability suit against a tobacco company, alleging that it was responsible for his death. The action was brought in the District Court for the District of Puerto Rico. There was evidence that ‘the average consumer in Puerto Rico … Continue reading Cruz-Vargas v R J Reynolds Tobacco Company: 2003
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008
The court considered the applicability of Article 81 in Chapter 1 of Part III of the EC Treaty to allegedly anti-competitive conduct in the market for the wholesale supply of airtime for mobile telephones. Unipart, an independent service provider (‘ISP’) purchased airtime from Cellnet, a mobile network operator under various agreements which provided that the … Continue reading Unipart Group Ltd v O2 (UK) Ltd and Another: CA 30 Jul 2004
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
Diplock LJ said: ‘The Convention is one of those public acts of state of Her Majesty’s Government of which Her Majesty’s judges must take judicial notice if it be relevant to the determination of a case before them, if necessary informing themselves of such acts by inquiry of the appropriate department of Her Majesty’s Government. … Continue reading Salomon v Customs and Excise Commissioners: CA 1966
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
References: [1864] EngR 595, (1864) 3 H & C 343, (1864) 159 ER 563 Links: Commonlii Coram: Williams J The plaintff contracted with the defendant for the transport of horses, understating their value. On their loss, the plaintiff sought their full value. The defendant had succeeded in limiting the award to the value stated. Held: … Continue reading M’Cance v The London And North Western Railway Company; 20 Jun 1864
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