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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

Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State. However, … Continue reading Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Ecuador v Occidental Exploration and Production Co: ComC 2 Mar 2006

Judges: Aikens J Citations: [2006] EWHC 345 (Comm), [2006] 1 Lloyds Rep 773, [2006] 2 CLC 1, [2006] ArbLR 21, 8 ITL Rep 948 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005 The parties had arbitrated their dispute in London under a bilateral … Continue reading Ecuador v Occidental Exploration and Production Co: ComC 2 Mar 2006

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

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

Azam and Livesey (Patent): IPO 22 Dec 2010

IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

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

Machado v Secretary of State for the Home Deptment: CA 19 May 2005

At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005

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

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

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-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

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

Jeffery and others v Secretary of State for Education and Another: EAT 17 Mar 2006

EAT Equal Pay Act Appellants to have membership of the employer’s pension scheme backdated to include earlier periods of part-time employment. Chairman held that the applications were out of time. Was this an error of law? Observations on what constitutes a stable employment relationship. Judges: Elias J P Citations: [2006] UKEAT 0677 – 05 – … Continue reading Jeffery and others v Secretary of State for Education and Another: EAT 17 Mar 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

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

BT3G Limited and Others v The Secretary of State for Trade and Industry: CA 17 Oct 2001

Several companies put in bids for communications licences. The auction terms required some companies to disassociate themselves from each other. The successful companies who met this requirement were required to begin payments immediately, but others were allowed to commence payments on compliance with the preconditions. The claimant sought judicial review of the decisions, as providing … Continue reading BT3G Limited and Others v The Secretary of State for Trade and Industry: CA 17 Oct 2001

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

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

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

Just I/S v Danish Ministry For Fiscal Affairs: ECJ 27 Feb 1980

ECJ Whilst the treaty does not exclude, in principle, a difference in the taxation of various alcoholic products, such a distinction may not be used for the purposes of tax discrimination or in such a manner as to afford protection, even indirect, to domestic production. A system which consists in conferring a tax advantage on … Continue reading Just I/S v Danish Ministry For Fiscal Affairs: ECJ 27 Feb 1980

Gefluegelschlachterei Freystadt Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas: ECJ 27 Sep 1979

ECJ 1. Paragraph I of the protocol on German internal trade and connected problems, annexed to the EEC Treaty, is intended to relieve the federal republic of Germany of the obligation to apply the rules of community law to german internal trade. It accords a special status to the german democratic republic as territory which … Continue reading Gefluegelschlachterei Freystadt Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas: ECJ 27 Sep 1979

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

EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

ECJ 1. Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right … Continue reading EMI Records Limited v CBS Schallplatten Gmbh: ECJ 15 Jun 1976

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

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

M Charmasson v Minister for Economic Affairs and Finance: ECJ 10 Dec 1974

Europa Derogations which a national organization may effect from the general rules of the treaty are only permissible provisionally until the end of the transitional period to the extent necessary to ensure its functioning, without however impeding the adaptations which are involved in the establishment of the common agricultural policy. they cease at the expiry … Continue reading M Charmasson v Minister for Economic Affairs and Finance: ECJ 10 Dec 1974

Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971

ECJ Under article 177 of the court, when giving a preliminary ruling, is entitled only to pronounce on the interpretation of the treaty and of acts of the institutions of the community or on their validity but may not, on the basis of that article, give judgment on the interpretation of a provision of national … Continue reading Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg: ECJ 8 Jun 1971

Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

ECJ 1. The court has jurisdiction over the legality of decisions taken by the high authority, but it is not the function of the court to ensure respect for national law in force in a member state, and this is true even of constitutional laws. Therefore the court may neither interpret nor apply national law. … Continue reading Prasident Ruhrkolec-Verkaufsgesellschaft Mbh, Geitling Ruhrkohlen-Verkaufsgesellschaft Mbh, Mausegatt Ruhrkohlen-Verkaufsgesellschaft Mbh And I. Nold Kg v High Authority Of The European Coal And Steel Community: ECJ 15 Jul 1960

Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith: ECJ 28 Mar 1995

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

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

Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

Regina (Saad and Others) v Secretary of State for the Home Department: CA 19 Dec 2001

The grant by the Secretary of State of exceptional leave to remain in the UK, did not remove the right of an asylum seeker to appeal a rejection of his claim for asylum. The applicant had the right to have his status, and the UK’s compliance with international obligation determined. Held: The granting of special … Continue reading Regina (Saad and Others) v Secretary of State for the Home Department: CA 19 Dec 2001

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

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

Commission v Netherlands: ECJ 10 Jul 2003

ECJ Failure of a Member State to fulfil its obligations – Directive 91/439/CEE. The directive required member states to introduce a system to recognise community driving licences. The Netherlands had instituted a system which made difficult the continued use of a community licence. Held: The system set down in Netherlands conflicted with the directive in … Continue reading Commission v Netherlands: ECJ 10 Jul 2003

Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Europa Failure by a Member State to fulfil its obligations – Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) – Rights attaching to the ‘golden share held by the French Republic in Societe Nationale Elf-Aquitaine. Citations: [2002] EUECJ C-483/99 Links: Bailii … Continue reading Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002

Ca’Pasta v Commission: ECFI 16 Jul 1998

ECJ Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter from the Commission informing the applicant of the continuation of a procedure for cancelling a contribution and recovering the amount already paid (EC Treaty, Art. 173; Council Regulation No 4028/86) Any measure which produces binding legal effects such … Continue reading Ca’Pasta v Commission: ECFI 16 Jul 1998

Keeling v Office de l’harmonisation dans le marche interieur: ECFI 8 Jun 1998

ECFI An action brought directly against a decision of the President of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) by a member of a Board of Appeal of the Office on the basis of Article 173 of the Treaty must be dismissed as manifestly inadmissible.According to the first paragraph of … Continue reading Keeling v Office de l’harmonisation dans le marche interieur: ECFI 8 Jun 1998

Weyl Beef Products and others v Commission: ECFI 31 Jan 2001

ECJ 1. Since aid concerns an indeterminate group of persons, the sole purpose of the requirement that aid authorisation under Article 93(3)of the Treaty (now Article 88(3)EC)be notified is to oblige the Commission to ensure that all persons who may be concerned are alerted. Publication of an authorisation notice in the Official Journal is an … Continue reading Weyl Beef Products and others v Commission: ECFI 31 Jan 2001

PTT Nederland and others v Commission: ECFI 21 Jun 1991

ECFI Procedure – Allocation of jurisdiction between the Court of Justice and the Court of First Instance – Proceedings instituted by a natural or legal person on the basis of the second paragraph of Article 173 of the Treaty concerning the implementation of the competition rules applicable to undertakings and pending before the Court of … Continue reading PTT Nederland and others v Commission: ECFI 21 Jun 1991

Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002

Europa Social security for migrant workers – Article 48 and Article 51 of the EC Treaty (now, after amendment, Article 39 and Article 42 EC) – Article 9a and 94 of Regulation (EEC) No 1408/71 – Accident at work occurring in another Member State before the entry into force of the regulation in the worker’s … Continue reading Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002

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

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

Nijhuis v Bestuur van het Landelijk Instituut Sociale Verzekeringen: ECJ 20 Apr 1999

(Judgment) (Rec 1999,p I-1919) Social security – Incapacity for work – Special scheme for civil servants – Point 4(a) of Section J of Annex VI to Regulation (EEC) No 1408/71 – Articles 48 and 51 of the EC Treaty Citations: C-360/97, [1999] EUECJ C-360/97 Links: Bailii Jurisdiction: European Benefits Updated: 04 June 2022; Ref: scu.162252

Commission v France: ECJ 13 Mar 1997

ECJ (Judgment) 1 Member States – Obligations – Failure to fulfil obligations – Retention of a national provision incompatible with Community law – Justification on the basis of administrative practices ensuring that the Treaty is applied – Not permissible 2 Acts of the institutions – Directives – Implementation by the Member States – Directive intended … Continue reading Commission v France: ECJ 13 Mar 1997

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

Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

ECJ Freedom of movement for persons – Workers – Equal treatment – Promotion on grounds of seniority – Collective agreement applicable to public sector employees taking into account only periods of employment completed in the national public service but not periods of comparable employment completed in the public service of another Member State – Discrimination … Continue reading Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

Tetra Pak v Commission: ECJ 14 Nov 1996

When defining the relevant market for the purpose of applying Article 86 of the Treaty, the competitive conditions and the structure of supply and demand on the market are relevant criteria for determining whether certain products are interchangeable with others. Application of Article 86 presupposes a link between the dominant position and the alleged abusive … Continue reading Tetra Pak v Commission: ECJ 14 Nov 1996

Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996

ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another … Continue reading Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996

Criminal proceedings against Aubertin and others: ECJ 16 Feb 1995

ECJ Since the Treaty provisions on the freedom of movement for persons cannot be applied to activities which are confined in all respects within a single Member State, and Directive 82/489 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing does not aim to … Continue reading Criminal proceedings against Aubertin and others: ECJ 16 Feb 1995

William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment): ECJ 19 May 1993

Europa 1. The Court has consistently held that persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in … Continue reading William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment): ECJ 19 May 1993

Koua Poirrez v Caisse d’allocations familiales de la Seine-Saint-Denis: ECJ 16 Dec 1992

ECJ (Judgment) Articles 7 and 48(2) of the Treaty and the regulations adopted to implement those provisions are applicable only in situations which come within a field to which Community law applies, in this case that of freedom of movement for workers, and therefore cannot be applied to situations all the elements of which are … Continue reading Koua Poirrez v Caisse d’allocations familiales de la Seine-Saint-Denis: ECJ 16 Dec 1992

Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992

ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another … Continue reading Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992

Bachmann v Belgian State: ECJ 28 Jan 1992

Europa Legislation of a Member State which makes the deductibility of sickness and invalidity insurance contributions or pension and life assurance contributions conditional on those contributions being paid in that State is contrary to Articles 48 and 59 of the Treaty. However, that condition may be justified by the need to safeguard the cohesion of … Continue reading Bachmann v Belgian State: ECJ 28 Jan 1992

Merci Convenzionali Porto di Genova v Siderurgica Gabrielli (Judgment): ECJ 10 Dec 1991

ECJ 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. That description is not affected by the fact that the worker, whilst being … Continue reading Merci Convenzionali Porto di Genova v Siderurgica Gabrielli (Judgment): ECJ 10 Dec 1991

Masgio v Bundesknappschaft: ECJ 7 Mar 1991

ECJ Articles 48 to 51 of the Treaty and the legislation adopted in implementation thereof, which includes Article 3 of Regulation No 1408/71, prevent a worker from losing, as a consequence of the exercise of his right to freedom of movement, the advantages in the field of social security guaranteed to him by the laws … Continue reading Masgio v Bundesknappschaft: ECJ 7 Mar 1991

Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991

ECJ 1. The first subparagraph of Article 5(2) of Council Regulation No 1697/79 provides that the competent authorities may refrain from taking action for the post-clearance recovery of import or export duties which have not been collected as a result of an error made by the competent authorities themselves which could not reasonably have been … Continue reading Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991

Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990

Europa Member States – Obligations – Implementation of directives – Failure – Justification – Not acceptable (EEC Treaty, Art. 169) A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives. Citations: … Continue reading Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990

Commission v Greece: ECJ 21 Sep 1989

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

Cockerill Sambre v Commission: ECJ 10 Aug 1987

ECJ 1. Application for interim measures – conditions of admissibility – admissibility of main application – not relevant – limits(ECSC Treaty, art. 39; rules of procedure, art. 83*(1)*)2. Application for interim measures – suspension of operation – conditions for granting – prima facie case – serious and irreparable damage(ECSC treaty, art. 39; rules of procedure, … Continue reading Cockerill Sambre v Commission: ECJ 10 Aug 1987

Timex v Council and Commission: ECJ 20 Mar 1985

Europa A regulation introducing an anti-dumping duty constitutes a decision of direct and individual concern, within the meaning of the second paragraph of article 173 of the EEC Treaty, to an undertaking if it is established that the objections of that undertaking, being the only manufacturer of the product in question in one member state … Continue reading Timex v Council and Commission: ECJ 20 Mar 1985

Apple and Pear Development Council v K J Lewis Ltd and others: ECJ 13 Dec 1983

The provisions of the Treaty relating to the free movement of goods and to agriculture and the rules on the common organization of the market in fruit and vegetables do not prevent a member state from adopting or maintaining measures (i) establishing a development council for fruit production, composed of members appointed by the minister … Continue reading Apple and Pear Development Council v K J Lewis Ltd and others: ECJ 13 Dec 1983

Hoffmann-La Roche v Commission: ECJ 13 Feb 1979

ECJ Observance of the right to be heard is required in all proceedings in which sanctions, in particular fines or penalty payments, may be imposed as a fundamental principle of community law. It must be respected even if the proceedings in question are administrative proceedings. In the matter of competition and in the context of … Continue reading Hoffmann-La Roche v Commission: ECJ 13 Feb 1979

Rutili v Ministre De L’Interieur: ECJ 28 Oct 1975

Europa 1. The expression ‘subject to limitations justified on grounds of public policy’ in article 48 concerns not only the legislative provisions adopted by each member state to limit within its territory freedom of movement and residence for nationals of other member states but concerns also individual decisions taken in application of such legislative provisions. … Continue reading Rutili v Ministre De L’Interieur: ECJ 28 Oct 1975

Caisse d’assurance vieillesse des travailleurs salaries de Paris v Duffy: ECJ 10 Dec 1969

ECJ (Judgment) Social security for migrant workers – rules of community law – limitation of benefits arising from the application of community regulations – maintenance of advantages obtained outside community regulations. (EEC treaty, articles 48 to 51) It is incompatible with the objectives of articles 48 to 51 of the EEC treaty which constitute the … Continue reading Caisse d’assurance vieillesse des travailleurs salaries de Paris v Duffy: ECJ 10 Dec 1969

Wurttembergische Milchverwertung-Sudmilch AG v Salvatore Ugliola: ECJ 15 Oct 1969

ECJ Free movement of persons – workers – equality of treatment – national law affording protection against disadvantages resulting from fulfilment of obligations for military service – application to the nationals of other member states. (EEC treaty, article 48; regulation no 38/64/EEC of the council, article (9)1; regulation (EEC) no 1612/68 of the council, article … Continue reading Wurttembergische Milchverwertung-Sudmilch AG v Salvatore Ugliola: ECJ 15 Oct 1969

Netherlands v Commission C-59/70: ECJ 6 Jul 1971

ECJ 1. It follows from the common purpose of articles 33 and 35 that the requirements of legal certainty and of the continuity of community action underlying the time-limits for bringing proceedings laid down in article 33 must also be taken into account – having regard to the special difficulties which the silence of the … Continue reading Netherlands v Commission C-59/70: ECJ 6 Jul 1971

Landesversicherungsanstalt Rheinland-Pfalz v Joseph Welchner: ECJ 5 Dec 1967

ECJ 1. Free movement of persons – workers – social security – periods assimilated to insurance periods – reference to national law (regulation no 3, article 1(r)) 2. Free movement of persons – workers – old-age and death (pensions) insurance – application of German legislation – taking into account of ‘ substitute periods ‘ within … Continue reading Landesversicherungsanstalt Rheinland-Pfalz v Joseph Welchner: ECJ 5 Dec 1967

Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966

Europa Member states of the EEC – failure to fulfil an obligation arising under the treaty – application to the commission to initiate the procedure provided for in article 169 of the EEC treaty – refusal of the commission – application for annulment – inadmissibility. An application for the annulment of a measure by which … Continue reading Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966

Syndicat De La Siderurgie Du Centre-Midi v ECSC High Authority (Judgment): ECJ 26 Jun 1958

An association of undertakings has capacity to institute proceedings before the court of justice against a general decision if that decision is capable of affecting certain interests, even though perhaps divergent, which have been entrusted to it (treaty, second paragraph of article 33, articles 48 and 80). Proceedings instituted by an association of undertakings are … Continue reading Syndicat De La Siderurgie Du Centre-Midi v ECSC High Authority (Judgment): ECJ 26 Jun 1958

Ed Sri v Italo Fenocchio Case C-412-97 Ecj/Cfi Bulletin 18/99, 3: ECJ 6 Oct 1999

Where a seller of goods wished to pursue a debtor in another member state who defaulted, it was not in improper interference with the free movement of goods to make unavailable in a summary form an action which would require service of proceedings abroad. Citations: Gazette 06-Oct-1999 Statutes: ECTreaty Art 29 Commercial, European Updated: 19 … Continue reading Ed Sri v Italo Fenocchio Case C-412-97 Ecj/Cfi Bulletin 18/99, 3: ECJ 6 Oct 1999

Criminal Proceedings Against Calfa: ECJ 21 Jan 1999

A provision by a member state that a national from another member state could be expelled for life on conviction for certain drug offences and without consideration of his personal circumstances or the threat posed was contrary to Community law. Citations: Times 21-Jan-1999, C-348/96, [1999] EUECJ C-348/96 Links: Bailii Statutes: ECTreaty 177 Jurisdiction: England and … Continue reading Criminal Proceedings Against Calfa: ECJ 21 Jan 1999

Clean Car Autoservice Gesmbh v Landeshauptmann Von Wien: ECJ 13 May 1998

An employer can make use of EU legislation allowing free movement of workers as much as can individual employees. Member state requiring an own national head of company was invalid. Citations: Times 13-May-1998, C-350/96, [1998] EUECJ C-350/96 Links: Bailii Statutes: ECTreaty Art 48 Employment, European Updated: 19 May 2022; Ref: scu.79211

Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK. Held: The letter asking a claimant to … Continue reading Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997

Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011

Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve: ECJ 20 Sep 2001

ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – Right of residence for students – National legislation which guarantees a minimum subsistence allowance only for nationals, … Continue reading Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve: ECJ 20 Sep 2001

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Brown v Secretary Of State For Scotland (Rec 1988,P 3205) (Sv88-489 Fi88-489) (Judgment): ECJ 21 Jun 1988

Citations: (1988) ECR 3205, C-197/86 Cited by: Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001 ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC … Continue reading Brown v Secretary Of State For Scotland (Rec 1988,P 3205) (Sv88-489 Fi88-489) (Judgment): ECJ 21 Jun 1988