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
After being deported twice from England, the applicant returned secretly, married a British citizen, and sought leave to remain. He was deported, but to Ireland where his new spouse was then established. He sought to rely upon the case of Surinder Singh to support his application for entry clearance and revocation of the deportation order. … Continue reading Secretry of State for the Home Department v Akrich: ECJ 23 Sep 2003
1 Any measure the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or a decision which may be the subject of an action under Article 173 of the Treaty for a declaration that it … Continue reading Regione Toscana v Commission: ECFI 16 Jul 1998
Where an undertaking hires out, for remuneration, staff who remain in the employ of that undertaking, no contract of employment being entered into with the user, its activities constitute an occupation which satisfies the conditions laid down in the first paragraph of article 60 of the eec treaty. Accordingly they must be considered a ‘ … Continue reading Webb (Judgment): ECJ 17 Dec 1981
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999
Citations:  ECComm 36 Links: Worldlii Statutes: EC Treaty 81 European, Commercial, Company Updated: 09 May 2022; Ref: scu.216271
ECJ Judgment – Reference for a preliminary ruling – State aid – Meaning – Article 87(1) EC – Privileges granted to a bank – Company exercising public service obligations – Existing aid and new aid – Article 88(3) EC – Powers of the national court Judges: K. Jurimae, P Citations: C-690/13,  EUECJ C-690/13, ECLI:EU:C:2015:235 … Continue reading Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015
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
A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been ‘lawfully and habitually employed’ in Belgium and they intended to return to Belgium after completion of the project. The French employment inspectors considered that Mr Vander Elst had infringed certain articles of the … Continue reading Raymond Vander Elst v Office des Migrations Internationales: ECJ 1994
Article 8 of the Convention was relied upon by the appellant to resists his return. Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the law of this country. The Convention is a treaty and may be … Continue reading Fernandes v Secretary of State: CA 1981
‘According to settled case-law, for the purposes of applying Article  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
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001
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
The reduction by Regulation No 816/92 of the reference quantities exempt from the additional levy on milk for 1992/93, without compensation, did not breach the right to property, the principle of protection of legitimate expectations or the principle of equality. First, that measure was justified by the concern to continue with the rationalisation of the … Continue reading Hauer v Council and Commission: ECFI 14 Jul 1998
Europa Article 85 of the EC Treaty (now Article 81 EC) – Compliance with a judgment of the Court of First Instance – Reimbursement of bank guarantee charges – Non-contractual liability of the Community Citations: T-28/03,  EUECJ T-28/03 Links: Bailii Jurisdiction: European Commercial Updated: 24 April 2022; Ref: scu.224398
Judgment – Part Four of the EC Treaty -? Article 227 of the EC Treaty ? Article 7(1)(a) of Sixth Directive 77/388/EEC ? Goods in free circulation in overseas countries and territoriesUnder the special arrangements applicable to the OCTs, including the Netherlands Antilles, in the absence of express reference the general provisions of the Treaty … Continue reading van der Kooy v Staatssecretaris van Financien: ECJ 28 Jan 1999
Free movement of goods – quantitative restrictions – measures having equivalent effect – prohibition on the sale of silver-plated articles not bearing a lawful hallmark – application to similar articles imported from other member states – permissibility – conditions – assessment by the national court (eec treaty , art. 30) article 30 of the treaty … Continue reading Robertson (Judgment): ECJ 22 Jun 1982
Europa Customs duties – charges having equivalent effect – concept (EEC treaty, article 13) Customs duties – charges having equivalent effect – elimination – obligations of member states – nature (EEC treaty, article 13) Customs duties – charges having equivalent effect – elimination – time-table – detailed rules of progression – powers of the commission … Continue reading Federal Republic of Germany v Commission of the EEC (Judgment): ECJ 16 Jun 1966
Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966
Europa Member states of the EEC – absolute obligation under the treaty – concept – rights of individuals – protection of such rights by national courts Policy of the EEC – common rules – tax provisions – internal taxation of one member state imposed on the products of other member states – prohibition of discrimination … Continue reading Alfons Lutticke GmbH v Hauptzollamt Sarrelouis (Judgment): ECJ 16 Jun 1966
Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966
The applicant had a British Passport, but had a British overseas citizen without a right of residence. Temporary leave to stay was renewed but eventually terminated. She claimed to be a citizen and therefore under European law entitled to freedom of movement within the EU. When the UK became a member of the EU it … Continue reading Regina v Secretary of State for the Home Department Ex Parte Kaur (Justice, Intervener) Case C-192/99: ECJ 8 Mar 2001
Where a citizen of a member state had been granted temporary admission, pending a final decision on whether she should be admitted or expelled, that decision was not one which could be classified as a ‘decision concerning entry,’ for the purposes of the directive, and by legal fiction the person was deemed to be out … Continue reading Regina v Secretary of State for the Home Department, ex parte Yiadom Case C-357/98: ECJ 16 Nov 2000
An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the … Continue reading Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000
Net book agreement was not in conflict with EEC treaty – only applies within UK. Citations: Times 31-Jan-1995 Statutes: EECTreaty 85(1) European Updated: 09 April 2022; Ref: scu.85077
Rule under which job-share employees lost out on pay rates when converted into full time equivalents were discriminatory against women since more women had job-share arrangements Citations: Times 02-Jul-1998, C-243/95 Statutes: ECTreaty 119 Council Directive 75/117/EEC Discrimination, European Updated: 08 April 2022; Ref: scu.81376
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
ECFI 1. Only measures the legal effects of which are binding on and capable of affecting the interests of the applicant by bringing about a distinct change in his legal position may be the subject of an action for annulment under Article 173 of the Treaty (now, after amendment, Article 230 EC).A Commission decision the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002
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
(Judgment) Failure of a Member State to fulfil its obligations – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Regulation (EEC) No 2408/92 – Access for Community air carriers to intra-Community air routes – Departure tax  EUECJ C-447/99, ECLI:EU:C:2001:382,  ECR I-5203 Bailii European Transport Updated: 26 January 2022; … Continue reading Commission v Italy C-447/99: ECJ 4 Jul 2001
Europa Equal pay for men and women – Conditions of application – Difference in pay – Definition of ‘the same work and ‘work of equal value – Classification, under a collective agreement, in the same job category – Burden of proof – Objective justification for unequal pay – Effectiveness of a specific employee’s work.Ms Brunnhofer … Continue reading Brunnhofer v Bank der Osterreichischen Postparkasse AG: ECJ 26 Jun 2001
ECJ (Judgment) Appeal – Article 81 EC – Agreements, decisions and concerted practices – Spanish market for penetration bitumen – Market sharing and price coordination – Notice on immunity from fines and reduction of fines in cartel cases (2002) – Final paragraph of point 23(b) – Partial immunity from fines – Evidence of facts previously … Continue reading Repsol Lubricantes Y Especialidades And Others v Commission: ECJ 9 Jun 2016
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
Europa Appeal – Competition – Cement market – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Jurisdiction of the Court of First Instance – Rights of the defence – Access to the file – Single and continuous infringement – Liability for an infringement – Evidence of participation in the general agreement and … Continue reading Aalborg Portland A/S, Irish Cement Ltd, Ciments francais, Italcementi – Fabbriche Riunite Cemento SpA; Buzzi Unicem SpA; Cementir v Commission: ECJ 7 Jan 2004
ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply … Continue reading Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999
(Judgment) 1. Agriculture – Competition rules – Provisions of the Treaty relating to aid granted by States – Applicability in the wine sector – Consequence – Power of the Council to authorize aid by derogation in view of exceptional circumstances (EC Treaty, Art. 42 and Arts 92 to 94; Council Regulation No 822/87, Art. 76) … Continue reading Commission v Council C-122/94: ECJ 29 Feb 1996
ECJ Judgment – Action for annulment – Directive 2013/51/Euratom – Choice of legal basis – EAEC Treaty – Articles 31 EA and 32 EA – FEU Treaty – Article 192(1) TFEU – Protecting human health – Radioactive substances in water intended for human consumption – Legal certainty – Sincere cooperation among the institutions R. Silva … Continue reading Parliament v Council: ECJ 12 Feb 2015
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981
Application for permission to bring a claim for judicial review of a proposed decision by Her Majesty’s Government to give notice pursuant to Article 10(5) of Protocol 36 to the Treaty on the Functioning of the European Union (‘The TFEU’) that the United Kingdom wishes to participate in the Council Framework Decision on the European … Continue reading Wheeler v The Office of The Prime Minister The Secretary of State for The Home Department: Admn 14 Nov 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
ECHR Grand Chamber- Article 41 Just satisfaction Award to State applicant party in respect of its missing and enclaved citizens in northern Cyprus Facts – In its Grand Chamber judgment delivered on 10 May 2001 (‘the principal judgment’) the Court found numerous violations of the Convention by Turkey, arising out of the military operations it … Continue reading Cyprus v Turkey (Just Satisfaction): ECHR 12 May 2014
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles. Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It … Continue reading Henn and Darby v Director of Public Prosecutions: HL 1980
Community law, and in particular the machinery of the common agricultural policy laid down for the cereals sector in, inter alia, Regulation No 2727/75 on the common organization of the market in cereals, precludes a Member State from levying a charge on a limited number of agricultural products over a prolonged period where that charge … Continue reading Sanders Adour and Guyomarc’h Orthez v Directeur des services fiscaux des Pyrenees-Atlantiques: ECJ 11 Jun 1992
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
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 Tsimenta Chalkidos v Commission: ECJ 15 Mar 2000
UTIAC  Regulation 6(1) of the Asylum Seekers (Reception Conditions) Regulations 2005 imposes on the Secretary of State a duty to endeavour to trace the members of a minor asylum applicant’s family as soon as possible following submission of the asylum claim. A failure to discharge this duty may, depending on the facts found, give … Continue reading SHL v Secretary of State for The Home Department (Tracing Obligation/Trafficking) Afghanistan: UTIAC 16 Jun 2013
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994
There was a dispute between an employee of the company, a subsidiary of the British Railways Board, a body created by the Transport Act 1962 to manage the railways in the united kingdom, and her employer concerning discrimination alleged to be suffered by female employees who on retirement no longer continue to enjoy travel facilities … Continue reading Garland v British Rail Engineering Ltd: HL 19 Jan 1981
No retrospection for pensions of civil partnership ECJ (Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2 – Prohibition of discrimination on grounds of sexual orientation and age – National pension scheme – Payment of a survivor’s benefit to the civil partner – Condition – … Continue reading Parris v Trinity College Dublin and Others: ECJ 24 Nov 2016
Europa Appeal – Action for annulment under Article 33 of the ECSC Treaty – Admissibility – Audi alteram partem rule in judicial proceedings. C-480/99,  EUECJ C-480/99P Bailii European European Updated: 09 November 2021; Ref: scu.167381
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008
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
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
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
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. Tne relationship is in contract between the club and its member. Sir Thomas Bingham MR: ‘No serious racecourse management, owner, trainer … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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
garland_breECJ1982 The fact that an employer (although not bound to do so by contract) provides special travel facilities for former male employees to enjoy after their retirement constitutes discrimination within the meaning of article 119 against former female employees who do not receive the same facilities. Where a national court is able, using the criteria … Continue reading Garland v British Rail Engineering Ltd: ECJ 9 Feb 1982
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a … Continue reading Buttes Gas and Oil Co v Hammer (No 3): HL 1981
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the . .
Europa State aid – Article 93(3) of the EC Treaty (now Article 88(3) EC) – Planned aid – Prohibition on the implementation of planned measures before the Commission’s final decision – Scope of the prohibition if . .
The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore . .
Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must . .
Europa The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is . .
Europa ECSC Treaty – Rejection of a complaint alleging discriminatory pricing and abusive royalties – Powers of the Commission – Judgment of the Court of First Instance annulling a decision to reject a complaint . .
Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or . .
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
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 . .
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
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 . .
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. . .
An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, . .
The claimant sought damages for patent infringement. The respondent asserted that the refusal to licence the patent amounted to an abuse of its dominant position. Complaint had also been brought in the US.
Held: The licence offered by Intel . .
ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, . .
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 . .
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 . .
Claim for infringement of unregistered design right. . .
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
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 . .
EU (Competition) Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in . .
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 . .
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 . .
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. . .
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 . .
External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers . .
1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff . .
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Europa The concept of ‘charge having equivalent effect’ under the agricultural regulations must be taken to have the same meaning as in articles 9 et seq . Of the treaty.
The prohibition of all customs . .