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 legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002
‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may make.’Lord Kingsdown said: ‘The transactions of independent states between each other are governed by other … Continue reading Secretary of State in Council of India v Kamachee Boye Sahab: PC 9 Jul 1859
ECJ Competition – Article 81 EC – Cartels – contract of agency agreement – Distribution of motor vehicles – Economic unit – Measures designed to hinder parallel trade in motor vehicles – Price fixing – Regulation (EC) No 1475/95 – Fine Citations: T-325/01, [2005] EUECJ T-325/01 Links: Bailii Statutes: Regulation (EC) No 1475/95, EC Treaty … Continue reading Daimlerchrysler AG v Commission (Competition): ECFI 15 Sep 2005
The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded to a partner. Held: The effect of the law was discriminatory. … Continue reading KB v National Health Service Pensions Agency and Secretary of State for Health: ECJ 7 Jan 2004
The applicant sought an order to annul a decision of the Commission to issue legal proceedings against it, involving allegations that the smuggling of cigarettes had led to a loss of customs duty. Held: It is settled law that only measures by Community institutions having an effect on an individual were challengeable by that individual … Continue reading Philip Morris International Inc and Others v Commission of the European Communities: ECFI 15 Jan 2003
ECJ According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, the fifth paragraph of Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary … Continue reading Alitalia v Commission: ECFI 12 Dec 2000
1. A declaration of annulment limited solely to the provision of a regulation concerning the extension of an anti-dumping duty would make the regulation extending the definitive anti-dumping duty to importers of similar products or parts of those products a dead letter. The remainder of the operative part of that regulation concerns only the implementation … Continue reading Buchel v Council and Commission: ECFI 26 Sep 2000
ECFI 1 According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary to the criteria … Continue reading Salomon v Commission: ECFI 6 Oct 1999
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
ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002
1. The Community’s liability for losses resulting from the application of Regulation No 857/84, which fixes the reference quantity to be allocated under the scheme for additional levies on milk to each producer on the basis of production delivered during a reference year, cannot be incurred with respect to losses sustained after the date of … Continue reading Schulte v Council and Commission: ECFI 7 Feb 2002
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002
(Judgment) Failure of a Member State to fulfil its obligations – Infringement of Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – National legislation concerning rubber materials and rubber articles entering into contact with foodstuffs, food products and beverages – Mutual recognition – No proper letter of formal notice – Action … Continue reading Commission v France C-230/99: ECJ 15 Feb 2001
ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905
ECJ 1. Preliminary rulings – Jurisdiction of the Court – Limits – Jurisdiction of the national court – Determination and assessment of the facts of the dispute – Need for a preliminary ruling and relevance of the questions raised -Assessment by the national court(EEC Treaty, Art. 177)2. Common commercial policy – Protection against dumping – … Continue reading AC-ATEL Electronics v Hauptzollamt Munchen-Mitte: ECJ 2 Jun 1994
Judgment – A Member State is in breach of its obligations under Article 95 of the EEC Treaty if, in connection with value added tax, it applies to spirits a system of differentiated rates arranged so that all products produced domestically fall within the most favourable tax category, whereas imported products, in respect of which … Continue reading Commission v Greece: ECJ 18 Apr 1991
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 request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill that the judge ‘should be told anything to … Continue reading Regina v Director of Serious Fraud Office ex parte KM and others: 7 Apr 1998
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a public interest in protecting the personal and property rights of citizens against infringement and … Continue reading Regina v Lewes Crown Court ex parte Hill: 1991
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
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way Implementation by a Member State Transfer of powers to regional authorities of a Member State Discrimination contrary to Community lawThe Court considered a Memorandum of … Continue reading Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
The applicant was an ethnic Albanian, whose application for asylum had been rejected on the ground that he had passed through Germany. The Dublin Convention did not create rights enforceable by individuals, its purpose is to produce a system which . .
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
‘The scheme of both the ICSID Convention and the bilateral investment treaties is that in this circumstance, the foreign investor acquires rights under the Convention and Treaty, including in particular the standing to initiate international arbitration.’ Citations: ARB/03/10 Jurisdiction: England and Wales Cited by: Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA … Continue reading Gas Natural SDG SA v The Argentine Republic: ICSID 2003
(Spanish Text) Diplomatic protection ‘cannot be considered the general rule in the system of international law presently governing the matter, but as a residual mechanism available when the affected individual has no direct channel in its own right.’ Citations: ARB/03/2 Links: ICSID Jurisdiction: England and Wales Citing: Cited – In re Barcelona Traction, Light and … Continue reading Camuzzi International SA v The Argentine Republic (No 2): ICSID 11 May 2005
International arbitration proceedings under a joint venture agreement had led to an award in Westland’s favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. Colman J was faced with a claim by an Egyptian intervener to be the same as (or a successor … Continue reading Westland Helicopters Ltd v Arab Organisation for Industrialisation: 1995
(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
Any choice of international law to govern an agreement to arbitrate should be express. Judges: Hobhouse J Citations: [1986] 1 QB 441 Jurisdiction: England and Wales Citing: Cited – Henderson v Henderson 20-Jul-1843 Abuse of Process and Re-litigationThe court set down the principles to be applied in abuse of process cases, where a matter was … Continue reading Dallal v Bank Mellat: 1986
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: Williams J cited with approval Blackburn’s statement in his Treaty on the Contract of Sale that ‘when parties have … Continue reading M’Cance v The London And North Western Railway Company: 20 Jun 1864
On the proper inerpretation of the legislation, the extent of application of the legislative regime is determined by reference to the concept of the UK’s territorial waters as defined from time to time by the Crown. When the exercise of the Royal Prerogative directly effects an extension or contraction of the jurisdiction without the constitutional … Continue reading Post Office v Estuary Radio Ltd: CA 1968
The Sovereign acts ‘throughout the making of the treaty and in relation to each and every of its stipulations in her sovereign character, and by her own inherent authority; and, as in making the treaty, so in performing the treaty, she is beyond the control of municipal law, and her acts are not to be … Continue reading Rustomjee v The Queen: QBD 1876
The United States, in connection with the investigation of an alleged fraud, sought the assistance of the Secretary of State to obtain evidence and information from members of an English firm of accountants, who were not themselves under suspicion. The matter was referred to the Director and the solicitors for the accountants sought access to … Continue reading Regina v Evans and Lord: Admn 2002
The Barcelona Traction case ‘has been held not to be controlling in investment claims such as the present, as it deals with the separate question of diplomatic protection in a particular setting’ and that: ‘what the State of nationality of the investor might argue in a given case to which it is a party cannot … Continue reading Enron Corporation v The Argentine Republic: ICSID 14 Jan 2004
Of the Barcelona Traction case:- ‘this decision of the International Court of Justice referred particularly to the protection that could be expected by the shareholders in this case, but specifying that they can enjoy other protection, if there is a specific agreement in this regard. In this case, this is precisely the situation. There is … Continue reading Camuzzi International SA v Argentine Republic: ICSID 11 May 2005
The Beamtenabkommen regulated the employment conditions of Danzig railway employees who had, after the First World War, passed into the service of the Polish Railways Administration. Poland’s contention that this treaty only created inter-State rights was rejected. The Court said that: ‘It may be readily admitted that, according to a well established principle of international … Continue reading Jurisdiction of the Courts of Danzig Case (the Beamtenabkommen): ICJ 1928
(Permanent International Court of Justice) ‘It is an elementary principle of international law that a State is entitled to protect its subjects, when injured by acts contrary to international law committed by another State, from whom they have been unable to obtain satisfaction through the ordinary channels. By taking up the case of one of … Continue reading Case of the Mavrommatis Palestine Concessions: 1924
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
Where parties have entered into a domestic contract in which they have chosen to incorporate the terms of the treaty, the court may be called upon to interpret the treaty for the purposes of ascertaining the rights and obligations of the parties . .
Lord Templeman said: ‘passages extracted and amassed from a lengthy speech deal with different issues and different facts’. . .
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