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Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

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

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

Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994

Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994

Daimlerchrysler AG v Commission (Competition): ECFI 15 Sep 2005

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

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

DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.The provisions of community law relating to freedom of movement for workers also cover a national of a member state who pursues, … Continue reading DM Levin v Staatssecretaris Van Justitie: ECJ 23 Mar 1982

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

Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981

ECJ It follows from article 30 in conjunction with article 36 of the EEC Treaty that a member state is not prohibited from requiring plant protection products to be subject to prior approval , even if those products have already been approved in another member state. The authorities of the importing state are however not … Continue reading Criminal Proceedings Against Frans-Nederlandse Maatschappij Voor Biologische Producten Bv: ECJ 17 Dec 1981

International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

ECJ 1 The applications in cases 60/81R and 190/81R have the same subject-matter; it is therefore appropriate to join them and to give the decision regarding them in a single order.2 according to article 185 of the treaty, actions brought before the court of justice do not have suspensory effect. The court may, however, if … Continue reading International Business Machines Corporation v Commission of The European Communities: ECJ 7 Jul 1981

Spa Vinal v Spa Orbat: ECJ 14 Jan 1981

ECJ 1. In its present stage of development community law does not restrict the freedom of each member state to lay down tax arrangements which differentiate between certain products on the basis of objective criteria, such as the nature of the raw materials used or the production processes employed. Such differentiation is compatible with community … Continue reading Spa Vinal v Spa Orbat: ECJ 14 Jan 1981

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

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

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

Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000

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

Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

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

J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981

The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119. Held: The scope of Article 119 EEC covers not only direct but also indirect discrimination. The difference between part-time and full-time work … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981

Carter Holt Harvey Building Products Group Ltd v The Commerce Commission: PC 14 Jul 2004

(New Zealand) The company had been found guilty under the Act of abusing its dominant position. The appeal was restricted to whether the dominant position was being used in the way suggested. Would the company have introduced its price cuts if it had not had the dominant position it did have. Held: ‘while it is … Continue reading Carter Holt Harvey Building Products Group Ltd v The Commerce Commission: PC 14 Jul 2004

British Sugar v Commission: ECJ 29 Apr 2004

Europa For an agreement between undertakings or a concerted practice to be capable of affecting trade between Member States, it must be possible to foresee with a sufficient degree of probability and on the basis of objective factors of law or fact that it may have an influence, direct or indirect, actual or potential, on … Continue reading British Sugar v Commission: ECJ 29 Apr 2004

Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Europa 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 pharmaceutical products. Citations: C-2/01, [2004] EUECJ C-2/01P Links: Bailii Jurisdiction: European Citing: Appeal from – Bayer AG v Commission (Rec … Continue reading Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG: ECJ 6 Jan 2004

Strintzis Lines Shipping v Commission: ECFI 11 Dec 2003

ECJ (Judgment) Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article … Continue reading Strintzis Lines Shipping v Commission: ECFI 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

Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

ECJ Income tax – Nonresidents – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) and Article 60 of the EC Treaty (now Article 50 EC) – Nontaxable threshold amount – Deduction of business expenses. Citations: C-234/01, [2003] EUECJ C-234/01 Links: Bailii Jurisdiction: European European, Income Tax Updated: 07 June 2022; Ref: … Continue reading Arnoud Gerritse v Finanzamt Neukolln-Nord: ECJ 12 Jun 2003

Consorzio del Prosciutto di Parma and Salumificio S Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd: ECJ 20 May 2003

Europa Reference for a preliminary ruling: House of Lords – United Kingdom. Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification … Continue reading Consorzio del Prosciutto di Parma and Salumificio S Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd: ECJ 20 May 2003

Commission v Italy C-388/01: ECJ 16 Jan 2003

Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralized State authorities.Complaint was made that the Italian Republic discriminated against nationals of other … Continue reading Commission v Italy C-388/01: ECJ 16 Jan 2003

Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Ventouris Enterprises v Commission: ECFI 20 Jul 1999

ECJ Competition – Regulation (EEC)No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1)of the EC Treaty (now Article 81(1)EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances. … Continue reading Ventouris Enterprises v Commission: ECFI 20 Jul 1999

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

Biscuiterie confiserie LOR and Confiserie du Tech v Commission: ECFI 26 Mar 1999

ECJ Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation concerning the registration of geographical indications and designations of origin under the procedure provided for in Article 17 of Regulation No 2081/92 – Action brought by producers of `tourons’ – Inadmissible (EC Treaty, Arts 173, … Continue reading Biscuiterie confiserie LOR and Confiserie du Tech v Commission: ECFI 26 Mar 1999

Peugeot v Commission: ECFI 2 May 1997

ECJ 1 Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Letter forming part of the first stage of the procedure laid down in Article 5 of Commission Decision 94/810 – Preparatory act (EC Treaty, Art. 173; Commission Decision 94/810, Art. 5) 2 Procedure – Action contesting a preparatory … Continue reading Peugeot v Commission: ECFI 2 May 1997

Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Competition – Payment of a fine – Bank guarantee – Procedure for interim relief – Suspension of operation.It is only in exceptional circumstances that the judge hearing an application for interim measures should order the suspension of the applicant undertaking’ s obligation to provide a bank guarantee securing payment of a fine imposed on it.The … Continue reading Tsimenta Chalkidos v Commission: ECFI 11 Aug 1995

Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

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

Cascades v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC Treaty – Liability for the infringement- Fine – Statement of reasons – Mitigating circumstances. Citations: T-308/94, [1998] EUECJ T-308/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172923

Buchmann v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC-Treaty – Proof of participation in collusion – Fine – Determination of the amount – Statement of reasons. Citations: T-295/94, [1998] EUECJ T-295/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172915

Europa Carton v Commission: ECFI 14 May 1998

ECJ Competition – Article 85(1) of the EC Treaty – Proof of participation in collusion – Fine – Turnover – Determination of the amount – Mitigating circumstances. Citations: T-304/94, [1998] EUECJ T-304/94 Links: Bailii Statutes: EC Treaty 85(1) European, Commercial Updated: 06 June 2022; Ref: scu.172921

Lisrestal and others v Commission: ECFI 6 Dec 1994

1. The delegation of authority to sign within an institution is a measure relating to the internal organization of the Community’ s administrative departments. It is in accordance with Article 27 of the Commission’ s Rules of Procedure and is the normal means by which the Commission exercises its powers. Officials may therefore be empowered … Continue reading Lisrestal and others v Commission: ECFI 6 Dec 1994

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

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Citations: C-298/99, [2002] EUECJ C-298/99 Links: Bailii Statutes: Directive 85/384/EEC Jurisdiction: England and Wales … Continue reading Commission v Italy – C-298/99: ECJ 21 Mar 2002

J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC Treaty (now Article 81 EC) – Association of undertakings – Restriction of competition – Justification – Article 86 of the … Continue reading J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap: ECJ 19 Feb 2002

Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

The court considered a petrol station agreement under which the operator of the station agreed to take fuel from a single supplier. The agreement was for 10 years and thereafter the operator could terminate the agreement by giving a year’s notice. Neste acquired the supplier and after the 10-year period had expired the operator stopped … Continue reading Neste Markkinointi Oy v Yotuuli Ky and Others: ECJ 7 Dec 2000

Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.‘Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning … Continue reading Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

Criminal proceedings against Denuit: ECJ 29 May 1997

ECJ Judgment – 1 Freedom to provide services – Television broadcasting – Directive 89/552 – Television broadcaster coming under the jurisdiction of a Member State – Determining criterion – Establishment – Effects of the origin of broadcast programmes on a Member State’s jurisdiction – None (Council Directive 89/552, Art. 2(1)) 2 Freedom to provide services … Continue reading Criminal proceedings against Denuit: ECJ 29 May 1997

Biogen v Smithkline Beecham Biologicals: ECJ 26 Feb 1996

ECJ (Order) A natural or legal person who has not sought or been granted leave to intervene before the national court is not entitled to apply for leave to intervene in preliminary ruling proceedings before the Court of Justice in order to submit observations on the question raised by the national court. Article 37 of … Continue reading Biogen v Smithkline Beecham Biologicals: ECJ 26 Feb 1996

FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996

ECJ 1. Since, under the common organization of the markets in sheepmeat and goatmeat, the purpose of charging clawback is to avoid disruption of intra-Community trade arising from the application of the variable slaughter premium, it must be charged in such a way that it neutralizes the effect of the premium on departure from the … Continue reading FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996

Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 1995

The different pension ages for men and women, and to entitlement to associated invalidity benefits not discriminatory. Community law was not contravened by invalidity benefit being added to a pension. Citations: Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-92/94, [1995] EUECJ C-92/94 Links: Bailii Statutes: EC Treaty Article 177, Directive 79/7/EEC Article 7(1)(a) Benefits, Discrimination, European Updated: … Continue reading Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 1995

Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997

ECJ 1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Temporary suspension of a percentage of the reference quantities exempt from the levy – Conversion into definitive reduction without compensation – Principle of protection of legitimate expectations – Right to property – Principle of proportionality … Continue reading Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997

Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

(Rec 1993,p I-2239) (SV93-181) (Judgment) 1. Freedom to provide services – Provisions of the Treaty – Field of application – Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States – Inclusion (EEC Treaty, Art. 59 et seq.) 2. Freedom to provide services – Restrictions – … Continue reading Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

Cebag v Commission: ECJ 11 Feb 1993

ECJ (Judgment) 1. Pursuant to Regulation No 3972/86 on food-aid policy and food-aid management, such aid is supplied on the basis of contractual undertakings between the Commission and the successful tenderers. The relationship between successful tenderers and the Commission cannot be held to be governed entirely by regulatory provisions, particularly in view of the fact … Continue reading Cebag v Commission: ECJ 11 Feb 1993

Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992

A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, constitutes a charge having an effect equivalent to customs … Continue reading Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992

Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990

ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the construction and public works sector in another Member State may move with its labour force which it brings from … Continue reading Rush Portuguesa Ld v Office National d’immigration: ECJ 27 Mar 1990

Regina v Commissioners of Customs and Excise ex parte Lunn Poly and another: Admn 2 Apr 1998

The application of differential rates of insurance premium tax, in order to prevent price shifting between products sold together, was against European law and void. Citations: Times 08-Apr-1998, [1998] EWHC Admin 391 Links: Bailii Statutes: EC Treaty Art 92(1), Finance Act 1997 Jurisdiction: England and Wales European Updated: 27 May 2022; Ref: scu.138512

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990

Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

A Ahlstrom Osakeyhtio and others v Commission: ECJ 31 Mar 1993

ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves effectively before the Commission adopts a final decision, must be couched in terms that, albeit succinct, are sufficiently clear to enable … Continue reading A Ahlstrom Osakeyhtio and others v Commission: ECJ 31 Mar 1993

Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987

1. Article 215 of the Treaty does not prevent the court from being asked to declare the community liable for imminent damage foreseeable with sufficient certainty even if the damage cannot yet be precisely assessed.2. The lawfulness of Regulations nos 855/84 and 2677/84 cannot be called in question with regard to article 39 (1) of … Continue reading Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987

Gaarm – Groupement Des Associations Agricoles Pour L’organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Legumes De La Region Malouine And Others v Commission of The European Communities: ECJ 13 Dec 1984

Europa 1. Non-contractual liability – importation at low prices of new potatoes from Greece – failure to act on the part of the commission (EEC treaty, art. 46 and art. 215, second para. Act of accession of the Hellenic Republic, arts 130 (2) and 131; council regulation no 17, art. 3, and council regulation no … Continue reading Gaarm – Groupement Des Associations Agricoles Pour L’organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Legumes De La Region Malouine And Others v Commission of The European Communities: ECJ 13 Dec 1984

Sermide Spa v Cassa Conguaglio Zucchero and Others: ECJ 13 Dec 1984

ECJ 1. Agriculture – common organization of the markets – discrimination between producers or consumers – prohibition – scope – measures differentiated according to regions of the community – whether permissible -objective criteria (EEC treaty, arts 7 and 40 (3), second subparagraph) 2. Agriculture – common organization of the markets – sugar – production levy … Continue reading Sermide Spa v Cassa Conguaglio Zucchero and Others: ECJ 13 Dec 1984

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 6 Jul 1982

The general scheme and content of Directive 75/117, whose essential purpose is to implement the principle of equal pay for men and women, indicate that it is the responsibility of the member states to guarantee the right to receive equal pay for work of equal value even in the absence of a system of job … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 6 Jul 1982

Susan Jane Worringham and Margaret Humphreys v Lloyds Bank Limited: ECJ 11 Mar 1981

Europa A contribution to a retirement benefits scheme which is paid by an employer on behalf of employees by means of an addition to the gross salary and which therefore helps to determine the amount of that salary constitutes ‘pay’ within the meaning of the second paragraph of article 119 of the EEC treaty. Directive … Continue reading Susan Jane Worringham and Margaret Humphreys v Lloyds Bank Limited: ECJ 11 Mar 1981

Macarthys Ltd v Smith: ECJ 27 Mar 1980

The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be identified solely with the aid of the criteria of equal work and equal … Continue reading Macarthys Ltd v Smith: ECJ 27 Mar 1980

Gordon Craigie Bowden and others v Commission of the European Communities: ECJ 16 Jul 1981

Europa Officials – applications to the court – application directed against a regulation – absence of act adversely affecting the official -inadmissibility (EEC treaty, art. 173; staff regulations of officials, arts 90 and 91; council regulations nos 3085 and 3086/78 amending the staff regulations of officials) regulations nos 3085 and 3086/78 are of general application … Continue reading Gordon Craigie Bowden and others v Commission of the European Communities: ECJ 16 Jul 1981

Commission v France (Rec 1981,P 283) (Judgment): ECJ 3 Feb 1981

ECJ 1. The prohibition of charges having an effect equivalent to customs duties covers any charge exacted at the time of or on account of importation which, being borne specifically by an imported product to the exclusion of the similar domestic product, has the result of altering the cost price of the imported product thereby … Continue reading Commission v France (Rec 1981,P 283) (Judgment): ECJ 3 Feb 1981

Commission of the European Communities v Kingdom of Belgium: ECJ 6 May 1980

Europa It is essential that each member state should implement directives in a way which fully meets the requirements of clarity and certainty in legal situations which directives seek for the benefit of traders established in other member states. Mere administrative practices, which by their nature can be changed as and when the authorities please … Continue reading Commission of the European Communities v Kingdom of Belgium: ECJ 6 May 1980

SARL Denkavit Loire v Etat Francais, administration des douanes: ECJ 31 May 1979

ECJ Any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier and which is not a customs duty in the strict sense, constitutes a charge having an equivalent effect within the meaning of articles 9, 12, 13 and 16 … Continue reading SARL Denkavit Loire v Etat Francais, administration des douanes: ECJ 31 May 1979

SpA Salgoil v Italian Ministry of Foreign Trade: ECJ 19 Dec 1968

ECJ 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – reference to the court by a national court or tribunal – applicability of the provision referred for interpretation – express statement not obligatory (EEC treaty, article 177) 3. Quantitative restrictions – abolition … Continue reading SpA Salgoil v Italian Ministry of Foreign Trade: ECJ 19 Dec 1968

Acciaierie e Ferriere di Solbiate SpA v High Authority of the ECSC: ECJ 16 Jun 1966

Europa 1. Common financial arrangements – equalization of ferrous scrap – own resources of scrap – concept (ECSC treaty, article 53) 2. Common financial arrangements – undertakings liable to pay contributions – concept (ECSC treaty, articles 53, 80) 3. Common financial arrangements – equalization of ferrous scrap – bought scrap added to stock – system … Continue reading Acciaierie e Ferriere di Solbiate SpA v High Authority of the ECSC: ECJ 16 Jun 1966

Compagnie des forges de Chatillon, Commentry and Neuves-Maisons v High Authority of the ECSC (Judgment): ECJ 16 Jun 1966

Europa Measures adopted by an institution – decision – constituent elements (ECSC treaty, article 14) cf. Para. 1(a), summary, joined cases 23, 24 and 52/63, (1963) ECR 217. A measure which satisfies the fundamental conditions underlying the concept of a decision within the meaning of the treaty retains the character of a decision even though … Continue reading Compagnie des forges de Chatillon, Commentry and Neuves-Maisons v High Authority of the ECSC (Judgment): ECJ 16 Jun 1966

Sirdar v Army Board and Another: ECFI 27 Oct 1999

It was possible for the Royal Marine unit to exclude the employment of a woman as a chef. The requirement not to discriminate was overriding save where the nature of the work makes the sex of the worker a determining factor. The nature and rules of a marine unit, required interoperability, in that any member … Continue reading Sirdar v Army Board and Another: ECFI 27 Oct 1999

Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999

The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999

Hermes International v FHT Marketing: ECJ 9 Sep 1998

Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits. ECJ Agreement establishing the World Trade Organisation – TRIPS Agreement – Article 177 of the Treaty – Jurisdiction of … Continue reading Hermes International v FHT Marketing: ECJ 9 Sep 1998

Beloit Technologies Inc and Another v Valmet Paper Machinery Inc and Another: ChD 12 May 1995

The judge urged that the Convention should be incorporated into English law without rephrasing difficult clauses: ‘it helps no-one for the Parliamentary draftsman to re-write matter in a treaty or convention (or EU directive for that matter) which is to be implemented in the United Kingdom. If the language of the basic document is obscure … Continue reading Beloit Technologies Inc and Another v Valmet Paper Machinery Inc and Another: ChD 12 May 1995

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

Secretry of State for the Home Department v Akrich: ECJ 23 Sep 2003

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

Webb (Judgment): ECJ 17 Dec 1981

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

Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999

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

Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

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, [2015] EUECJ C-690/13, ECLI:EU:C:2015:235 … Continue reading Trapeza Eurobank Ergasias v Agrotiki Trapeza tis Ellados AE: ECJ 16 Apr 2015

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

Raymond Vander Elst v Office des Migrations Internationales: ECJ 1994

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

Tierce Ladbroke SA v Commission: ECFI 1997

‘According to settled case-law, for the purposes of applying Article [82] of the Treaty, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying … Continue reading Tierce Ladbroke SA v Commission: ECFI 1997

Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

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

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

Hauer v Council and Commission: ECFI 14 Jul 1998

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