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Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

UK rules required that a wife of a migrant European worker must be resident for four years before applying for indefinite leave to remain, but a spouse of a person settled in the UK need only be resident for one year. There was no discrimination contrary to European Law which prevented rules restricting the free … Continue reading Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

Regina v Secretary of State for the Home Department, ex parte Yiadom Case C-357/98: ECJ 16 Nov 2000

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

Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000

A ban on tobacco advertising had been reached on the wrong legal basis under the Treaty, and was accordingly invalid. The Directive had been adopted under article 100a, but that was concerned only with measures to support harmonisation of member legal systems. The true aim of the directive was to improve health levels, but article … Continue reading Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000

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

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

William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002

The applicant appealed a refusal to rule that the system of allowing females better retirement options than would be granted to him as a Health Service employee were sexually discriminatory. The difference arose because of differentials applied before the directive came into effect, by the 1980 regulations. The case fell within the rule in Barber, … Continue reading William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002

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

Boyle and Others v Equal Opportunities Commission: ECJ 27 Oct 1998

It was not discriminatory to offer additional pay over and above statutory entitlements to workers taking maternity leave on condition that they return to work for at least a month after the birth or repay the additional sums allowed Citations: Times 29-Oct-1998, C-411/96, [1998] EUECJ C-411/96 Links: Bailii Statutes: ECTreaty Art 177, Council Directive 75/117/EC … Continue reading Boyle and Others v Equal Opportunities Commission: ECJ 27 Oct 1998

Preston and Others v Wolverhampton Healthcare NHS Trust and Others, Fletcher and Others v Midland Bank Plc (No 2): HL 8 Feb 2001

Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .