Search Results for: EEC Treaty 177

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Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977

ECJ 1. Whenever community law has created for the institutions of the community powers within its internal system for the purpose of attaining a specific objective, the community has authority to enter into the international commitments necessary for the attainment of that objective even in the absence of an express provision in that connexion. This … Continue reading Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977

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

BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 1995

Europa Under the procedure for a preliminary ruling provided for in Article 177 of the Treaty it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for … Continue reading BP Supergas Anonimos Etairia Geniki Emporiki-Viomichaniki kai Antiprossopeion v Greece: ECJ 6 Jul 1995

Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990

Europa 1 By an application lodged at the Court Registry on 16 March 1990, Mr Y . Blot, a Member of the European Parliament belonging to the Group of the European Right, and the Front national, a non-profit-making association governed by the French Law of 18 July 1901, represented by its chairman Mr Le Pen, … Continue reading Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990

Garland v British Rail Engineering Ltd (No 2): HL 22 Apr 1982

Under English law and under Community law, the national court should construe a regulation adopted to give effect to a Directive as intended to carry out the obligations of the Directive and as not being inconsistent with it if it is reasonably capable of bearing such a meaning. Lord Diplock said that: ‘it is a … Continue reading Garland v British Rail Engineering Ltd (No 2): HL 22 Apr 1982

AC-ATEL Electronics v Hauptzollamt Munchen-Mitte: ECJ 2 Jun 1994

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

Srl CILFIT v Ministero Della Sanita: ECJ 6 Oct 1982

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

Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963

ECJ (Preliminary Ruling ) 1. The obligation imposed by the third paragraph of article 177 of the EEC Treaty upon national courts or tribunals of last instance may be deprived of its purpose by reason of the authority of an interpretation already given by the court under article 177 in those cases in which the … Continue reading Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963

Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

In applying article 177 of the Treaty the court is not competent to decide questions of compatibility of a provision of national law with community law. It can, however, infer from the wording of the questions formulated by the national court, in the light of the facts as found by the latter, the matters involving … Continue reading Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

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, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

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, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Sas Mediterranea Importazione, Rappresentanze, Esportazione, Commercio (Mireco).: ECJ 10 Jul 1980

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

Giovanni De Cicco v Landesversicherungsanstalt Schwaben: ECJ 19 Dec 1968

ECJ 1. Procedure – references for preliminary ruling – jurisdiction of the court – limits – task of national courts or tribunals (EEC treaty, article 177) 2. Procedure – references for preliminary ruling – reference to the court by a national court or tribunal – conditions (EEC treaty, article 177) 3. Procedure – references for … Continue reading Giovanni De Cicco v Landesversicherungsanstalt Schwaben: ECJ 19 Dec 1968

International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005

L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006

The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled. Held: The claimant’s expert survey evidence was defective in several ways, but even so there was no evidence of confusion under the … Continue reading L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006

Ministere Public v Tournier: ECJ 13 Jul 1989

1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility (EEC Treaty, Art 30) 2 … Continue reading Ministere Public v Tournier: ECJ 13 Jul 1989

Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984

ECJ Free movement of workers – Concept of worker. 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty, it is for the national court, which is alone in having direct knowledge of the facts of the case and of the arguments put forward … Continue reading Hans Moser v Land Baden-Wuerttemberg: ECJ 28 Jun 1984

Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980

ECJ 1. Within the framework of the task given it by article 177 of the EEC Treaty, the court of justice has no jurisdiction to decide the application of the treaty to a given case but the need to reach a useful interpretation of community law enables it to extract from the facts of the … Continue reading Procureur De La Republique And Others v Bruno Giry And Guerlain Sa And Others: ECJ 10 Jul 1980

Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 1978

ECJ 1. As regards the division of jurisdiction between national courts and the court of justice under article 177 of the treaty the national court, which is alone in having a direct knowledge of the facts of the case and of the arguments put forward by the parties, and which has to give judgment in … Continue reading Pigs Marketing Board v Raymond Redmond: ECJ 29 Nov 1978

Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

ECJ 1. References for a preliminary ruling – jurisdiction of the court – limits(EEC Treaty, article 177)2. Social security – migrant workers – old age (pensions) insurance – algeria – insurance periods completed before 19 january 1965 – taking into consideration by french institutions – national of a member state other than france – recipient(EEC … Continue reading Directeur Regional De La Securite Sociale De Nancy v Auguste Hirardin And Caisse Regionale D’Assurance Maladie Du Nord-Est.: ECJ 8 Apr 1976

Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972

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

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

Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

1. Procedure – preliminary ruling – jurisdiction of the court exclusively dependent on the existence of a request (EEC Treaty, article 177) 2. Procedure – preliminary ruling on the interpretation of the EEC treaty – request by a national court – form not laid down in the treaty (EEC treaty, article 177) 3. Procedure – … Continue reading Kledingverkoopbedrijf De Geus En Uitdenbogerd v Robert Bosch Gmbh and Van Rijn: ECJ 6 Apr 1962

Micula and Others v Romania: SC 19 Feb 2020

The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020

Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

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

Linhart v Hans Biffl: ECJ 24 Oct 2002

ECJ Approximation of laws – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Directive 76/768/EEC relating to cosmetic products – Directive 84/450/EEC concerning misleading advertising – National legislation laying down restrictions on advertising. Judges: J-P. Puissochet, P Citations: C-99/01, [2002] EUECJ C-99/01 Links: Bailii European, … Continue reading Linhart v Hans Biffl: ECJ 24 Oct 2002

H and R Ecroyd v Commission: ECFI 20 May 1999

ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999

Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 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

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

Garofalo and others v Ministero della Sanita and USL no 58 di Palermo: ECJ 16 Oct 1997

ECJ Article 177 of the EC Treaty – Jurisdiction – Court of one of the Member States – Extraordinary petition to the President of the Italian Republic – Compulsory opinion of the Consiglio di Stato – Directives 86/457/EEC and 93/16/EEC – Specific training in general medical practice – Rights acquired before 1 January 1995 Citations: … Continue reading Garofalo and others v Ministero della Sanita and USL no 58 di Palermo: ECJ 16 Oct 1997

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

Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

Equal pay provisions apply to piece rate work- Employer to justify differences. where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, so that there is a prima facie case of sex discrimination, article … Continue reading Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

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

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

Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980

Europa In connection with the task entrusted to it by article 177 of the EEC treaty the court has no jurisdiction to review the application of the provisions of community law to a given case or to criticize the way in which a national court applies community law. However, the need to arrive at a … Continue reading Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980

Koninklijke Scholten-Honig v Council and Commission: ECJ 5 Dec 1979

A finding that a legal situation resulting from a legislative measure by the Community involving choices of economic policy is illegal is insufficient by itself to involve the Community in liability under the second paragraph of article 215 of the EEC Treaty; in addition the measure must be vitiated by a sufficiently serious breach of … Continue reading Koninklijke Scholten-Honig v Council and Commission: ECJ 5 Dec 1979

Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

IBC v Commission: ECJ 27 Jan 1976

When an action is brought against decisions of the national authorities adopted in implementation of community rules which the applicant regards as unlawful, the question of the legality of such implementing measures adopted in pursuance of community law is a matter for the competent national courts or tribunals to decide, using the procedures laid down … Continue reading IBC v Commission: ECJ 27 Jan 1976

Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

Europa An interpretation given by the court of justice under article 177 of the EEC treaty binds the national court hearing the case concerned. It is for the national court, however, to decide whether it is sufficiently enlightened by the preliminary ruling given or whether it is necessary to make a further reference to the … Continue reading Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

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

Franz Grad v Finanzamt Traunstein. (Measures Adopted By An Institution ): ECJ 6 Oct 1970

Europa It would be incompatible with the binding effect attributed to decisions by article 189 to exclude in principle the possibility that persons affected may invoke the obligation imposed by a decision. Particularly in cases where, for example, the community authorities have by means of a decision imposed an obligation in a member state or … Continue reading Franz Grad v Finanzamt Traunstein. (Measures Adopted By An Institution ): ECJ 6 Oct 1970

Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966

Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966

Brown v Rentokil Ltd: ECJ 30 Jun 1998

Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to … Continue reading Brown v Rentokil Ltd: ECJ 30 Jun 1998

Arend van de Poll KG v Hauptzollamt Trier (Judgment): ECJ 14 Dec 1972

Europa 1. Common customs tariff – tariff classification – heading 23.07 -interpretation (regulations nos 19/62 and 55/62) 2. Common customs tariff – tariff classification – criteria – application -jurisdiction of the national court 1. Heading 23.07 of the common customs tariff, to which reference is made in article 1 (d) of and the annex to … Continue reading Arend van de Poll KG v Hauptzollamt Trier (Judgment): ECJ 14 Dec 1972

Caisse regionale de securite sociale du nord de la France v Achille Torrekens (Judgment): ECJ 7 May 1969

Europa 1. Procedure – questions referred for preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Social security for migrant workers – old-age and death pensions – aggregation – application of legislation mentioned in annex b to regulation no 3 including non-contributory schemes (regulation no 3, article 27, annex b) … Continue reading Caisse regionale de securite sociale du nord de la France v Achille Torrekens (Judgment): ECJ 7 May 1969

Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969

Europa 1. Procedure – preliminary ruling – jurisdiction of the court of justice – limits (EEC treaty, article 177) 2. Policy of the EEC – rules on competition between undertakings – agreements which may affect trade between member state – concept (EEC treaty, article 85) 3. Policy of the EEC – rules on competition between … Continue reading Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969

S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969

Europa 1. Procedure – preliminary questions – jurisdiction of the court – limits – task of the national courts (EEC treaty, article 177) 2. Policy of the EEC – rules on competition – agreements – notification – prohibition of an agreement notified – condition of prohibition (EEC treaty, article 85; regulation no 17/62 of the … Continue reading S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969

Auguste de Moor v Caisse de pension des employes prives (Judgment): ECJ 5 Jul 1967

Europa Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177). Free movement of persons – migrant workers – insurance – benefits – proportional calculation as a corollary of aggregation (EEC treaty, article 51). Free movement of persons – migrant workers – insurance – system provided for by regulation no … Continue reading Auguste de Moor v Caisse de pension des employes prives (Judgment): ECJ 5 Jul 1967

Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 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

G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 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

Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010

The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their own pre-emptive campaign. They now admitted misuse of the confidential information acquired. Held: The claim succeeded … Continue reading Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

PMS International Group Plc v Magmatic Ltd: SC 9 Mar 2016

Overall Impression of Design is a Judgment The respondent had alleged infringement of its registered design in the ‘Trunki’, a ride-on children’s suitcase. At first instance, the judge had held that the surface decorations were to be ignored. On appeal it had been held that the judge had failed properly to allow for the overall … Continue reading PMS International Group Plc v Magmatic Ltd: SC 9 Mar 2016

British Airways Plc v Williams and Others: SC 17 Oct 2012

The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

Garland v British Rail Engineering Ltd: HL 19 Jan 1981

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

Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009

HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

OB v Aventis Pasteur SA: HL 11 Jun 2008

The claimant had been vaccinated with a HIB vaccine. He was severely injured and it was said that the vaccine was the cause, and a claim made under the 1987 Act. Originally the claim was made against a UK company, but it should have been against that company’s parent company. When the correct company was … Continue reading OB v Aventis Pasteur SA: HL 11 Jun 2008

Pickstone v Freemans Plc: HL 30 Jun 1988

The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

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

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

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

Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963

LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963

ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010

The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a first application. Held: The applicants still had the benefit of the Directive: ”an application for asylum’ … Continue reading ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010

Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

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

Regina v Budimir and Another: CACD 29 Jun 2010

The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010

Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990

ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions of Community law. Any provision of a national legal system and any legislative, administrative or judicial practice which … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990

Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964

‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail . .’ ECJ 1. In the … Continue reading Flaminio Costa v ENEL (Procedure): ECJ 15 Jul 1964