ECJ (Order) The applicant bases its application on the claim that, even if in the main action the court were to annul the refusal of the commission to grant to the federal republic of germany an import quota for clementines for 1962 at the rate of 10% instead of the normal rate of 13%, this … Continue reading Plaumann v Commission EEC (Order): ECJ 31 Aug 1962
Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the application, seeking to crystallise PMS, would be able to overcome any … Continue reading Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005
ECJ Vinous alcohol – Special sale by tender. Application for interim measures – Interim measures – Conditions for granting – Serious and irreparable damage – Financial damage – Damage which cannot be wholly recouped – Weighing up of all the interests in question (EEC Treaty, Art. 186; Rules of Procedure, Art. 83(2)) The urgency of … Continue reading Compagnia Italiana Alcool Sas di Mario Mariano and Co v Commission of the European Communities: ECJ 19 Dec 1990
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
ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003
Europa Measures adopted by an institution – regulation – concept (EEC treaty, article 189). A measure which is applicable to objectively determined situations and which involves legal consequences for categories of persons viewed in a general and abstract manner constitutes a regulation. Cf. Paragraph 3, summary, joined cases 16 and 17/62, (1962) ECR 471. A … Continue reading Zuckerfabrik Watenstedt GmbH v Council of the European Communities (Judgment): ECJ 11 Jul 1968
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
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
ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon … Continue reading Nippon Seiko KK v Council of The European Communities: ECJ 17 Dec 1984
Europa 1. Policy of the EEC – common rules – tax provisions – taxation – taxation forming part of a general tax applying without distinction to domestic and imported products – nature of internal taxation (EEC treaty, article 95) 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by … Continue reading Firma August Stier v Hauptzollamt Hamburg-Ericus (Judgment): ECJ 4 Apr 1968
Europa 1. EEC officials – privileges and immunities – exemption from national taxes and levying of a community tax – complementary nature of the provisions relating thereto – scope of the exemption from national taxes (protocol on privileges and immunities of the EEC, article 12) 2. EEC officials – privileges and immunities – charge or … Continue reading I G F Van Leeuwen v City of Rotterdam (Judgment): ECJ 8 Feb 1968
Europa 1. Policy of the EEC – common rules – tax provisions – cumulative multi-stage tax – average rates for imported products or groups of imported products within the meaning of the first paragraph of article 97 – no individual rights 2. Policy of the EEC – common rules – tax provisions – taxation imposed … Continue reading Firma Gebruder Luck v Hauptzollamt Koln-Rheinau (Judgment): ECJ 4 Apr 1968
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative power to enter into treaties without parliamentary approval. … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
A plaintiff can allege misfeasance in public office against a body such as a local authority or a government ministry. The tort was well establshed. . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
