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
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods. Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Obstacles to trade resulting from disparities between national legislation laying down … Continue reading Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment): ECJ 24 Nov 1993
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
ECJ Procedure – action brought before the court under an arbitration clause -jurisdiction to hear and determine a counterclaim – basis – conditions (ECSC treaty, art. 42; EEC treaty, art. 181; EAEC treaty, art. 153). Although under an arbitration clause the court is called upon to resolve a dispute in accordance with the national law … Continue reading Commission of the European Communities v Jan Zoubek: ECJ 18 Dec 1986
ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019
The taxpayer had converted a former residentional boarding school into a substantial private residence. He had sought to claim over andpound;300,000 VAT inputs. The Commissioners appealed the finding that he was so entitled. Held: ‘works constitute a residential conversion to the. extent only that they consist in the conversion of a non-residential (part of a) … Continue reading Revenue and Customs v Jacobs: CA 22 Jul 2005
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
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
Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Type-approval by a public body of radio equipment which it has not supplied – Possibility of challenging the decision before the courts – Permissible (EEC Treaty, Art. 30)State monopolies of a commercial nature – Prohibition of marketing radio equipment not granted … Continue reading Procureur du Roi v Lagauche and others (Judgment): ECJ 27 Oct 1993
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
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
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
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
The wording in the directive regarding the ‘traditional practice of bathing by large numbers’ is precise, and the UK must implement it. Europa 1. Acts of the institutions – Directives – Implementation by the Member States – Information given to the Commission concerning planned measures – Obligation of the Commission to react within a specific … Continue reading Commission of the European Community v United Kingdom: ECJ 24 Aug 1993
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
Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Measures adopted by a professional body for pharmacy (EEC Treaty, Art. 30) 2. Free movement of goods – Derogations – Protection of public health -Rules prohibiting pharmacists from substituting a therapeutically equivalent medicinal product for that prescribed by the … Continue reading Regina v Royal Pharmaceutical Society of Great Britain, Ex Parte Association of Pharmaceutical Importers: ECJ 18 May 1989
Europa Free movement of goods – quantitative restrictions – measures having equivalent effect – legislation requiring an indication of origin on certain products – prohibited – consumer protection – not a permissible ground of justification (EEC treaty, art. 30) national legislation prohibiting the retail sale of certain products imported from other member states unless they … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 25 Apr 1985
Free movement of goods – quantitative restrictions – measures having equivalent effect – prohibition on the sale of silver-plated articles not bearing a lawful hallmark – application to similar articles imported from other member states – permissibility – conditions – assessment by the national court (eec treaty , art. 30) article 30 of the treaty … Continue reading Robertson (Judgment): ECJ 22 Jun 1982
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
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
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977
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
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
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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
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
