Reference for a preliminary ruling – Article 20(2)(a) TFEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Regulation (EC) No 1206/2001 – Cooperation between the courts of the Member States in the taking . .
Reference for a preliminary ruling – Area of ??freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion and extradition – Right of … Continue reading X v Staatssecretaris Van Justitie En Veiligheid (Eloignement – Cannabis Therapeutique): ECJ 22 Nov 2022
ECJ Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Opinion – Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject … Continue reading SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013
ECJ Review of the judgment in Case T-234/11 P – Action for annulment – Admissibility – Time-limit for bringing proceedings – Time-limit not set by a provision of European Union law – Concept of ‘reasonable period’ – Interpretation – Obligation on the Courts of the European Union to take account of the particular circumstances of … Continue reading Jaramillo v European Investment Bank: ECJ 28 Feb 2013
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
ECJ Reference for a preliminary ruling – Approximation of laws – Public health – Consumer information and protection – Labelling and presentation of foodstuffs – Concepts of ‘nutrition claims’ and ‘health claims’ – Regulation (EC) No 1924/2006 – Description of a wine as ‘easily digestible’ – Reference to reduced acidity levels – Beverages containing more … Continue reading Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of … Continue reading Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020
EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – … Continue reading H and H v EUIPO – Giuliani (Swisse) (Judgment): ECFI 19 Oct 2022
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of Fundamental Rights of the European Union – Right to fair hearing – Right of access to … Continue reading Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012
ECJ (Opinion) Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination based on age – Article 2, paragraph 5 – Article 4, paragraph 1 – Article 6, paragraph 1 – Articles 21 and 28 of the Charter of fundamental rights – Collective agreement providing for the termination of sixty years of … Continue reading Prigge And Others v Deutsche Lufthansa AG: ECJ 19 May 2011
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial. Held: The complaint failed. Insofar as the complaint was restricted to interference with a fair trial, the Directive provided that advice given in the course of proceedings … Continue reading Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007
ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015
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
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010
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
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom of movement – Possible difference in treatment compared with EU citizens who have exercised their right to freedom … Continue reading Dereci and Others (European Citizenship): ECJ 15 Nov 2011
Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to … Continue reading Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017
Reference for a preliminary ruling – Directive 2001/23/EC – Scope – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights -Service contract for the management of a municipal Academy of Music – Cessation of the activity of the first contractor before the end of the current school year and designation of a new … Continue reading Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for refusal to execute – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Rule of law – Article 7 TEU – Reasoned proposal of … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 2018
Citations: C-234/17, [2018] EUECJ C-234/17, [2018] EUECJ C-234/17 – O Links: Bailii, Bailii Jurisdiction: European European Updated: 23 April 2022; Ref: scu.618092
ECJ Non-Contractual Liability – Representation of The European Union – Barring of Actions : Judgment – Non-contractual liability – Representation of the European Union – Barring of actions – Nullification of the legal effects of a decision which has become final – Precision of the application – Admissibility – Article 47 of the Charter of … Continue reading Guardian Europe v European Union: ECFI 7 Jun 2017
Citations: C-217/15, [2017] EUECJ C-217/15 Links: Bailii Jurisdiction: European European Updated: 24 March 2022; Ref: scu.581777
ECJ Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication – Time-limit … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 26 Sep 2013
This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control. Judges: … Continue reading The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021
ECJ (Judgment) Community design – Invalidity proceedings – Registered Community designs representing thermosiphons for radiators – Earlier designs – Plea of unlawfulness – Article 1(d) of Regulation (EC) No 216/96 – Article 41(1) of the Charter of Fundamental Rights – Principle of impartiality – Composition of the Board of Appeal – Ground for invalidity – … Continue reading Antrax It v EUIPO – Vasco Group (Thermosiphons Pour Radiateurs): ECFI 16 Feb 2017
ECJ (Judgment) Non-contractual liability – Clarifying of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Causal link Citations: ECLI:EU:T:2017:105, [2017] EUECJ T-40/15 Links: Bailii Jurisdiction: European Human Rights, … Continue reading ASPLA and Armando Alvarez v European Union: ECFI 17 Feb 2017
(i) There is no hierarchy of weight or importance in the various considerations recited in regulation 21(6) of the EEA Regulations. The weight to be attributed to each factor will vary according to the fact sensitive context of the individual case. (ii) Where it is contended that the decision maker and/or the First-tier Tribunal (FtT) … Continue reading Abdul (Section 55 – Article 24, Charter : Nigeria): UTIAC 13 Jan 2016
(Judgment) European trade mark – Invalidity proceedings – European figurative trade mark wax by Yuli’s – Earlier word mark of the European word association MADWAX and earlier national figurative mark wax – Article 53 (1) (a) of the EC Treaty Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8 (1) (b) of Regulation … Continue reading Gomez Echevarria v EUIPO – M and M Direct (Wax By Yuli’s): ECFI 1 Feb 2017
ECJ Judgment -Non-contractual liability – Accuracy of the application – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Interest on the amount of unpaid fine – Bank guarantee charges – Intangible damage – Causality Citations: ECLI:EU:T:2017:48, [2017] EUECJ T-479/14 Links: Bailii Jurisdiction: European Banking Updated: 29 … Continue reading Kendrion v European Union: ECFI 1 Feb 2017
(Judgment) Non-contractual liability – Article 47 of the Charter of Fundamental Rights – Reasonable time for judgment – Circumstances specific to the case – Issue of the dispute – Complexity of the dispute – Conduct of the parties and the occurrence of procedural incidents – No period of inactivity Unjustified Citations: ECLI:EU:T:2017:47, [2017] EUECJ T-725/14 … Continue reading Aalberts Industries v European Union: ECFI 1 Feb 2017
ECJ (Judgment) Trademark of the European Union – European trademark application NETGURU – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights – Article 75 of Regulation No 207/2009 – Article … Continue reading Netguru v EUIPO (Netguru): ECFI 17 Jan 2017
ECJ (Judgment) Non-contractual liability – Accuracy of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Losses suffered – Interest on the amount of unpaid fine – Loss of chance – Intangible damage – Causal link Citations: T-577/14, [2017] EUECJ T-577/14 … Continue reading Gascogne Sack Deutschland and Gascogne v European Union: ECFI 10 Jan 2017
UTIAC (1) In EU law terms there is no reason why the decision in Zambrano could not in principle be relied upon by the parent, or other primary carer, of a minor EU national living outside the EU as long as it is the intention of the parent, or primary carer, to accompany the EU … Continue reading MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013
ECJ (Judgment Of The Court Of First Instance) Public service contracts – Tender procedure – Provision of translation services into Maltese – Rules relating to the procedure for the submission of tenders – Rejection of a tenderer’s bid – Failure to comply with the rules on submission designed to ensure the confidentiality of the contents … Continue reading Euris Consult v Parliament: ECFI 30 Apr 2014
ECJ Opinion – Electronic communications – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Validity – Article 5(4) TEU – Proportionality of action of the European Union – Charter of Fundamental Rights – Article 7 – Respect for privacy – Article 8 – Protection … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013
ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – … Continue reading European Commission v Guido Strack: ECJ 19 Sep 2013
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed in connection with the provision of such services – Validity – Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union V Skouris, … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014
ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting national rules based on noise levels measured on the ground – Relationship with Directive 2002/49/EC – Convention on International Civil Aviation – Fundamental … Continue reading European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011
pswc_abdidaECJ1409 ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status … Continue reading Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. Citations: [2017] EWCA Civ 1871 Links: Bailii Statutes: European Convention on Human Rights 3, EU Charter of Fundamental Rights, Asylum and … Continue reading HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 23 Nov 2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017
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
ECJ Social Policy – Article 7 of Directive 2003/88/EC and the right to paid annual leave – Article 31 of the EU Charter of Fundamental Rights in horizontal disputes between two private parties – Absence of a facility for the full duration of the employment relationship for exercise of the right to paid annual leave … Continue reading King v The Sash Window Workshop Ltd: ECJ 8 Jun 2017
UTIAC 1) While the Maltese system for the reception, processing and treatment of asylum seekers has certain frailties and shortcomings, these fall measurably short of fundamental failings or near collapse, particularly in circumstances where the consistent trend is one of progressive improvement and fortification. It suffers from no systemic deficiency. 2) The transfer of a … Continue reading Hagos, Regina (on The Application of) v Secretary of State for The Home Department (Dublin Returns – Malta) (IJR): UTIAC 30 Apr 2015
ECJ Opinion – Regulation (EC) No 1083/2006 – Regulation (EC) No 1080/2006 – European Regional Development Fund – Powers of Monitoring Committee for an operational programme aiming at the promotion of European territorial cooperation – Joint programme of two Member States – Division of responsibilities between Monitoring Committee and Managing Authority of the programme – … Continue reading MTU Liivimaa Lihaveis v Eesti-Lati programmi 2007-2013 Seirekomitee: ECJ 13 Mar 2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014
ECJ Advocate General’s Opinion – Equal treatment in employment and occupation – Discrimination on grounds of disability – Whether EU fundamental rights law includes a general prohibition of discrimination in the labour market covering discrimination on grounds of obesity – Scope of application of the EU Charter of Fundamental Rights – Whether obesity can amount … Continue reading Kaltoft v Kommunernes Landsforening (KL), acting on behalf of the Municipality of Billund: ECJ 17 Jul 2014
Transport Transport Social Policy Fundamental Rights – Charter of Fundamental Rights) Reference for a preliminary ruling – Road transport – Driver’s rest periods – Regulation (EC) No 561/2006 – Article 8(6) and (8) – Whether it is possible to take daily rest periods and reduced weekly rest periods away from base and in a vehicle … Continue reading Vaditrans v Belgische Staat: ECJ 20 Dec 2017
The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision. Held: The essence of the grounds for excluding a European Union national from the United Kingdom must be disclosed by virtue of article 47 … Continue reading ZZ v Secretary of State for The Home Department: CA 24 Jan 2014
AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’ Judges: Jackson, Underhill, Burnett LJJ Citations: [2017] EWCA Civ 35, … Continue reading AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of … Continue reading Delta Stroy 2003 (Judicial Cooperation In Criminal Matters – Imposition of A Financial Penalty On A Legal Person for Non-Payment of Tax Debts – Concept of ‘Confiscation’ – Judgment): ECJ 10 Nov 2022
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit … Continue reading Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the Secretary of State to seek out or validate evidence must be exercised sparingly and in a fact-sensitive way, bearing … Continue reading NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the … Continue reading Harman International Industries (Free movement of goods – Place of first marketing of products by the proprietor of the trade mark or with its consent – Judgment): ECJ 17 Nov 2022
Reference for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – … Continue reading Staatssecretaris Van Justitie En Veiligheid (Examen D’Office De La Retention) (Area of Freedom, Security and Justice – Detention of Third-Country Nationals – Opinion): ECJ 21 Jun 2022
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in … Continue reading Alemo-Herron and Others v Parkwood Leisure Ltd: ECJ 19 Feb 2013
ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third parties potentially affected by a cartel – Legislative ban on access without the consent of all parties to public law competition proceedings – … Continue reading Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 Feb 2013
ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of access of broadcasters to such events for the purpose of making short news reports – Limitation of possible compensation for the holder … Continue reading Sky Osterreich Gmbh v Osterreichischer Rundfunk: ECJ 22 Jan 2013
ECJ Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Alleged violation of the right to respect for human dignity – Effective judicial protection – Right of access to a court Judges: T. von Danwitz, P Citations: C-23/12, [2013] EUECJ C-23/12 Links: Bailii … Continue reading Mohamad Zakaria: ECJ 17 Jan 2013
ECJ Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Precondition for entitlement imposed by national rules – Absence of the worker – Length of the leave entitlement based on the nature of the absence – National rules incompatible with Directive 2003/88 – Role of the national court Judges: … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 24 Jan 2012
Reference for a preliminary ruling – Common rules for the internal market in natural gas – Directive 2009/73/EC – Article 3(1) to (3) and Article 41(16) – Public service obligations – Natural gas storage obligations for the purposes of ensuring the security and regularity of supply – National legislation providing that the financial burden of … Continue reading Dzvergas Mrezhi and Balgarska Gazova Asotsiatsia (Common Rules for The Internal Market In Natural Gas – Natural Gas Storage Obligations – Judgment): ECJ 30 Apr 2020
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of … Continue reading HF v Generalstaatsanwaltschaft Munchen: ECJ 28 Oct 2022
ECJ Article 31, paragraph 2, of the Charter – Fundamental social rights – General principles of law – horizontal effect of directives – Article 7 of Directive 2003/88/EC – Working conditions – Working time arrangements – The right to annual leave paid – Birth of entitlement regardless of the nature of the absence of the … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 8 Sep 2011
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct VAT – Refusal – Fraud – Administration of evidence – Principle of respect for the rights of the defense – Law to be heard – Access to file – Article 47 of the … Continue reading Glencore Agriculture Hungary: ECJ 5 Jun 2019
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Fundamental justice – Whether common law rule of jury secrecy and Criminal Code prohibition on disclosure of information about ‘proceedings of the jury’ consistent with principles of fundamental justice – Canadian Charter of Rights and Freedoms, s. 7 – Criminal Code, R.S.C. 1985, … Continue reading Regina v Pan; Regina v Sawyer: 29 Jun 2001
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Orszagos Idegenrendeszeti Foigazgatosag Del-Alfoldi Regionalis Igazgatosag (Opinion): ECJ 23 Apr 2020
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived … Continue reading Nelson Antunes Da Cunha (Judgment): ECJ 30 Apr 2020
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of … Continue reading Tyrolean Airways Tiroler Luftfahrt Gesellschaft v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH,: ECJ 7 Jun 2012
ECJ National administrative procedure – Purely internal situation – Administrative acts – Obligation to state reasons – Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act – Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights … Continue reading Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013
Judges: Lady Justice King Lady Justice Simler And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 70, [2022] IRLR 347, [2022] ICR 818, [2022] WLR(D) 59 Links: Bailii, WLRD Statutes: Working Time Directive 2003/88/EC, Charter of Fundamental Rights of the European Union Jurisdiction: England and Wales Citing: Appeal from – Smith v Pimlico Plumbers Ltd … Continue reading Smith v Pimlico Plumbers Ltd: CA 1 Feb 2022
Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed … Continue reading Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020
Reference for a preliminary ruling – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 15(1) – Detention – Grounds for detention – General criterion based on the risk that the effective enforcement of the removal would be compromised – Risk that the person concerned would commit a criminal offence – Consequences of … Continue reading Politsei-Ja Piirivalveamet: ECJ 6 Oct 2022
(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express … Continue reading Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 2020
Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012
ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member State to exercise the right to assume responsibility for the examination itself under Article 3(2) of Regulation No 343/2003 – Compatibility of the … Continue reading NS v Secretary of State For The Home Department: ECJ 22 Sep 2011
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
ECJ Directive 2000/78/EC – Articles 2(2) and 6(1) – Charter of Fundamental Rights of the European Union – Articles 21 and 28 – Collective agreement on pay for public sector contractual employees of a Member State – Pay determined by reference to age – Collective agreement abolishing the determination of pay by reference to age … Continue reading Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011
ECJ Directive 93/83/EEC – Directive 2006/116/EC, Directive 2001/29/EC – Directive 2005/115/EC – Copyright of the principal director of a film – Allocation of exclusive exploitation rights to the producer Film – Conditions – Article 14bis of the Berne Convention – Article 17 of the Charter of Fundamental Rights of the European Union – Equitable remuneration … Continue reading Luksan v Van Der Let (Intellectual Property) French Text: ECJ 6 Sep 2011
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective … Continue reading Star Storage (Judgment): ECJ 15 Sep 2016
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute Judges: Mengozzi AG Citations: C-316/13, [2014] EUECJ … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He was convicted, and his punishment increased on the prosecutor’s appeal. Held: The complaint failed. Judges: Josep Casadevall, P Citations: 23459/03, [2009] ECHR 1652 Links: Bailii Statutes: European Convention on Human … Continue reading Bayatyan v Armenia: ECHR 27 Oct 2009
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equality and non-discrimination – Implementation of EU law – Scope of application of EU law – None – Lack of jurisdiction of the Court Judges: A Tizzano Citations: C-483/12, [2014] EUECJ C-483/12 Links: Bailii Jurisdiction: European Human … Continue reading Pelckmans Turnhout v Walter Van Gastel Balen NV: ECJ 8 May 2014
ECFI Appeal – Staff case – Officials – Disciplinary measures – Disciplinary proceedings – Revocation with maintained rights to retirement pension – Articles 22a and 22b status – Required accuracy of the appeal – New plea – Effective judicial protection – Article 47 of the Charter of Fundamental Rights – No obligation to take judicial … Continue reading NIJS v Court Of Auditors: ECFI 15 May 2012
ECJ Judgment – Public service – Contract staff – Non-renewal of a fixed-term contract – cancellation Conclusions – Renewal Process – Article 41 paragraph 2 a) of the Charter of Fundamental Rights of the European Union – Right be heard – Failure – compensation Conclusions – pecuniary damage Judges: R. Barents (Rapporteur), P Citations: F-55/14, … Continue reading EE v Commission: ECJ 25 Jun 2015
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
ECJ Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union … Continue reading Iida v Stadt Ulm: ECJ 8 Nov 2012
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading LM v Minister for Justice and Equality: ECJ 25 Jul 2018
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP … Continue reading Kadi v Council and Commission: ECJ 3 Sep 2008
