(1) A Union citizen who resides in a Member State of which he or she is a national is not a beneficiary under Article 3(1) of the Citizen’s Directive. (2) A dual Croatian/British citizen who was residing in the United Kingdom when Croatia joined the EU and who has never exercised EU Treaty rights does … Continue reading Kovacevic (British Citizen – Art 21 TFEU): UTIAC 5 Jul 2018
art218ECJ1410 ECJ Grand Chamber – Opinion – Opinion pursuant to Article 218(11) TFEU – Convention on the civil aspects of international child abduction – Accession of third States – Regulation (EC) No 2201/2003 – Exclusive external competence of the European Union – Risk of undermining the uniform and consistent application of EU rules and the … Continue reading Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014
Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – … Continue reading Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – Article 325(1) TFEU – Obligation to counter illegal activities affecting the financial interests of the European Union – VAT debts of a taxable legal person – National legislation which … Continue reading Direktor Na Direktsia Obzhalvane I Danachno-Osiguritelna Praktika: ECJ 13 Oct 2022
ECJ Failure of a Member State to fulfil obligations – Citizenship of the Union – Right to move and reside freely – Articles 20 TFEU and 21 TFEU – Discrimination on grounds of nationality – Article 18 TFEU – Directive 2004/38/EC – Article 24 – Derogation – Scope – Member State in which reduced fares … Continue reading European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012
Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – … Continue reading Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law … Continue reading Generalstaatsanwaltschaft Berlin (Citizenship of The European Union – Extradition of A Union Citizen To A Third State – Judgment): ECJ 17 Dec 2020
Reference for a preliminary ruling – Freedom of movement for persons – Article 21 TFEU – Principle of non-discrimination on grounds of nationality – Article 18 TFEU – Convention for the avoidance of double taxation – Public sector workers – Pensioner residing in a Member State other than that paying retirement pension and who does … Continue reading Istituto Nazionale Della Previdenza Sociale (Freedom of Movement for Persons – Non-Discrimination On Grounds of Nationality – Avoidance of Double Taxation – Judgment): ECJ 30 Apr 2020
(Information) Appeal – Article 181 of the Rules of Procedure of the Court – Approximation of laws – Manufacture, presentation and sale of tobacco products and related products – Establishment and operation of a system for the traceability of tobacco products – Delegated regulation and implementing acts – Action for annulment – Admissibility – Article … Continue reading ITSA v Commission (Order): ECJ 2 Apr 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 Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations – Restitution of sums paid but not due – Remedies – National legislation – Curtailment of the limitation period for the applicable remedies without notice and retroactively Judges: M Ilesic P Citations: [2013] EUECJ C-362/12, C-362/12, [2014] … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013
ECJ Opinion – Recovery of national taxes which are contrary to European Union law – Limitation period for instituting proceedings – National legislation curtailing the limitation period with retroactive effect and without advance notice Judges: Wathelet AG Citations: C-362/12, [2013] EUECJ C-362/12 Links: Bailii Jurisdiction: European Citing: See Also – Test Claimants In The FII … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 5 Sep 2013
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of movement for persons – Workers – Articles 45 TFEU and 48 TFEU – Old-age benefits – Difference of treatment on the ground of age – Civil servants from a Member State under the age of 45 who leave that Member State … Continue reading Commission v Cyprus: ECJ 21 Jan 2016
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination JustificationsSharpston AG said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories … Continue reading Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 25 Jun 2009
ECJ (Judgment) Action for annulment – Article 290 TFEU – Concepts of ‘amending’ and ‘supplementing’ – Regulation (EU) No 1316/2013 – Article 21(3) – Scope of the power conferred on the European Commission – Need to adopt a separate legislative act – Delegated Regulation (EU) No 275/2014 Citations: [2016] EUECJ C-286/14, ECLI:EU:C:2016:183 Links: Bailii Jurisdiction: … Continue reading Parliament v Commission C-286/14: ECJ 17 Mar 2016
Appeal – Strengthening of restrictive measures against the Islamic Republic of Iran – Sector-specific measures – Admissibility – Commencement of the Joint Comprehensive Plan of Action in the course of proceedings before the General Court of the European Union – Effect on interest in bringing appeal proceedings – Effect on continuation of interest in bringing … Continue reading Bank Mellat v Council (Appeal – Strengthening of Restrictive Measures v The Islamic Republic of Iran – Opinion): ECJ 30 May 2018
ECJ Judgment – Reference for a preliminary ruling – Economic and monetary policy – Decisions of the Governing Council of the European Central Bank (ECB) on a number of technical features regarding the Eurosystem’s outright monetary transactions in secondary sovereign bond markets – Articles 119 TFEU and 127 TFEU – Powers conferred on the ECB … Continue reading Gauweiler And Others v Deutscher Bundestag: ECJ 16 Jun 2015
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
Constitutions Compatibility with EU law ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned – Discretion enjoyed by a national court to refer questions to … Continue reading Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck: ECJ 7 Dec 2011
Opinion – Appeal – Economic and monetary policy – Article 127(6) TFEU – Regulation (EU) No 1024/2013 – Article 4(1)(g) – Prudential supervision of credit institutions on a consolidated basis – Regulation (EU) 468/2014 – Article 2(21)(c) – Regulation (EU) No 575/2013 – Article 10 – Group subject to prudential supervision – Institutions permanently affiliated … Continue reading Credit Mutuel Arkea v ECB: ECJ 18 Jun 2019
Appeal – Economic and monetary policy – Article 127(6) TFEU – Regulation (EU) No 1024/2013 – Article 4(1)(g) – Prudential supervision of credit institutions on a consolidated basis – Regulation (EU ) No 468/2014 – Article 2, point 21, point c) – Regulation (EU) No 575/2013 – Article 10 – Group subject to prudential supervision … Continue reading Credit Mutuel Arkea v ECB: ECJ 22 Oct 2019
ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013
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
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
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 – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with … Continue reading KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
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
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
1. Action for annulment – Acts subject to action – Meaning – Acts producing binding legal effects – Preparatory acts – Exclusion – Regulation imposing a provisional anti-dumping duty – Inadmissibility – Infringement of the right to effective judicial protection – Absence (Art. 263 TFEU; Regulation of the European Parliament and of the Council 2016/1036; … Continue reading Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission (Dumping – Aluminium): ECJ 22 Dec 2021
ACTION for failure to fulfill obligations under Articles 258 and 260(3) TFEU Citations: C-86/18, [2018] EUECJ C-86/18 – CO, ECLI:EU:C:2018:658 Links: Bailii Jurisdiction: European European Updated: 28 April 2022; Ref: scu.621610
Competition – Agreements, decisions and concerted practices – European market for power cables – Decision finding an infringement of Article 101 TFEU – Single and continuous infringement – Proof of the infringement – Duration of participation – Public distancing – Calculation of the fine – Gravity of the infringement – Unlimited jurisdiction Citations: T-448/14, [2018] … Continue reading Hitachi Metals v Commission (Competition – European Market for Power Cables – Judgment) : ECFI 12 Jul 2018
(Judgment) Action for annulment – Decision (EU) 2015/1814 – Determination of the legal basis – Taking into account the effects of the measure – None – Article 192 (1) TFEU – Article 192 (2), first subparagraph, subparagraph ), TFEU – Measures significantly affecting the choice of a Member State between different energy sources and the … Continue reading Poland v Parliament and Council: ECJ 21 Jun 2018
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019
Executors appealed against a decision that a residual gift in a will was not charitable and that it was therefore subject to Inheritance Tax arguing that the section if construed in this way was an unlawful restriction on the free movement of capital. The revenue contended that the gift by a Jersey resident was to … Continue reading Routier and Another v Revenue and Customs: CA 16 Sep 2016
ECJ Judgment – Appeal – Article 81 EC – Agreements, decisions and concerted practices – Spanish market for penetration bitumen – Market sharing and price coordination – Excessive length of the proceedings before the General Court – Article 261 TFEU – Regulation (EC) No 1/2003 – Article 31 – Unlimited jurisdiction – Article 264 TFEU … Continue reading Galp Energia Espana And Others v Commission: ECJ 21 Jan 2016
Judgment – Reference for a preliminary ruling – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Directive 2004/17/EC – Obligation to review prices after the award of the contract – No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive … Continue reading Consorzio Italian Management E Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA: ECJ 19 Apr 2018
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment – Differential treatment based on religion or belief – Professional activities of churches or other organizations whose ethics are based on religion or beliefs beliefs – Religion or belief constituting an essential, legitimate and justified professional … Continue reading Egenberger v Evangelisches Werk fur Diakonie und Entwicklung eV: ECJ 17 Apr 2018
Judgment – Appeal – Institutional law – Citizens’ initiative – Regulation (EU) No 211/2011 – Article 4(2)(b) – Registration of a proposal for a citizens’ initiative – Condition requiring that this proposal not be manifestly outside the framework of the powers of the European Commission under which it can present a proposal for a legal … Continue reading Romania v Commission C-899/19: ECJ 20 Jan 2022
Competition – Opinion – Appeal – Article 263 (4) TFEU – Admissibility – Regulatory act not involving implementing measures – Direct allocation – State aid – Scheme of aid granted by the Italian authorities to non-commercial entities carrying out specific activities in certain areas -Exemption from the municipal tax on immovable property – Decision declaring … Continue reading Scuola Elementare Maria Montessori v Commission: ECJ 11 Apr 2018
Non-Discrimination – Extradition To The United States of America – Judgment – Reference for a preliminary ruling – Citizenship of the Union – Articles 18 and 21 TFEU – Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement – Extradition agreement … Continue reading Pisciotti v Bundesrepublik Deutschland: ECJ 10 Apr 2018
Citizenship of The Union – UK – Return of A Union Citizen To The Member State – Opinion – Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Return of a Union citizen to the Member State of which that citizen is a national after having exercised free movement … Continue reading Secretary of State for the Home Department v Banger: ECJ 10 Apr 2018
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
ECJ (Free Movement of Capital – Judgment) References for a preliminary ruling – Article 63 TFEU – Free movement of capital – Rights of usufruct over agricultural land – National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing … Continue reading Segro KfT v Vas Megyei Kormanyhivatal Sarvari Jarasi Foldhivatala: ECJ 6 Mar 2018
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
ECJ (Judgment) Appeal – Access to documents of the institutions – Article 15 (3) TFEU – Regulation (EC) No 1049/2001 – Application for access to the pleadings lodged by the Republic of Austria in connection with the application Commission v Austria (C-189/09, unpublished, EU: C: 2010: 455) – Documents in the possession of the European … Continue reading Commission v Breyer: ECJ 18 Jul 2017
ECJ (Judgment) Appeal – State aid – Existing aid – Article 108(1) TFEU – Aid schemes in favour of social housing corporations – Regulation (EC) No 659/1999 – Articles 17, 18 and 19 – Assessment by the Commission of the compatibility with the internal market of an existing aid scheme – Proposal of appropriate measures … Continue reading Stichting Woonpunt and Others v Commission: ECJ 15 Mar 2017
ECJ (Judgment) Appeal – State aid – Existing aid – Article 108(1) TFEU – Aid schemes in favour of social housing corporations – Regulation (EC) No 659/1999 – Articles 17, 18 and 19 – Assessment by the Commission of the compatibility with the internal market of an existing aid scheme – Proposal of appropriate measures … Continue reading Stichting Woonlinie and Others v Commission: ECJ 15 Mar 2017
EJ Action for annulment – EU external action – Article 218(9) TFEU – Establishing the position to be adopted on behalf of the European Union in a body set up by an international agreement – International agreement to which the European Union is not a party – International Organisation of Vine and Wine (OIV) – … Continue reading Germany v Council C-399/12: ECJ 7 Oct 2014
ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014
Opinion – Request for a preliminary ruling – Citizenship of the European Union – First paragraph of Article 18 TFEU and Article 21(1) TFEU – Request for the extradition to Russia of a national of one Member State present on the territory of another Member State – Refusal of a Member State to extradite its … Continue reading Petruhhin (Advocate Generals Opinion): ECJ 10 May 2016
ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Prohibition of measures having equivalent effect to quantitative restrictions on exports – Article 35 TFEU – Company established in the Dutch-speaking region of the Kingdom of Belgium – Legislation requiring invoices to be drawn up in Dutch, failing which they are null … Continue reading New Valmar: ECJ 21 Jun 2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016
ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national students – Directive 2004/38/EC – Article 24(2) – Derogation … Continue reading Commission v Netherlands: ECJ 2 Jun 2016
ECJ (Judgment) State aid – Aid for the construction and operation of climbing centers Deutscher Alpenverein eV – Decision declaring the aid compatible with the internal market – Aid system – refined economic analysis – Market failure – Objective legitimate public interest – Article 108, paragraphs 2 and 3, TFEU – serious difficulties ECLI:EU:T:2016:341, [2016] … Continue reading Magic Mountain Kletterhallen And Others v Commission: ECFI 9 Jun 2016
(Judgment) Reference for a preliminary ruling – Social policy – Directive 1999/70 / EC – CES, UNICE and CEEP framework agreement on fixed-term employment – Clause 4 – Principle of non-discrimination – Clause 5 – Measures to prevent abuses resulting from ” use of successive fixed-term employment contracts or relationships – Compensation in the event … Continue reading Baldonedo Martin v Ayuntamiento of Madrid: ECJ 22 Jan 2020
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1, sub i) – Free movement of workers – Equal treatment – Social benefits – Directive 2004/38 / EC – Article 2, point 2 – Regulation (EU) No 492/2011 – Article 7, … Continue reading Caisse Pour L’Avenir Des Enfants (Enfant Du Conjoint D’Un Travailleur Frontalier) v FV: ECJ 2 Apr 2020
(Judgment) References for a preliminary ruling – Free movement of goods – Tax provisions – Internal taxation – Customs duties of a fiscal nature – Charges having equivalent effect – Formalities connected with the crossing of frontiers – Article 30 TFEU – Article 110 TFEU – Directive 92/12/EEC – Article 3(3) – Directive 2008/118/EC – … Continue reading Viamar – Elliniki Aftokiniton kai Genikon Epicheiriseon AE v Elliniko Dimosio: ECJ 17 Dec 2015
ECJ Judgment – Action for annulment – United Nations Convention on the Law of the Sea – International Tribunal for the Law of the Sea – Illegal, unreported and unregulated fishing – Advisory opinion proceedings – Submission by the European Commission of a written statement on behalf of the European Union – No prior approval … Continue reading Council v Commission C-73/14: ECJ 6 Oct 2015
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018
ECJ Judgment – Action for annulment – Implementing enhanced cooperation – Creation of unitary patent protection – Regulation (EU) No 1257/2012 – First paragraph of Article 118 TFEU – Legal basis – Article 291 TFEU – Delegation of powers to bodies outside the European Union – Principles of autonomy and uniform application of EU law … Continue reading Spain v Parliament And Council: ECJ 5 May 2015
Judgment – Action for annulment – Implementing enhanced cooperation – Unitary patent – Regulation (EU) No 1260/2012 – Provisions concerning translation – Principle of non-discrimination – Article 291 TFEU – Delegation of powers to bodies outside the European Union – Second paragraph of Article 118 TFEU – Legal basis – Principle of autonomy of EU … Continue reading Spain v Council: ECJ 5 May 2015
ECJ (Judgment) Action for annulment – Mixed international agreements – Decision authorising the signing of those agreements and providing for their provisional application – Decision of the Council and of the Representatives of the Governments of the Member States meeting within the Council – Autonomy of the EU legal order – Participation of the Member … Continue reading Commission v Council: ECJ 28 Apr 2015
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 3 – Beneficiaries – Family members of the Union citizen – Article 2(2)(a) – Definition of ‘spouse’ – Marriage … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 5 Jun 2018
Citizenship of the Union – Fundamental rights – Freedom of establishment – Principles, objectives and tasks of the Treaties : Application C-673/16, [2017] EUECJ C-673/16 Bailii European Cited by: Request – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 11-Jan-2018 (Opinion) Reference for a preliminary ruling – Citizenship of the Union – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 17 Mar 2017
ECJ Reference for a preliminary ruling – Ambulance services – National legislation reserving ambulance services for public health establishments to be registered voluntary associations fulfilling the legal requirements on a preferential basis – Compatibility with EU law – Public procurement – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Mixed services, covered both … Continue reading ASL N.5 ‘Spezzino’, And Others: ECJ 14 Dec 2011
ECJ Judgment – Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Concept of ‘State aid’ – Housing aid granted prior to the accession of Hungary to the European Union to certain categories of household – Payment of the aid by credit institutions in exchange for a State guarantee – Article … Continue reading OTP Bank Nyrt v Magyar Allam, Magyar Allamkincstar: ECJ 19 Mar 2015
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Articles 20 TFEU and 21 TFEU – National of a Member State – Residence in another Member State – Studies pursued in an overseas country or territory – Maintenance of the grant of funding for higher education – ‘Three-out-of-six-years’ residence … Continue reading Martens v Minister van Onderwijs, Cultuur en Wetenschap: ECJ 26 Feb 2015
(1) An appellant in an Article 8 human rights appeal who argues that there is no public interest in removal because after leaving the UK he or she will be granted entry clearance must, in all cases, address the relevant considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020
ECJ Judgment – Reference for a preliminary ruling – Excise duties – Directives 92/12/EEC and 2008/118/EC – Scope – Mineral oils and energy products – Lubricating oils used for purposes other than as motor fuels or as heating fuels – Not included – Excise duty levied on the consumption of energy products, imposed by a … Continue reading Minister Finansow v Oil Trading Poland: ECJ 12 Feb 2015
ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively expensive’ judicial proceedings L Bay Larsen, acting as P [2013] EUECJ C-260/11, [2013] WLR(D) 136, [2013] 1 WLR 2914, [2013] 3 CMLR 18, … Continue reading Edwards v Environment Agency (No 2): ECJ 11 Apr 2013
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another Member State in order to pursue studies there Restriction on enrolment by non-resident students for university courses in the public health field Justification … Continue reading Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 13 Apr 2010
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
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
ECJ Advocate General’s Opinion – Freedom of movement for workers – Posted workers – Pay claims deriving from an employment relationship – Regulation (EC) No 593/2008 (Rome I Regulation) – Choice of law – Article 8 – Law applicable to individual employment contracts – Article 14 – Assignment of pay claims to a trade union … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Procedures for the award of public service contracts – National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public … Continue reading Bundesdruckerei GmbH v Stadt Dortmundc: ECJ 18 Sep 2014
ECJ (Order Of The Court) (French Text) – Preliminary ruling – Protection of public health – National legislation laying down an obligation to vaccinate minors – Right of parents to refuse vaccination – Article 168 TFEU, Charter of Fundamental Rights of the European Union – Articles 33 and 35 – Implementation implementation of EU law … Continue reading Siroka v Urad verejneho zdravotnictva Slovenskej Republiky: ECJ 17 Jul 2014
ECJ (Advocate General’s Opinion) External relations – EEC-Turkey Association Agreement – Coordination of social security systems – Envisaged decision of the EEC-Turkey Association Council on the basis of the system under Regulation (EC) No 883/2004 – Council Decision 2012/776/EU on the position to be taken by the European Union within the Association Council – Choice … Continue reading United Kingdom v Council: ECJ 17 Jul 2014
ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014
ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Autorita per the following Vigilanza Contratti pubblici di lavori, servizi e forniture – Article 267 TFEU – Meaning of ‘national court or tribunal – Lack of jurisdiction of the Court E. Juhasz (Rapporteur), P … Continue reading Emmeci v Cotral SpA: ECJ 17 Jul 2014
Reference for a preliminary ruling – Competition – Agreements – Article 101, paragraphs 1 and 3, TFEU – Vertical agreements – Restriction ‘by object’ or ‘by effect’ – Exemption – Registration by the distributor of the potential transaction with the end user – Clause conferring to the distributor a ‘priority for the completion of the … Continue reading Visma Enterprise (Judgment): ECJ 18 Nov 2021
Civil service – Staff of the ECB – Evaluation report – Evaluation exercise 2015 – Execution of a judgment of the General Court – Article 266 TFEU – Duty of impartiality – Guide to the evaluation of members of the staff of the ECB – Obvious errors of assessment – Liability T-555/20, [2021] EUECJ T-555/20, … Continue reading QB v ECB (Judgment): ECFI 8 Sep 2021
State aid – Environmental incentive measure adopted by Spain in favor of coal-fired power stations – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective character T-328/18, [2021] EUECJ T-328/18, ECLI:EU:T:2021:548 Bailii European Utilities, Environment Updated: 17 December 2021; Ref: … Continue reading Naturgy Energy Group v Commission (State Aid – Judgment): ECFI 8 Sep 2021
ECJ Judgment – Request for a preliminary ruling – Public procurement – Contracts falling below the threshold provided for in Directive 2004/18/EC – Articles 49 TFEU and 56 TFEU – Principle of proportionality – Conditions for exclusion from a tender procedure – Criteria for qualitative selection relating to the personal situation of the tenderer – … Continue reading Consorzio Stabile Libor Lavori Pubblici v Comune di Milano: ECJ 10 Jul 2014
ECJ Order Of The Court – Preliminary ruling – Article 18 TFEU – Citizenship of the Union – Non-discrimination – Compensation for loss of property abandoned outside the present borders of the Member State – Condition of citizenship – No attachment to the right of the Union – Manifest lack of jurisdiction of the Court … Continue reading Teisseyre And Teisseyre v Minister Skarbu Panstwa: ECJ 19 Jun 2014
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Statement of objections – 2006 Guidelines on the method of setting fines – Value of … Continue reading Tokin v Commission (Competition – Agreements, Decisions and Concerted Practices): ECFI 29 Sep 2021
ECJ Opinion – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Public service contracts – Medical transport services – Award of contracts without call for tenders – Voluntary organisations – Reimbursement of costs Wahl AG C-113/13, [2014] EUECJ C-113/13 – J Bailii Cited by: Opinion – ASL N.5 ‘Spezzino’, And Others ECJ 14-Dec-2011 … Continue reading ASL N.5 ‘Spezzino’ And Others (Advocate General’s Opinion): ECJ 30 Apr 2014
ECJ State aid – Financial sector – Aid intended to remedy a serious disturbance in the economy of a Member State – Article 107(3)(b) TFEU – Decision declaring the aid compatible with the internal market – Conditions for approval of the aid – Acquisition ban – Whether consistent with the Commission communications concerning aid to … Continue reading ABN Amro Group Nv v European Commission: ECJ 8 Apr 2014
ECJ (Advocate General’s Opinion) International Organizations – Procedure for conclusion of an agreement – Determination of positions to be adopted on behalf of the Union in a forum established by an agreement – Resolutions of the International Organization of Vine and Wine (OIV) Article 218 (9) TFEU – Agreements of the Member States – Legal … Continue reading Germany v Council C-399/12: ECJ 29 Apr 2014
ECJ Preliminary ruling – Article 107 TFEU – Meaning of” State aid ‘- National legislation in case of non-payment of tax, a requirement for the taxpayer to pay the concessionaire service recovery, a amount totaling 9% are on the docket as income collection activities – Description factual – Insufficient – Manifest inadmissibility J. L. da … Continue reading Acanfora v Equitalia Sud SpA – Officer riscossione di Latina: ECJ 27 Feb 2014
ECJ Appeal – State aid – Schemes for aid granted in favour of housing corporations – Compatibility decision – Commitments provided by the national authorities in order to comply with European Union law – Fourth paragraph of Article 263 TFEU – Action for annulment – Conditions governing admissibility – Interest in bringing proceedings – Locus … Continue reading Stichting Woonpunt And Others v Commission: ECJ 27 Feb 2014
ECJ Freedom of establishment – Public health – Article 49 TFEU – Pharmacies – Adequate supply of medicinal products to the public – Operating authorisation – Territorial distribution of pharmacies – Establishment of limits essentially based on a demographic criterion – Minimum distance between pharmacies C-367/12, [2014] EUECJ C-367/12 Bailii European Health Professions Updated: 30 … Continue reading Sokoll-Seebacher v Agnes Hemetsberger: ECJ 13 Feb 2014
ECJ Appeal – State aid – Scheme for aid granted in favour of housing corporations – Compatibility decision – Commitments provided by the national authorities in order to comply with European Union law – Fourth paragraph of Article 263 TFEU – Action for annulment – Conditions governing admissibility – Interest in bringing proceedings – Locus … Continue reading Stichting Woonlinie And Others v Commission: ECJ 27 Feb 2014
ECJ Preliminary ruling – Concept of national jurisdiction within the meaning of Article 267 TFEU – Necessario Arbitral Tribunal – Admissibility – Regulation (EC) No 469/2009 – Article 13 – Supplementary protection certificate for medicinal products – Validity of certificate – Maximum Exclusivity Period C-555/13, [2014] EUECJ C-555/13 Bailii European Intellectual Property Updated: 30 November … Continue reading Merck Canada Inc. (Order Of The Court): ECJ 13 Feb 2014