ECJ 1 The references for a preliminary ruling concern the interpretation of Articles 63 and 65 TFEU concerning the difference in tax treatment between non-resident and resident collective investment undertakings . .
ECJ (Judgment) Reference for a preliminary ruling – Articles 34 TFEU and 36 TFEU – Free movement of goods – National legislation – Prescription-only medicinal products for human use – Sale by pharmacies – Setting of fixed prices – Quantitative restriction on imports – Measure having equivalent effect – Justification – Protection of the health … Continue reading Deutsche Parkinson Vereinigung: ECJ 19 Oct 2016
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification … Continue reading Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015
Judgment – Reference for a preliminary ruling – Articles 34 TFEU and 110 TFEU – Directive 94/62/EC – Articles 1(1), 7 and 15 – Distance selling and transport of alcoholic beverages from another Member State – Excise duty on certain beverage . .
ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Articles 34 to 36 TFEU – Purely domestic situation – Food safety – Regulation (EC) No 178/2002 – Article 6 – Principle of risk analysis – Article 7 – Precautionary principle – Regulation (EC) No 1925/2006 – Member State legislation prohibiting the … Continue reading Queisser Pharma: ECJ 19 Jan 2017
ECJ Judgment – State aid – Digital television – Support for the deployment of digital terrestrial television in remote and less urbanized areas of Castilla-La Mancha – Decision declaring aid incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – Distortion of competition – … Continue reading Spain v Commission T-808/14: ECFI 15 Dec 2016
ECJ (Judgment) Reference for a preliminary ruling – Free movement of capital – Articles 63 to 65 TFEU – EC-Tunisia Association Agreement – Articles 31, 34 and 89 – EC-Lebanon Association Agreement – Articles 31, 33 and 85 – Corporation tax – Dividends received by a company established in the Member State of the beneficiary … Continue reading Secil – Companhia Geral de Cal e Cimento SA v Fazenda Publica: ECJ 24 Nov 2016
ECJ (Judgment) Reference for a preliminary ruling – Directive 2011/64/EU – Article 15(1) – Free determination, by the manufacturers and importers, of the maximum retail selling prices of manufactured tobacco products – National regulation prohibiting the sale of such products by retailers at prices lower than those indicated on the revenue stamp – Free movement … Continue reading Etablissements Fr. Colruyt: ECJ 21 Sep 2016
ECJ (Judgment) Failure of a Member State to fulfil obligations – Free movement of goods – Article 34 TFEU – Quantitative restrictions on imports – Measures having equivalent effect – Precious metals hallmarked in a third country in accordance with Netherlands legislation – Import into the Czech Republic after being put into free circulation – … Continue reading Commission v Czech Republic C-525/14: ECJ 22 Sep 2016
EJ (Judgment) Appeal – Common foreign and security policy (CFSP) – Decision 2009/906/CFSP – European Union Police Mission (EUPM) in Bosnia and Herzegovina – National staff member on secondment – Redeployment in a regional office of that mission – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 … Continue reading H v Council And Others: ECJ 19 Jul 2016
ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Procurement procedure in railway infrastructure sector – Negotiated procedure – Directive 2004/17/EC – Article 10 – Article 51(3) – Principle of equal treatment of tenderers – Group … Continue reading Mt Hojgaard And Zublin v Banedanmark: ECJ 24 May 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,  … Continue reading Magic Mountain Kletterhallen And Others v Commission: ECFI 9 Jun 2016
(Opinion) Reference for a preliminary ruling – Medicines for human use not subject to compulsory medical prescription – Online sale – Advertising for the website of a pharmacy dispensary – Limitations – Obligation to have the patient complete a health questionnaire before the validation of his first order on the website of a pharmacy dispensary … Continue reading AT v Daniel B and Others: ECJ 27 Feb 2020
FTTTx EXCISE DUTY – conditions imposed on WOWGR – first appellant in breach – whether UK legislation under which conditions imposed authorised by EU Directive – whether conditions in breach of TFEU – whether conditions proportionate – ex parte Lumsdon considered – question to be referred to CJEU – appeal dismissed in part  UKFTT … Continue reading Euro Trade and Finance Ltd v Revenue and Customs (Excise Duty Appeals : Other): FTTTx 25 Apr 2016
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market in industrial plastic bags – Action for annulment – Challengeable act – Admissibility – Action for damages – Default interest – Concept of a debt which is certain, of a fixed amount and due – Proportionality – Legal certainty – Principle that penalties must … Continue reading Trioplast Industrier v Commission: ECFI 12 May 2016
(Appeal – Arbitration Clause – Opinion) Appeal – Arbitration clause – Contract staff of EU international missions – Common Foreign and Security Policy – Jurisdiction of the EU Courts – Contractual dispute – Admissibility – Concept of act separable from its contractual context – Partial reclassification of the action – Action for annulment – Contractual … Continue reading SC v Eulex Kosovo: ECJ 5 Mar 2020
(Judgment) Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Extent of harmonised field – Registration of chemical substances with the European Chemicals Agency before placing them on the market – Article 5 – National chemical product register – Notification requirement for registration … Continue reading Canadian Oil Company Sweden And Ranten v Riksaklagaren: ECJ 17 Mar 2016
ECJ Judgment – Freedom to provide services – Article 56 TFEU – Games of chance – Public monopoly on betting on sporting competitions – Prior administrative authorisation – Exclusion of private operators – Collection of bets on behalf of an operator established in another Member State – Criminal penalties – National provision contrary to EU … Continue reading Sebat Ince: ECJ 4 Feb 2016
ECJ Failure of a Member State to fulfil obligations – Article 343 TFEU – Protocol on the privileges and immunities of the European Union – Article 3 – Tax exemptions – Brussels-Capital Region – Contributions in respect of the supply of electricity and gas  EUECJ C-163/14 Bailii Citing: Opinion – Commission v Belgium (Advocate … Continue reading Commission v Belgium: ECJ 14 Jan 2016
ECJ (Judgment) Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 5 – Freedom to provide services – Directive 2006/123/EC – Articles 16 and 17(6) – Article 56 TFEU – Tax consultancy company established in a Member State and providing services in another Member State – Legislation of a … Continue reading X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord: ECJ 17 Dec 2015
ECJ Judgment – Actions for annulment – Regulation (EU) No 1385/2013 – Directive 2013/62/EU – Directive 2013/64/EU – Legal basis – Article 349 TFEU – Outermost regions of the European Union – Amendment of the status of Mayotte with regard to the European Union C-132/14,  EUECJ C-132/14, ECLI:EU:C:2015:813 Bailii Regulation (EU) No 1385/2013, Directive … Continue reading Parliament v Council: ECJ 15 Dec 2015
ECJ Judgment – Reference for a preliminary ruling – Article 267 TFEU – Obligation to bring the matter before the Court of Justice – Approximation of laws – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Variation – Fees – Regulation (EC) No 297/95 – Regulation (EC) No 1234/2008 – … Continue reading Ministero della Salute v Doc Generici Srl: ECJ 1 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Free movement of goods – Articles 34, 35 and 36 TFEU – Measures having equivalent effect – Directive 94/11/EC – Articles 3 and 5 – Exhaustive harmonisation – Bar on impeding the placing on the market of footwear which complies with the labelling requirements of Directive … Continue reading Unic And Uni Co Pel v FS Retail and others: ECJ 16 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – State aid – State guarantee underwriting a loan – Decision 2011/346/EU – Questions concerning validity – Admissibility – Article 107(1) TFEU – Statement of reasons – Effect on trade between Member States – Article 107(3)(b) TFEU – Serious disturbance in the economy of a Member State … Continue reading Estado portugues v Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues: ECJ 5 Mar 2015
ECJ Judgment – Appeals – Article 340, first paragraph, TFEU – Contractual liability of the European Union – Article 272 TFEU – Arbitration clause – Sixth framework programme for research, technological development and demonstration activities – Contracts relating to the Ontogov, FIT and RACWeb projects – Eligible costs and amounts advanced by the Commission – … Continue reading Planet v Commission: 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 Article 48 TFEU – Social security for migrant workers – Regulation (EEC) No 1408/71 and (EC) No 883/2004 – Old-age and survivor’s insurance – Special provisions for the application of national legislation relating to old-age pensions – Calculation of benefits A. Tizzano (Rapporteur), P  EUECJ C-282/11,  2 CMLR 34,  WLR(D) 80, … Continue reading Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social: ECJ 21 Feb 2013
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark cat and clean – Spanish earlier word mark CLEAN CAT – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No – 207/2009 – Obstacles to the free movement of goods – Article … Continue reading Schwerdt v OHMI – Iberamigo (Cat&Clean): ECFI 21 Jan 2015
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  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 Judgment – Reference for a preliminary ruling – Freedom of establishment – Freedom of movement for workers – Non-discrimination – Article 346(1)(b) TFEU – Protection of a Member State’s essential security interests – Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading … Continue reading Schiebel Aircraft v Bundesminister fur Wirtschaft, Familie und Jugend: ECJ 4 Sep 2014
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Article 5 – Quality of the interpretation and translation – Directive 2012/13/EU – Right to information in criminal proceedings – Article 4(5) and Article 6(1) – Right to information about the accusation – Right to interpretation and translation – Directive … Continue reading IS (Illegalite De L’Ordonnance De Renvoi) (Judgment): ECJ 23 Nov 2021
ECJ Grand Chamber – Transfer of a company’s place of effective management to a Member State other than that in which it is incorporated – Freedom of establishment – Article 49 TFEU – Taxation of unrealised capital gains relating to the assets of a company transferring its place of management between Member States – Determination … Continue reading National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam: ECJ 29 Nov 2011
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014
ECJ Opinion – Action for annulment – Regulation (EU) No 492/2011 – Implementing Decision of the Commission – Exceeding the powers of the Commission – Interpretation of Articles 290 and 291 TFEU – Implementing acts – EURES Network – Accuracy of the normative content a legislative act Cruz Villalon AG C-65/13,  EUECJ C-65/13 – … Continue reading Parliament v Commission: ECJ 10 Jul 2014
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
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
Failure to fulfill obligations – Articles 34 TFEU and 36 TFEU – Measures having equivalent effect to quantitative restrictions on imports – complementary private goods transport – the first vehicle of the fleet of a company – Rules for licensure road transport – Road safety and environmental protection C-428/12,  EUECJ C-428/12 Bailii European Updated: … Continue reading Commission v Spain: ECJ 3 Apr 2014
ECJ Failure of a Member State to fulfil obligations – Registration of motor vehicles – Articles 34 TFEU and 36 TFEU – Directive 70/311/EEC – Directive 2007/46/EC – Driving on the right in a Member State – Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles … Continue reading Commission v Poland: ECJ 20 Mar 2014
ECJ Free movement of goods – Article 34 TFEU – Quantitative restrictions on imports – Measures having equivalent effect – Marketing of articles made of precious metals – Hallmark – Requirements laid down in the legislation of the Member State of import C-481/12,  EUECJ C-481/12 Bailii Article 34 TFEU European Updated: 28 November 2021; … Continue reading UAB ‘Juvelta’ v VI ‘Lietuvos prabavimo rumai’: ECJ 16 Jan 2014
ECJ Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Rules governing the system of property ownership – Article 345 TFEU – Electricity and gas distribution system operators – Prohibition of privatisation – Prohibition of links with undertakings which generate/produce, supply or trade electricity or gas – Prohibition of … Continue reading Staat Der Nederlanden v Essent Nv: ECJ 22 Oct 2013
ECJ Third paragraph of Article 267 TFEU – Scope of the obligation on courts of final instance to make a reference for a preliminary ruling – Article 101 TFEU – Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession L. Bay … Continue reading Consiglio Nazionale Dei Geologi v Autorita Garante Della Concorrenza E Del Mercato: ECJ 18 Jul 2013
Interim proceedings – Article 279 TFEU – Request for interim measures – Article 19, paragraph 1, second subparagraph, TEU – Independence of the Izba Dyscyplinarna (disciplinary chamber) of the Sad Najwyzszy (Supreme Court, Poland) – Charter of fundamental rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – … Continue reading Commission v Poland (Order): ECJ 14 Jul 2021
ECJ (Advocate General’s Opinion) (Freedom To Provide Services) Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal protection of services based on conditional access – Illicit access device – Directive 2001/29/EC – Harmonisation of certain aspects of … Continue reading Football Association Premier League and Others v QC Leisure and Others; Murphy v Media Protection Services Ltd: ECJ 3 Feb 2011
ECJ Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in disregard of … Continue reading Football Association Premier League and Others v QC Leisure and Others etc: ECJ 4 Oct 2011
ECJ (Opinion) Action for failure to fulfil obligations – Directive 92/12/EEC – Articles 8 and 9 – Products subject to excise duty – Tobacco products acquired in one Member State and transported to another – Criteria for determining the limits applicable to the transport of products subject to excise duty – Free movement of goods … Continue reading European Commission v French Republic: ECJ 19 Dec 2012
bolloreecfi2012 ECFI Competition – Cartels – Carbonless paper – Pricing – Decision finding an infringement of Article 101 TFEU – Decision taken following the cancellation of a first decision – Allocation of the offense to the parent, taken as the author directly – Legality of criminal offenses and penalties – Legal – Personality sentences – … Continue reading Bollore v Commission: ECFI 27 Jun 2012
NIIT_subscribe_ECFI1407 ECFI Judgment – Community trade mark – Application for Community word mark SUBSCRIBE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Equal treatment – Article 56 TFEU MD Gratsias (Rapporteur), P T-404/13,  EUECJ T-404/13, ECLI: EU: T: 2014 645 … Continue reading NIIT Insurance Technologies v OHIM (Subscribe): ECFI 14 Jul 2014
ECJ (Judgment) Failure of a Member State to fulfil obligations – Article 4(3) TEU – Article 288 TFEU – Directive 2000/60/EC – EU water policy – Article 4(1) – Prevention of deterioration of the status of bodies of surface water – Article 4(7) – Derogation from the prohibition of deterioration – Overriding public interest – … Continue reading Commission v Austria: ECJ 4 May 2016
UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano  EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015
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
sanofis-aventis_davECJ072013 ECJ Grand Chamber – Common commercial policy – Article 207 TFEU – Commercial aspects of intellectual property – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) – Article 27 – Patentable subject-matter – Article 70 – Protection of existing subject-matter V Skouris, P, P Cruz Villalon AG C-414/11,  EUECJ C-414/11 Bailii European, … Continue reading Sanofi-Aventis Deutschland Gmbh v Demo Anonimos Viomikhaniki Kai Emporiki Etairia Farmakon: ECJ 18 Jul 2013
ECJ Judgment – Grand Chamber – Reference for a preliminary ruling – National support scheme providing for the award of tradable green certificates for installations producing electricity from renewable energy sources – Obligation for electricity suppliers and certain users to surrender annually to the competent authority a certain number of green certificates – Refusal to … Continue reading Alands Vindkraft v Energimyndigheten: ECJ 1 Jul 2014
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice cream contravened articles 81 and 82. On 28 May 1992 the High Court dismissed the … Continue reading Masterfoods Ltd v HB Ice Cream Ltd: ECJ 14 Dec 2000
Failure to Publish Contracts awards details Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under emergency conditions and provisions, but there remained a requirement that … Continue reading Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021
European Stability Mechanism – Constitutional? ECJ (Judgment) Appeals – Stability support programme for the Republic of Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) – Duties of the European Commission and the European Central Bank – Non-contractual … Continue reading Ledra Advertising v Commission and ECB: ECJ 20 Sep 2016
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
ciroen_fvvECJ0713 ECJ Article 56 TFEU – Freedom to provide services – Directive 2005/29/EC – Unfair commercial practices – Consumer protection – Combined offers involving at least one financial service – Prohibition – Exceptions) A. Tizzano, P C-265/12,  EUECJ C-265/12 Bailii Directive 2005/29/EC European, Consumer Updated: 01 November 2021; Ref: scu.513402
Failure by a State to fulfill obligations – Article 258 TFEU – Directive 2003/96 / EC – Taxation of energy products and electricity – Article 14, paragraph 1, point c) – Exemption of energy products used as fuel or fuel for navigation in of European Union waters – Exemption granted only to private pleasure craft … Continue reading Commission v Italy (Droits D’Accise – Carburant Des Bateaux De Plaisance) (Judgment): ECJ 16 Sep 2021
ECJ Judgment – Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Sugar – Reimbursement of storage costs – Regulation (EEC) No 1998/78 – Article 14(3) – Regulation (EEC) No . .
This appeal raises a number of important points of principle concerning the obligation upon the owner of a patent which protects a technology which its owner has declared to be essential to the implementation of one or more of the telecommunications . .
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
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 . .
Extra Division, Inner House – Further application for leave to intervene. . .
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .
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 . .
The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the . .
(Opinion) Appeal – Action for damages – Restrictive measures taken against Iran – Article 29 TEU – Article 215 TFEU – Jurisdiction of the Court to hear an action seeking compensation – Compensation for the damage allegedly suffered by the applicant . .
ECJ (Judgment) Reference for a preliminary ruling – Article 191(2) TFEU – Directive 2004/35/EC – Environmental liability – National legislation under which no provision is made for the administrative authorities . .
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
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 . .
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 – . .
ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal . .
ECJ Competition – Regulation (EC) No 1/2003 – Finding of inapplicability – Procedural autonomy of the Member States – Whether national competition authorities have the power to take a decision stating that . .
ECJ (European Citizenship) Citizenship of the Union – Right of Union citizens to move and reside freely within the territory of the Member States – Dual nationality – Article 21 TFEU – Directive 2004/38/EC – . .
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
ECJ Failure of a Member State to fulfil obligations – Protocol (No 7) on the Privileges and Immunities of the European Union – Article 3 – Fiscal immunity of the Union – Exemption – Regional gas and electricity . .
ECJ Citizenship of the Union – Article 20 TFEU – Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement – Fundamental rights . .
(Law Governing The Institutions) Under section 111 of the Rules of Procedure, where the Court manifestly lacks jurisdiction to entertain an appeal, he may, without further proceedings, give its decision by reasoned order.
In this case, the . .
ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Insolvency proceedings – Regulation (EC) No 1346/2000 -Article 4(1) – Determination of the applicable law – Legislation . .
ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves . .
ECJ (Judgment) Appeal – Resource conservation measures and restructuring of the fisheries sector – Requests for increased safety tonnage – Annulment by the European Union judicature of the decision initially . .
Freedom of Establishment – Freedom To Provide Services Internal Market – Principles Approximation of Laws Consumer protection – Reference for a preliminary ruling – Article 56 TFEU – Article 58(1) TFEU – Services in the field of transport – . .
ECJ Appeal – Non-contractual liability of the European Union – Action for damages – Commission decision to initiate a formal investigation procedure – Prejudicial statements – Appeal in part manifestly . .
(Judgment) Appeal – Transport – Directive 2010/40 / EU – Deployment of intelligent transport systems in road transport – Article 7 – Delegation of authority to the European Commission – Limits – Delegated regulation (EU) No 885/2013 Provision of . .
ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Medicinal products for human use – Directive 2004/18/EC – Article 2 and Article 23(2) and (8) – Articles 34 and 36 TFEU – Public contract . .
ECJ (Judgment) Reference for a preliminary ruling – Promotion of energy from renewable sources – Biofuels used for transport – Directive 2009/28/EC – Article 18(1) – ‘Mass balance’ system to ensure that biogas . .
ECJ Judgment – Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Application of analogous national legislation – Jurisdiction of the Court – Concept of ‘agreement having as its object the . .
A prohibited restriction on exports involved a national measure having discriminatory effect: ‘provision [i.e. Article 29 EC; now Article 35 TFEU] concerns the national measures which have as their specific object or effect the restriction of . .