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 [2013] EUECJ C-282/11, [2013] 2 CMLR 34, [2013] 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 Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States Judges: V Skouris, P Citations: C-370/12, [2012] EUECJ C-370/12, [2012] … Continue reading Pringle v Government of Ireland: ECJ 27 Nov 2012
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
ECJ (Judgment) Competition – Cartels – International air transit services – Decision finding an infringement of Article 101 TFEU – Extra charges and pricing mechanisms that affect the final price – Effect on trade between Member States – Assessment errors – Duration of offense – amount of the fine – Paragraph 13 of the guidelines … Continue reading Kuhne + Nagel International And Others v Commission: ECFI 29 Feb 2016
ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Definition of the market – Effect on trade between Member States – Cooperation – Partial immunity from a fine … Continue reading EGL And Others v Commission (Judgment): ECFI 29 Feb 2016
ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Evidence contained in an application for immunity – Protection of the confidentiality of communications between lawyers and clients – … Continue reading Deutsche Bahn And Others v Commission (Judgment): ECFI 29 Feb 2016
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
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
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Citizenship of the Union – Articles 20 and 21 TFEU – Scope – Automatic loss of nationality of a Member State before the accession of this State to the Union – Manifest lack of jurisdiction of the Court … Continue reading Steiermarkische Landesregierung (Perte De Nationalite Avant L’Adhesion De L’Etat Membre A L’Union) (Order): ECJ 15 Mar 2022
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
ECJ Free movement of capital – Direct taxation – Tax on the ownership of immovable property situated in a Member State – Immovable property belonging to a legal person – Rules governing exemption from the tax which differentiate according to whether a company has its effective seat in a Member State or in a third … Continue reading Prunus (Free Movement Of Capital): ECJ 9 Dec 2010
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 Citations: C-481/12, [2014] EUECJ C-481/12 Links: Bailii Statutes: Article 34 TFEU Jurisdiction: European … Continue reading UAB ‘Juvelta’ v VI ‘Lietuvos prabavimo rumai’: ECJ 16 Jan 2014
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
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
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth Judges: A Tizzano (Rapporteur), P Citations: ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014
Competition – Agreements, decisions and concerted practices – Truck manufacturers market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies and the passing on to customers of … Continue reading Scania and Others v Commission: ECFI 2 Feb 2022
ECJ (Judgment) Reference for a preliminary ruling – Article 143 TFEU – Difficulties in the balance of payments of a Member State – Financial assistance from the European Union – Memorandum of understanding between the European Union and the beneficiary Member State – Social policy – Principle of Equality of treatment – National legislation prohibiting … Continue reading Florescu and Others: ECJ 13 Jun 2017
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 14(1)(a) and 14a(1)(a) – Articles 45 TFEU and 48 TFEU – Temporary work in a Member State other than that in which work is normally carried out – Family benefits – Applicable legislation – Possibility for child benefit to be granted by … Continue reading Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 12 Jun 2012
State failure – Article 49 TFEU – Freedom of establishment – Notaries – Condition of nationality – Article 51 TFEU – Participation in the exercise of public authority Citations: C-575/16, [2018] EUECJ C-575/16, ECLI:EU:C:2018:186 Links: Bailii Jurisdiction: European Legal Professions Updated: 06 February 2022; Ref: scu.606489
Coordination of social security systems – EEA Agreement – Proposal for an amendment – Council decision – Choice of legal basis – Article 48 TFEU – Article 79(2)(b) TFEU Citations: [2013] EUECJ C-431/11 Links: Bailii Jurisdiction: European Citing: Opinion – United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11 … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013
ECJ (Judgment) Appeal – State aid – State aid scheme in favour of the national public broadcast organisation – Public service obligations – Set-off – Article 106(2) TFEU – Decision declaring the aid scheme compatible with the internal market – Alteration of the method of financing – Tax measures – Tax imposed on pay-television operators … Continue reading DTS Distribuidora De Television Digital v Commission: ECJ 10 Nov 2016
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 (Order) Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clauses 3 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Obligation to state the objective reasons – Elimination – Reduction in … Continue reading Vino v Poste Italiane: ECJ 11 Nov 2010
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) (Grand Chamber) Reference for a preliminary ruling – Article 267 TFEU – Article 94 of the Rules of Procedure of the Court – Content of a request for a preliminary ruling – National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for … Continue reading Ognyanov: ECJ 5 Jul 2016
(Judgment) Appeal – State aid – Article 108 (2) TFEU – Investment aid – Operating aid – Airport infrastructure – Public funding granted by the municipalities of Gdynia and Kosakowo for the conversion of the airport of Gdynia-Kosakowo – Decision of the European Commission – Aid incompatible with the internal market – Order to recover … Continue reading Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo: ECJ 11 Mar 2020
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
(Judgment (Extracts)) ACTION brought on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision 2014/488/CFSP of 22 July 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2014 L 217, p. 49), of Council Implementing Regulation (EU) No 793/2014 of 22 July 2014 implementing Regulation (EU) No 36/2012 concerning restrictive … Continue reading HX v Council: ECFI 2 Jun 2016
ECJ (Judgment) Reference for a preliminary ruling – Articles 21 and 45 TFEU – Freedom of movement and of residence of persons and workers – Income tax – Retirement pension – Pensioners’ tax credit – Conditions for granting – Possession of a tax deduction form issued by national authorities C-300/15, [2016] EUECJ C-300/15, ECLI:EU:C:2016:361 Bailii … Continue reading Kohll And Kohll-Schlesser v Directeur de l’administration des contributions directes: ECJ 26 May 2016
ECJ Judgment – Failure of a Member State to fulfil obligations – Taxation – Free movement of capital – Article 63 TFEU – Article 40 of the EEA Agreement – Inheritance tax – Legislation of a Member State providing for an exemption from inheritance tax relating to the primary residence on condition that the heir … Continue reading Commission v Greece: ECJ 26 May 2016
Judgment -Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Urban waste water treatment – Articles 3, 4, 10 and 15 – Annex I, points A, B and D – Lack of urban water collection systems in certain agglomerations – Absence of secondary treatment or equivalent treatment … Continue reading Commission v Cyprus and Epuration Des Eaux Urbaines Residuaires: ECJ 5 Mar 2020
(Order) Reference for a preliminary ruling – Article 53 (2) and Article 94 of the Rules of Procedure of the Court – Competition – Article 101 TFEU – Lack of sufficient details concerning the factual and regulatory context of the main proceedings as well as the reasons justifying the need to an answer to the … Continue reading Boe Aquitaine SELARL v Mercialys SA: ECJ 19 Mar 2020
(Judgment) Failure by a State – Judgment of the Court finding a breach – Non-enforcement – Recovery of illegal aid granted to the hotel sector in Sardinia – Article 260, paragraph 2, TFEU – Financial penalties – Penalty and lump sum C-576/18, [2020] EUECJ C-576/18, Cites as: [2020] EUECJ C-576/18, EU: C: 2020: 202, Bailii … Continue reading Commission v Italy (Aides Illegales Au Secteur Hotelier En Sardaigne): ECJ 12 Mar 2020
(Judgment) Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Games of chance – Taxation – Principle of non-discrimination – Single tax on betting C-788/18, [2020] EUECJ C-788/18 Bailii European European, Licensing, Taxes – Other Updated: 17 January 2022; Ref: scu.654830
ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU and Article 48 TFEU – Charter of Fundamental Rights of the European Union – Article 15(2) – Regulation (EEC) No 1408/71 – Article 67(3) – Social security – Unemployment benefit to supplement income from part-time employment – Award of that benefit – Completion of … Continue reading Office national de l’emploi v M and M: ECJ 7 Apr 2016
ECJ Competition – Agreements, decisions and concerted practices – International air freight forwarding services – Decision finding an infringement of Article 101 TFEU – Price fixing – Surcharges and charging mechanisms affecting the final price – Fines – Proportionality – Gravity of the infringement – Equal treatment – Obligation to state reasons – Settlement – … Continue reading Panalpina World Transport (Holding) And Others v Commission (Judgment): ECFI 29 Feb 2016
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – State resources – Economic activity – Advantage – Effect on trade between Member States and … Continue reading Navarra De Servicios Y Tecnologias v Commission: ECFI 26 Nov 2015
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Article 3(1) – Directive 2004/18/EC – Article 26 – Public procurement – Postal services – Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to … Continue reading Regiopost v Stadt Landau in der Pfalz: ECJ 17 Nov 2015
ECJ Judgment – Failure to fulfill obligations – Free movement of capital – Articles 63 TFEU and 40 of the EEA Agreement – Transfer taxes for free – Disclaimer – Bequests and donations – Difference in treatment – organizations located in another Member State – Lack of agreement bilateral tax C-485/14, [2015] EUECJ C-485/14, ECLI:EU:C:2015 … Continue reading Commission v France: ECJ 16 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Tax legislation – Corporation tax – Holdings for business purposes – Legislation of a Member State exempting capital gains and, by the same token, excluding deduction of capital losses – Transfer by a resident company of shares in … Continue reading X Ab v Skatteverket: ECJ 10 Jun 2015
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 Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less … Continue reading Sogno Di Tolosa And Others v Ministero delle Finanze e dell’Economia etc: ECJ 12 Feb 2015
ECJ Judgment – Action for annulment – Directive 2013/51/Euratom – Choice of legal basis – EAEC Treaty – Articles 31 EA and 32 EA – FEU Treaty – Article 192(1) TFEU – Protecting human health – Radioactive substances in water intended for human consumption – Legal certainty – Sincere cooperation among the institutions R. Silva … Continue reading Parliament v Council: ECJ 12 Feb 2015
ECJ Judgment – State aid – Financial sector – State Guarantee accompanying a bank loan – Aid to remedy a serious disturbance in the economy of a Member State – Article 107, paragraph 3, sub b) TFEU – Decision declaring the aid incompatible with the common market – Guidelines on State aid for rescuing and … Continue reading Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014
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
UTIAC 1. Exclusion decisions are not be confused with exclusion orders.2. It is settled law that the Secretary of State has the power to make an exclusion decision: see R (on the application of Naik) v Secretary of State for the Home Department [2011] EWCA Civ 14 and there is nothing unlawful in such a … Continue reading Campbell (Exclusion; Zambrano) Jamaica: UTIAC 21 Mar 2013
ECJ Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – … Continue reading Commission v Italian Republic and Greece: 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 (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
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 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 – 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
ECJ Transfer of pension rights acquired in a Member State – Articles 45 TFEU and 48 TFEU – National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body – Aggregation … Continue reading Gardella v Istituto Nazionale Della Previdenza Sociale: ECJ 4 Jul 2013
ECJ Opinion – Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive … Continue reading Commission v Italy: ECJ 4 Sep 2014
ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of establishment – Free movement of capital – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – National tax legislation – Attribution of gains to participators in close companies – Different treatment of resident and … Continue reading Commission v United Kingdom: ECJ 13 Nov 2014
Art 50 Notice withrawable unilaterally Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – ConditionsThe Court Ruled: ‘Article 50 TEU must be interpreted as meaning that, … Continue reading Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018
ECJ Advocate General’s Opinion – Freedom of movement for workers – Article 45 TFEU – Discrimination on grounds of nationality – Discrimination on grounds of sex – Directive 2004/38/EC – Article 7(1) and (3) – Definition of ‘worker’ – Right to reside – Union citizen who temporarily gave up work because of the constraints of … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 12 Dec 2013
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
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 is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
The Court of Justice held: ‘that there are very specific situations in which, despite the fact that the secondary law on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his freedom . .
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 – . .
ECJ Opinion – Reference for a preliminary ruling – Regulation (EEC) No 1408/71 – Old-age pension – Calculation of benefits . .
ECJ Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Articles 22, 24 and 30 – National legislation designed to transpose that directive – Applicability to agreements not included in . .
Question referred for a preliminary ruling – Internal market in electricity – Article 35 TFEU – Free movement of goods – Quantitative restrictions on exports – Measures having equivalent effect – Exports of electricity – National measure according . .
ECJ Social security – Child benefit – Articles 14(1)(a) and 14a(1)(a) of Regulation (EEC) No 1408/71 – Temporary work in another Member State – Legislation applicable – Right of a Member State other than the . .
(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 . .
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 Judgment – Appeal – Civil service – Recruitment – Notice of competition EPSO / AD / 231/12 -Not admission to participate in the assessment tests – Obligation to state reasons – Access to documents – Refusal . .
ECJ Judgment – Appeal – European Transport Network – financial aid – Closure – Decision declaring ineligible certain costs and establishing the final tally – Article 263, fourth paragraph TFEU – Action for . .
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 . .
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 . .
