Search Results for: TFEU 56 57

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Commission v Portugal C-557/14: ECJ 22 Jun 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Lump sum payment and penalty payment ECLI:EU:C:2016:471, [2016] EUECJ C-557/14 Bailii TFEU 260(2), Directive 91/271/EEC European, Environment … Continue reading Commission v Portugal C-557/14: ECJ 22 Jun 2016

De Clercq And Others: ECJ 3 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to … Continue reading De Clercq And Others: ECJ 3 Dec 2014

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

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

Routier and Another v Revenue and Customs: SC 16 Oct 2019

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

Danieli and C Officine Meccaniche and Others: ECJ 26 Apr 2018

Accession of New Member States – Croatia – Opinion – Request for a preliminary ruling – Accession of new Member States – Croatia – Transitional measures – Free movement of workers – Articles 56 and 57 TFEU – Freedom to provide services – Directive 96/71/EC – Posting of workers – Scope – Posting of Croatian … Continue reading Danieli and C Officine Meccaniche and Others: ECJ 26 Apr 2018

Consorzio Italian Management E Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA: ECJ 19 Apr 2018

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

Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015

ECJ Reference for a preliminary ruling – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Articles 3, 5 and 6 – Workers of a company with its seat in Member State A, posted to carry out works in Member State B – Minimum wage provided for by the collective agreements of Member State … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015

HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 12 Jul 2012

Freedom To Provide Services – Article 56 TFEU – Restriction on the freedom to provide services – Games of chance – Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level … Continue reading HIT and HIT Larix v Bundesminister fur Finanzen: ECJ 12 Jul 2012

Queisser Pharma: ECJ 19 Jan 2017

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

Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Environment – Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Article 3 (3) – Plans and programs subject to an environmental assessment only when Member States establish Are likely to have significant effects on the environment … Continue reading Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016

Anonymous Geniki Etairia Tsimenton Iraklis (Aget Iraklis) v Ypourgos Ergasias and Others: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 98/59 / EC – approximation of the laws of the Member States relating to collective redundancies – Article 49 TFEU – Freedom of establishment – Charter of Fundamental Rights of the European Union – Article 16 – Freedom of enterprise – National law conferring on … Continue reading Anonymous Geniki Etairia Tsimenton Iraklis (Aget Iraklis) v Ypourgos Ergasias and Others: ECJ 21 Dec 2016

Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social … Continue reading Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016

Ullens De Schooten: ECJ 15 Nov 2016

ECJ (Judgment) Preliminary reference – Fundamental Freedoms – Articles 49, 56 and 63 TFEU – Situation in which all the elements are confined within a Member State – Non-contractual liability of a Member State for damage caused to individuals by breaches of law Union attributable to the national legislature and the national courts ECLI:EU:C:2016:874, [2016] … Continue reading Ullens De Schooten: ECJ 15 Nov 2016

The Football Association Premier League Ltd v Luxton: CA 9 Nov 2016

The defendant pub owner appealed against judgment given for copyright infringement. He had been relaying externally sourced TV of football matches. The images included the claimant’s logo, for which judgment was given. The defendant appealed under European law. Held: The agreements under which the programme rights were distributed did not breach EU law. The appeal … Continue reading The Football Association Premier League Ltd v Luxton: CA 9 Nov 2016

European Commission v French Republic C-515/10: ECJ 1 Dec 2011

ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Directive 1999/31/EC – Decision 2003/33/EC – National legislation – Landfill for inert waste – Acceptance of asbestos-cement waste Environment – Waste – Landfill of waste – Directive 1999/31 – National legislation providing for the treatment of asbestos-cement waste … Continue reading European Commission v French Republic C-515/10: ECJ 1 Dec 2011

Vino v Poste Italiane: ECJ 11 Nov 2010

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

VM Remonts And Others v Konkurences padome and Others: ECJ 21 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Purely internal situation – Application of analogous national rules – Jurisdiction of the Court – Concerted practice – Liability of an undertaking for the acts of a service provider – Conditions T von Danwitz, P C-542/14, [2016] EUECJ C-542/14, [2016] WLR(D) … Continue reading VM Remonts And Others v Konkurences padome and Others: ECJ 21 Jul 2016

Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018

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

X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord: ECJ 17 Dec 2015

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

SAS Cargo Group And Others v Commission: ECFI 16 Dec 2015

ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 … Continue reading SAS Cargo Group And Others v Commission: ECFI 16 Dec 2015

Union des syndicats de l’immobilier v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social: ECJ 17 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Principles of equality and of non-discrimination – Obligation of transparency – Scope of that obligation – National collective agreements – Social protection scheme supplemental to the general scheme – Appointment by the social partners of an insurer responsible … Continue reading Union des syndicats de l’immobilier v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social: ECJ 17 Dec 2015

Concu And Melis: ECJ 12 Feb 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 Concu And Melis: ECJ 12 Feb 2015

Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014

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

Essent Energie Productie v Minister van Sociale Zaken in Werkgelegenheid: ECJ 8 May 2014

ECJ Opinion – Agreement EEC-Turkey Association Agreement – Article 13 of Decision No 1/80 of the Association Council – Article 41 of the Additional Protocol – Articles of ‘standstill’ – Scope – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Posting of workers – Nationals of third States – Requirement of … Continue reading Essent Energie Productie v Minister van Sociale Zaken in Werkgelegenheid: ECJ 8 May 2014

European Commission v Grand Duchy Of Luxembourg, v United Kingdom Of Great Britain And Northern Ireland: ECJ 28 Nov 2013

Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260 TFEU – Pecuniary penalties – Imposition of a penalty payment and a lump sum payment C-576/11, [2013] EUECJ C-576/11 Bailii Directive 91/271/EEC … Continue reading European Commission v Grand Duchy Of Luxembourg, v United Kingdom Of Great Britain And Northern Ireland: ECJ 28 Nov 2013

Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015

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