Category: European

Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH: ECJ 19 Jan 1993

ECJ Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction in proceedings concerning contracts concluded by consumers – Concept of ‘consumer’ – Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual – Excluded (Convention of 27 September 1968, Art. 13, first para., and Art. 14, as amended by the 1978 Accession Convention)
The special system established by Article 13 et seq. of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is inspired by the concern to protect the consumer, as the party deemed to be economically weaker and less experienced in legal matters than the other party to the contract, so that the consumer must not be discouraged from suing by being compelled to bring his action before the courts in the Contracting State in which the other party to the contract is domiciled. Those provisions affect only a private final consumer, not engaged in trade or professional activities, who is bound by one of the contracts listed in Article 13 and who is a party to the action, in accordance with Article 14. It follows that Article 13 of the Convention is to be interpreted as meaning that a plaintiff who is acting in pursuance of his trade or professional activity, and who is not, therefore, himself a consumer party to one of the contracts listed in the first paragraph of that provision, may not enjoy the benefit of the rules of special jurisdiction laid down by the Convention concerning consumer contracts.

Citations:

C-89/91, [1993] EUECJ C-89/91, [1993] ECR 1-139

Links:

Bailii

Statutes:

Lugano Convention

Jurisdiction:

European

Cited by:

Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 10 July 2022; Ref: scu.160677

Sandisk Corporation v Koninklijke Philips Electronics Nv and others: ChD 27 Feb 2007

The claimant sought damages for an alleged abuse of dominant market position by the defendants in its patent licensing. The defendant denied that the court had jurisdiction.
Held: An English court would have jurisdiction in such a case ony if the originating acts occurred here, of the damages substantially happened here.

Judges:

Pumfrey J

Citations:

[2007] EWHC 332 (Ch), Times 27-Feb-2007

Links:

Bailii

Statutes:

EC Treaty 81 82

Jurisdiction:

England and Wales

Intellectual Property, Litigation Practice, Jurisdiction, European

Updated: 09 July 2022; Ref: scu.249239

Halsey (HM Inspector of Taxes) v Marks and Spencer Plc: CA 20 Feb 2007

The inspector appealed against a decision granting group relief to the taxpayer a UK resident company for losses by a group company in another European state.
Held: The appeal was denied. To refuse group relief in these circumstances would be in breach of European law.

Judges:

Chadwick LJ, Tuckey LJ, Jacob LJ

Citations:

[2007] EWCA Civ 117, Times 22-Feb-2007, [2008] STC 526

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At ECJ – Marks and Spencer v David Halsey (Inspector of Taxes) ECJ 13-Dec-2005
ECJ Articles 43 EC and 48 EC – Corporation tax – Groups of companies – Tax relief – Profits of parent companies – Deduction of losses incurred by a resident subsidiary- Allowed – Deduction of losses incurred in . .
See Also – Marks and Spencer Plc v Halsey (Inspector of Taxes) 2003
Marks and Spencer Plc appealed against the refusal of group relief, on the ground that the statutory limitations on the territorial scope of group relief were incompatible with, and overridden by, Community law. The Special Commissioners dismissed . .
Appeal from – Marks and Spencer plc v Halsey (Inspector of Taxes) ChD 10-Apr-2006
The court considered the implementation of the ECJ decision between the parties.
Held: The matter was to be remitted to the Special Commissioners. The ‘no possibilities’ test referred to in the ECJ’s judgment required an analysis of the . .
See Also – Marks and Spencer Plc v Halsey (HM Inspector of Taxes) ChD 2-May-2003
Order requiring reference to ECJ. . .
See Also – Marks and Spencer Plc v Halsey (HM Inspector of Taxes) ChD 10-Apr-2006
Preliminary judgment. . .

Cited by:

See Also – HM Revenue and Customs v Marks and Spencer Plc CA 14-Oct-2011
The taxpayers claimed relief for losses incurred within their European subsidiaries. The claim having been referred to the ECJ, Moses LJ summarised the issues outstanding: ‘(i) Is the test that the ECJ established to identify those circumstances in . .
See Also – Revenue and Customs v Marks and Spencer Plc SC 22-May-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 . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 09 July 2022; Ref: scu.248920

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007

A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement.
Held: English authority and European thought differed, and the matter should be referred to the European Court of Justice. The rule preventing such orders as regards full court proceedings did not apply, since the seat of arbitration was a matter of choice by the parties. These proceedings were to protect the contractual right to have the dispute determined by arbitration, and fell outside the Regulation and cannot be inconsistent with its provisions. An arbitration agreement lies outside the system of allocation of court jurisdictions which the Regulation creates: ‘the most important consideration is the practical reality of arbitration as a method of resolving commercial disputes. People engaged in commerce choose arbitration in order to be outside the procedures of any national court. They frequently prefer the privacy, informality and absence of any prolongation of the dispute by appeal which arbitration offers. Nor is it only a matter of procedure. The choice of arbitration may affect the substantive rights of the parties, giving the arbitrators the right to act as amiables compositeurs, apply broad equitable considerations, even a lex mercatoria which does not wholly reflect any national system of law. The principle of autonomy of the parties should allow them these choices. ‘ The ability to make such an order was itself an advantage of arbitration.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Mance

Citations:

[2007] UKHL 4, [2007] ILPr 20, [2007] 1 Lloyd’s Rep 391, [2007] 1 All ER (Comm) 794, (2007) 23 Const LJ 458, [2007] ArbLR 61

Links:

Bailii, HL

Statutes:

EC Regulation 44/2001, Lugano Convention

Jurisdiction:

England and Wales

Citing:

Appeal from – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’) ComC 21-Mar-2005
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. . .
Cited – Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Company Ltd CA 2-Dec-2004
. .
Cited – Aggeliki Charis Compania Maritima SA v Pagnan SpA The Angelic Grace QBD 1994
The court considered whether a claim for a collision between two ships was governed by an arbitration clause which read ‘all disputes from time to time arising out of this contract shall . . be referred to the arbitrament of two arbitrators carrying . .
Cited – Turner v Grovit ECJ 27-Apr-2004
The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The . .
Cited – Van Uden Maritime v Kommanditgesellschaft in Firma Deco-Line and others (Judgment) ECJ 17-Nov-1998
Applications under the Brussels Convention for Interim Measures were capable of being heard by courts notwithstanding a clause referring disputes under the contract in issue exclusively to arbitration. Even in the case of Article 24 of the Brussels . .
Cited – Pena Copper Mines Ltd v Rio Tinto Co Ltd 1911
The court exercised its jurisdiction to make an order restraining the commencement of proceedings abroad. . .
Cited – Erich Gasser GmbH v MISAT Srl ECJ 9-Dec-2003
The claimant Austrian company had for many years sold goods to the defendant an Italian company. Eventually it presented a claim before the court in Italy. Having obtained judgement, it later sought to enforce the order through the Austrian court . .

Cited by:

Cited – Sheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: . .
See Also – West Tankers Inc v Ras Riunione Adriatica Sicurta Spa and Another ComC 2-Oct-2007
. .
At House of Lords – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’) ECJ 10-Feb-2009
ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order . .
At House of Lords – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’) ECJ 4-Sep-2008
Europa (Opinion) Regulation (EC) No 44/2001 Scope Arbitration Order restraining a person from commencing or continuing proceedings before the national courts of another Member State instead of before an arbitral . .
Cited – UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp SC 12-Jun-2013
Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme . .
Cited – Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others CA 20-Dec-2012
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners . .
Lists of cited by and citing cases may be incomplete.

Arbitration, European, Litigation Practice

Updated: 09 July 2022; Ref: scu.248962

Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court: ECJ 8 Feb 2007

ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept of waste Waste water which escapes from a collecting system.

Citations:

C-252/05, [2007] EUECJ C-252/05, [2007] 1 WLR 1945, [2007] 3 CMLR 2, [2007] 20 EG 295

Links:

Bailii

Statutes:

Directive 75/442, Directive 91/271

Cited by:

Cited – Thames Water Utilities Ltd v Bromley Magistrates’ Court Admn 20-Mar-2013
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 09 July 2022; Ref: scu.248906

Calo v Commission: ECFI 7 Feb 2007

ECJ Staff Regulations – Reallocation Officials of a senior adviser as director Interests of the service Equivalence of posts Reorganisation of Eurostat Appointment to the post of Director Vacancy Obligation motivation Assessment of the candidates’ merits Action for annulment Action for damages

Citations:

T-134/04, [2007] EUECJ T-134/04

Links:

Bailii

European

Updated: 09 July 2022; Ref: scu.248878

Regina v Secretary of State for Transport ex parte Factortame Ltd: HL 26 Jul 1990

(Interim Relief Order)

Citations:

[1990] UKHL 7, [1990] 2 LLR 365, [1990] 2 Lloyd’s Rep 365

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .

Cited by:

See Also – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
See Also – Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5) HL 28-Oct-1999
A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that . .
Lists of cited by and citing cases may be incomplete.

European, Constitutional

Updated: 09 July 2022; Ref: scu.248738

Robins and Others v Secretary of State for Work and Pensions: ECJ 25 Jan 2007

ECJ Free movement of persons – Protection of employees in the event of the employer’s insolvency – Directive 80/987/EEC Transposition Article 8 Supplementary company or inter-company pension schemes – Old-age benefits – Protection of rights conferring immediate entitlement Extent of protection Liability of a Member State by reason of the incorrect transposition of a directive Conditions.

Judges:

CWA Timmermans, P

Citations:

[2007] ICR 779, [2007] IRLR 270, [2007] ECR I-1053, C-278/05, [2007] EUECJ C-278/05, [2006] EUECJ C-278/05, [2007] 2 CMLR 269, [2007] All ER (EC) 648, [2007] Pens LR 55

Links:

Bailii, Bailii

Statutes:

Directive 80/987/EEC

Cited by:

Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 09 July 2022; Ref: scu.248869

Aklagaren v Percy, Mickelsson v Joakim Roos: ECJ 14 Dec 2006

ECJ Opinion – Approximation of laws – Recreational craft – Rules on the use of personal watercraft – Directive 94/25/EC – Article 28 EC – Measure having equivalent effect.

Judges:

Knott AG

Citations:

C-142/05, [2006] EUECJ C-142/05

Links:

Bailii

Statutes:

Directive 94/25/EC 28

Cited by:

See Also – Aklagaren v Percy, Mickelsson v Joakim Roos ECJ 4-Jun-2009
ECJ Directive 94/25/EC – Approximation of laws – Recreational craft – Prohibition of using personal watercraft on waters other than general navigable waterways – Articles 28 EC and 30 EC Measures having . .
Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 09 July 2022; Ref: scu.248076

Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL): ECJ 15 Jun 2006

ECJ Opinion – Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of ‘public works contract’ and ‘work’ – Method of calculation of the value of the contract.

Judges:

Kokott AG

Citations:

C-220/05, [2006] EUECJ C-220/05

Links:

Bailii

Statutes:

Directive 93/37/EEC

Cited by:

Opinion – Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL) ECJ 18-Jan-2007
ECJ Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of ‘public works . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 July 2022; Ref: scu.247898

Yolanda Del Cerro Alonso v Osakidetza (Servicio Vasco de Salud): ECJ 10 Jan 2007

ECJ ETUC-UNICE-CEEP framework agreement Fixed-term work Working conditions Length’of’service allowance Not received due to agreements between staff union and administration Adequate objective grounds.
Workers in the Basque health service were initially classified as ‘temporary regulated staff’ but were then regraded as permanent, but were refused length-of-service allowances in respect of their service in the temporary grade and made complaints under the Directive 99/70/EC. Their claims were resisted by the health service on the ground of objective justification, but the Kingdom of Spain intervened to contend that the regulated staff, as public-sector workers, were completely outside the scope of the Directive (which contained a definition of ‘worker’ in terms very similar to that in Clause 2(1) of the Framework Agreement under the PTWD). Advocate-General (Poiares Maduro) concluded: ‘That conditional renvoi appears to me to be the process which is most faithful to both the letter and the spirit of the Community legislation. The effect of it is that the member state cannot merely rely on the formal or special nature of the rules applicable to certain employment relationships in order to exclude the latter from the benefit of the protection afforded by the Framework Agreement. If that were the case, there would be grounds for concern that the Framework Agreement could be rendered completely redundant. If it were the case, it would be open to any member state to make the contract staff of the public authorities subject to special rules in order to call in question the decisions adopted by the Court of Justice in Adeneler v Ellinikos Organismos Galaktos (ELOG) (Case C-212/04) [2006] ECR I-6057; Marrosu v Azienda Ospedaliera Ospedale San Martino di . . Genova . . (Case C-53/04) [2006] ECR I-7213 and Vassalo v Azienda Ospedaliera Ospedale San Martino di Genova . . (Case C-180/04) [2006] ECR I-7251. Consequently, the exclusion of public servants from the scope of Directive 99/70 cannot be accepted unless it is demonstrated that the nature of the employment relationship between them and the administration is substantially different from that between employees falling, according to national law, within the category of ‘workers’ and their employers.’
Held: ‘The mere fact that a post may be classified as ‘regulated’ under national law and has certain characteristics typical of the Civil Service in the member state in question is irrelevant in that regard. Otherwise, in reserving to member states the ability to remove at will certain categories of persons from the protection offered by Directive 99/70 and the Framework Agreement, the effectiveness of those Community instruments would be in jeopardy as would their uniform application in the member states: see, by analogy, Landeshauptstadt Kiel v Jaeger (Case C-151/02) [2004] ICR 1528, paras 58 and 59, and Pfeiffer v Deutsches Rotes Kreuz (Joined Cases C-397-403/01) [2005] ICR 1307, para 99. As is clear not only from the third paragraph of article 249 EC, but also from the first paragraph of article 2 of Directive 99/70, in light of recital (17) of the preamble to that Directive [which is identical to recital (16) of the PTWD] the member states are required to guarantee the result imposed by Community law: Adeneler [2006] ECR I-6057, para 68.’

Citations:

C-307/05, [2007] EUECJ C-307/05, [2008] ICR 145

Links:

Bailii

Statutes:

Council Directive 99/70/EC

Cited by:

Cited – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Cited – Duncombe and Others v Secretary of State for Children, Schools and Families SC 29-Mar-2011
The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years.
Held: . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 09 July 2022; Ref: scu.247913

V v V: FD 20 May 2011

The court was asked as to its jurisdiction to hear a divorce petition under the Regulation Brussels II Revised.

Judges:

Peter Jackson J

Citations:

[2011] EWHC 1190 (Fam), [2011] 2 FLR 778

Links:

Bailii

Statutes:

Council Regulation (EC) No 2201/2003

Jurisdiction:

England and Wales

Cited by:

Cited – Rapisarda v Colladon (Irregular Divorces) FC 30-Sep-2014
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction.
Lists of cited by and citing cases may be incomplete.

Family, European, Jurisdiction

Updated: 09 July 2022; Ref: scu.440084

ER and others (EU National; Self-Sufficiency; Illegal Employment) Ireland: IAT 18 Dec 2006

IAT An EU (EEA) national child cannot establish a right of residence based upon self-sufficiency where the resources relied upon are derived from a parent’s employment or self-employed when there is no lawful basis for that parent’s residence or employment (or self-employment) in the UK. Consequently, the parent/carer can derive no right of residence under EU law in such circumstances either.

Judges:

Grubb, Southern SIJJ

Citations:

[2006] UKAIT 00096

Links:

Bailii

Immigration, European

Updated: 08 July 2022; Ref: scu.247429

MA and others (EU National; Self-Sufficiency; Lawful Employment) Bangladesh: IAT 8 Dec 2006

IAT An EU (EEA) national child cannot rely upon income derived from a parent lawfully working in the UK during a period of limited leave restricted to a specific purpose or who is on temporary admission and not prohibited from working in order to establish a right of residence based upon ‘self-sufficiency’. Consequently, the parent/carer can derive no right of residence under EU law in such circumstances either.

Judges:

Storey, Grubb SIJJ

Citations:

[2006] UKAIT 00090

Links:

Bailii

Immigration, European

Updated: 08 July 2022; Ref: scu.247433

Regina and Commissioners of Inland Revenue ex parte Professional Contractors Group Ltd; Ruud Van Zundert and Square Mile Projects Ltd: Admn 2 Apr 2001

Legislation was introduced changing the taxation of one man companies through which many professional contractors worked. The asserted that this infringed their human rights by depriving them of property rights in the companies, and was an infringement of the right of freedom of movement within member states. Neither argument succeeded. There was no deprivation of property rights, and there was no discriminatory treatment according to a worker’s nationality.

Citations:

Times 05-Apr-2001, Gazette 17-May-2001, [2001] EWHC Admin 236

Links:

Bailii

Statutes:

Welfare Reform and Pensions Act 1999 75 76, Finance Act 2000 60, Social Security Contributions (Intermediaries) Regulations 2000 (2000 No 272)

Jurisdiction:

England and Wales

Citing:

Appealed to – Professional Contractors’ Group and Others v Commissioners of Inland Revenue CA 21-Dec-2001
Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the . .

Cited by:

Appeal from – Professional Contractors’ Group and Others v Commissioners of Inland Revenue CA 21-Dec-2001
Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Human Rights, European

Updated: 08 July 2022; Ref: scu.135323

Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage: Admn 15 May 1995

The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota.
Held: Making an administrative decision which was in breach of European law was not enough in itself to justify a claim in damages, there had to be some misinterpretation of European law. The respondent acted bona fide, and made an excusable mistake as to the interpretation of a legislative provision which was not clear or precise. No claim for damages lay against them.

Judges:

Mr Justice Latham

Citations:

Unreported, 15 May 1995

Jurisdiction:

England and Wales

Citing:

Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Applied – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd ECJ 23-May-1996
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative, European

Updated: 08 July 2022; Ref: scu.136186

Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 26 Oct 2006

ECJ Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such regulations (Article 230(4) EC) – Common organisation of the markets in the sugar sector – Isoglucose production quotas – Treatment of isoglucose merely arising as an intermediate product in the manufacture of other products intended for sale

Judges:

Kokott AG

Citations:

C-441/05, [2006] EUECJ C-441/05 – O

Links:

Bailii

Cited by:

Opinion – Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite ECJ 8-Mar-2007
ECJ Common organisation of the markets in the sugar sector Isoglucose Determination of the basic quantities used for the allocation of production quotas Isoglucose produced as an intermediate product Article . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 08 July 2022; Ref: scu.246019

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended to benefit from the Directive, and the claims were statute barred in any event.

Judges:

Langley J

Citations:

Times 01-Dec-2006, [2006] EWHC 2731 (Comm)

Links:

Bailii

Statutes:

Council Directive 73/239/EEC of July 24, 1973, on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance

Jurisdiction:

England and Wales

Citing:

Appendices – Poole and others v Her Majesty’s Treasury (Appendices) ComC 8-Nov-2006
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245917

Poole and others v Her Majesty’s Treasury (Appendices): ComC 8 Nov 2006

Citations:

[2006] EWHC 2731 – 2 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appendices – Poole and others v Her Majesty’s Treasury ComC 8-Nov-2006
Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245916

Pessoa E Costa v Commission (Staff Regulations): ECFI 19 Oct 2006

ECJ Implementation of a judgment of the Court – Interinstitutional transfer to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) – Refusal – Effect on the continuation of disciplinary proceedings

Judges:

Vilaras, P

Citations:

T-503/04, [2006] EUECJ T-503/04, [2006] EUECJ T-503/04

Links:

Bailii, Bailii

European

Updated: 08 July 2022; Ref: scu.245659

Elisa Maria Mostaza Claro v Centro Movil Milenium SL: ECJ 26 Oct 2006

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Failure to raise the unfair nature of a term during arbitration proceedings – Possibility of raising that objection in the context of an action brought against the arbitration award.

Citations:

C-168/05, [2006] EUECJ C-168/05, [2006] ECR I-10421, [2007] Bus LR 60, [2007] CEC 290, [2007] 1 CMLR 22

Links:

Bailii

Cited by:

Cited – Office of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Lists of cited by and citing cases may be incomplete.

European, Consumer, Contract

Updated: 08 July 2022; Ref: scu.245656

De Smedt v Commission (Staff Regulations): ECJ 19 Oct 2006

ECJ Contract staff – Request for review of classification and remuneration set on recruitment – Former auxiliary staff member employed as contract staff without any change of functions – Articles 3a and 80, paragraphs 2 and 3 of the CEOS – Duties falling under different groups of functions – Equal treatment

Judges:

S. Van Raepenbusch (Rapporteur), P

Citations:

F-59/05, [2006] EUECJ F-59/05

Links:

Bailii

European

Updated: 08 July 2022; Ref: scu.245646

NV Raverco (C-129/05), Coxon and Chatterton Ltd (C-130/05) v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 28 Sep 2006

ECJ Directive 97/78/EC – Regulation (EEC) No 2377/90 – Veterinary checks – Products entering the Community from third countries – Redispatch of products that do not satisfy the import conditions – Seizure and destruction.

Citations:

C-130/05, [2006] EUECJ C-130/05

Links:

Bailii

Statutes:

Directive 97/78/EC

European, Agriculture

Updated: 07 July 2022; Ref: scu.245151

PKK and KNK v Council: ECJ 27 Sep 2006

ECJ (Common Foreign and Security Policy) Opinion – Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual concern of the group bringing the action

Judges:

Kokott J

Citations:

[2006] EUECJ C-229/05 – O

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Opinion – PKK and KNK v Council ECJ 27-Sep-2006
ECJ Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 July 2022; Ref: scu.245177

Eman and Sevinger (European Citizenship): ECJ 12 Sep 2006

ECJ (Opinion) European Parliament – Elections – Right to vote – Requirements of residence in the Netherlands for Netherlands citizens of Aruba – Citizenship of the Union.

Judges:

A Tizzano AG

Citations:

C-300/04, [2006] EUECJ C-300/04, [2009] QB 307, [2006] ECR I-8055, ECLI:EU:C:2006:545, [2007] All ER (EC) 486, [2007] 1 CMLR 4

Links:

Bailii

Cited by:

Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Lists of cited by and citing cases may be incomplete.

European, Elections

Updated: 07 July 2022; Ref: scu.244997

Witkowska v Kaminski: ChD 25 Jul 2006

The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said this was discriminatory under European law. The defendant said that her stay in England was unlawful, and that she should not be counted as having lived with the deceased.
Held: The European treaty did not apply in such proceedings, and the claimant’s appeal failed. As to the defendant’s argument: ‘the claimant’s unlawful presence in this country [was] no bar to her ability to invoke the court’s jurisdiction under the Act to make reasonable financial provision for her out of the deceased’s estate. ‘ The court was entitled to conclude that the cohabitation with the deceased had continued despite the claimant’s return to Poland. The defendant’s cross appeals also failed.

Citations:

[2006] EWHC 1940 (Ch)

Links:

Bailii

Statutes:

Inheritance (Provision for Family and Dependants) Act 1975, EC Treaty 12

Jurisdiction:

England and Wales

Citing:

Cited – Re Royse (Deceased) CA 1985
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the . .
Cited – V v Addey and Stanhope School CA 30-Jul-2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit.
Held: The Court of Appeal upheld a . .
Cited – Hall v Woolston Hall Leisure Limited CA 23-May-2000
The fact that an employment contract was tainted with illegality of which the employee was aware, did not deprive the employee of the possibility of claiming rights which were due to her under a statute which created rights associated with but not . .
Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Cited – Whiston v Whiston CA 8-May-1995
A bigamist is unable to claim ancillary relief in the second marriage; would be against public policy. Since bigamy was a serious crime which undermined fundamental notions of monogamous marriage, the Court would not as a matter of public policy . .
Cited – Santos v Santos CA 16-Feb-1972
The court considered whether one party who lived in Spain and the other who lived mainly, but not exclusively, in England, were, despite several periods of close cohabitation, living apart.
Held: Mere physical separation without more did not . .
Cited – In re Beaumont, Deceased; Martin v Midland Bank Trust Co Ltd 1980
The words in the section ‘immediately before’ in the context of the maintenance of the claimant by the deceased before the death, were not to be construed literally. The situation was to be viewed as the general arrangements for maintenance in place . .
Cited – Gully v Dix; In re Dix deceased CA 21-Jan-2004
The claimant sought provision from the estate under the Act. She had cohabited with the deceased for many years, but had moved out several months before the death because of her concern for his drunkenness which lead to threats of self harm.
Cited – Jelley v Illife CA 1981
The court referred to the case of In re Beaumont and continued: ‘In considering whether a person is being maintained immediately before the death of the deceased, it is the settled basis or general arrangement between the parties as regards . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, European

Updated: 07 July 2022; Ref: scu.244114

GE Security (Judgment): ECJ 25 Feb 2016

ECJ Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Combined Nomenclature – Classification of goods – Headings 8517, 8521, 8531 and 8543 – Product known as a ‘video multiplexer’

Judges:

F. Biltgen (Rapporteur), P

Citations:

C-143/15, [2016] EUECJ C-143/15, ECLI:EU:C:2016:115

Links:

Bailii

Statutes:

Regulation (EEC) No 2658/87

Jurisdiction:

European

Customs and Excise

Updated: 07 July 2022; Ref: scu.560484

Nova Productions Ltd v Mazooma Games Ltd and others: CA 25 Jul 2006

Request for reference to European Court – infringement of copyright in computer game.

Judges:

Waller, Jonathan Parker, Jacob LJJ

Citations:

[2006] EWCA Civ 1044

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Nova Productions Ltd v Mazooma Games Ltd and others ChD 20-Jan-2006
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen.
Held: The games . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 07 July 2022; Ref: scu.243401

Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006

The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land.
Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that the addition of the words ‘and environmental’ were intended to widen the scope of the minimum requirements. The reference in Annex IV to ‘habitats’ is significant. It appears to me that visible rights of way can properly be described as ‘landscape features’. ‘ The question was to be referred to the European Court of Justice.

Judges:

Crane J

Citations:

[2006] EWHC 1833 (Admin)

Links:

Bailii

Statutes:

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, Rights of Way Act 1980

Jurisdiction:

England and Wales

Citing:

Cited – Regina v International Stock Exchange, ex parte Else (1982) Ltd CA 1993
The court gave guidance on the circumstances under which questions should be referred to the European Court of Justice. . .
Cited – Gomez de la Cruz Talegon v Commission ECFI 9-Feb-2000
Europa Officials – Request for reclassification in grade – Objection of inadmissibility – Material new fact – Admissibility. . .
Cited – European Parliament v Council of the European Union 162111 ECJ 25-Feb-1999
ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives.
Cited – Etablissements Armand Mondiet SA v Armement Islais SARL ECJ 24-Nov-1993
Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Land, European

Updated: 07 July 2022; Ref: scu.243368

Rossi v OHIM: ECJ 18 Jul 2006

ECJ Appeals – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Word mark SISSI ROSSI – Opposition by the holder of the earlier word mark MISS ROSSI – Arguments presented for the first time at the hearing – Offers of evidence.

Citations:

C-214/05, [2006] EUECJ C-214/05

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(1)(b)

European, Intellectual Property

Updated: 07 July 2022; Ref: scu.243418

Belgium v Commission (Agriculture) French Text: ECFI 25 Jul 2006

ECJ EAGGF – Clearance of accounts – Arable crops – Check on areas based on an aerial orthoimagery system (GIS) – Difference between the area declared and the area resulting from the GIS system – Administrative check and inspection on site – Loss to EAGGF

Citations:

T-221/04, [2006] EUECJ T-221/04

Links:

Bailii

European, Agriculture

Updated: 07 July 2022; Ref: scu.243411

Conde Nast Publications Ltd v Revenue and Customs: CA 11 Jul 2006

Time limits for reclaim of VAT. The Court considered an argument that it should treat the Court of Appeal decision in Fleming (t/a Bodycraft) v Customs and Excise Commissioners [2006] STC 864 as inconsistent with EU law.
Held: Chadwick LJ said: ‘I am content to assume that there may be circumstances in which the obligation imposed on courts by s 3(1) of the European Communities Act 1972 would require this court to refuse to follow its own earlier decision as to the meaning and effect of a Community instrument-including, in the present context, the effect of a judgment of the Court of Justice. Those circumstances would, I think, include a case in which the judgment of the Court of Justice under consideration by this court in the earlier case had been the subject of further consideration-and consequent interpretation, explanation or qualification-by the Court of Justice in a later judgment. But, as it seems to me, one constitution in this court should not substitute its own view as to the effect of a judgment of the Court of Justice for the view which has been reached by another constitution in this court in an earlier case on consideration of the same judgment in circumstances in which there has been no opportunity for the Court of Justice to review that judgment. In those circumstances, if persuaded that there are strong grounds for thinking that the earlier decision is wrong (as a matter of Community law) this court may think it right to refer the point to the Court of Justice for a preliminary ruling. Or it may follow the earlier decision and give permission to appeal. But it should not refuse to follow the earlier decision merely because, on the same material and the same arguments, it is satisfied that a different conclusion should have been reached.’

Judges:

Chadwick LJ, Arden LJ, Smith LJ

Citations:

[2006] EWCA Civ 976, [2006] Eu LR 1152, [2007] 2 CMLR 35, [2006] BVC 625, [2006] STI 1881, [2006] STC 1721, [2006] BTC 5555

Links:

Bailii

Statutes:

Value Added Tax Act 1994, European Communities Act 1972 3(1)

Jurisdiction:

England and Wales

Citing:

At VDT – Conde Nast Publications Ltd v Customs and Excise VDT 7-Dec-2004
VDT Value added tax – input tax – time limits – whether appellant able to claim unclaimed input tax incurred more than three years previously despite regulation 29(1A) of the Value Added Tax Regulations 1995 . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 07 July 2022; Ref: scu.243139

Rossi v OHMI – Marcorossi: ECFI 12 Jul 2006

ECJ Community trade mark – Opposition proceedings – Application for Community word mark MARCOROSSI – Earlier national and international word marks MISS ROSSI – Earlier Community word mark SERGIO ROSSI – Relative ground for refusal – Likelihood of confusion

Citations:

T-97/05, [2006] EUECJ T-97/05

Links:

Bailii

European, Intellectual Property

Updated: 07 July 2022; Ref: scu.243115

Revenue and Customs v Loyalty Management UK Ltd: ChD 22 Jun 2006

The taxpayer operated a substantial loyalty reward scheme (Nectar) for assorted companies. The Revenue appealed against an order allowing the company to reclaim input VAT. The court was asked now: ‘what is the proper characteristic, for VAT purposes, of the payment made by LMUK to those other suppliers; is it a payment for a redemption service supplied to LMUK or is it the whole or part of the price paid for the provision by those other Suppliers of the rewards to the customers? Is there, for VAT purposes, a supply of a redemption service to LMUK or of goods or services to the customers?’
Held: Though the matter was incompleteley argued, the Revenue’s appeal succeeded. When goods were provided by a redeemer to a collector, that must be a supply of goods to the collector. That followed from the definition of a supply of goods in article 5(1) of the Sixth Directive (‘the transfer of the right to dispose of tangible property as owner’). The court preferred the argument of the Commissioners because ‘it seems to me the more consistent with the requirements, illustrated in Auto Lease and the coupon cases, that one should stand back and look at the characteristics of the provision and payment in issue in a relatively robust and commonsensical way’. Emphasis was placed upon the fact that the payments made by LMUK were related to the number of points redeemed, and upon the absence of any separately identifiable fee for the services provided to LMUK other than the provision of goods and services to collectors.

Judges:

Mr Justice Lindsay

Citations:

[2006] EWHC 1498 (Ch)

Links:

Bailii

Statutes:

Council Directive 77/388/EEC 17

Jurisdiction:

England and Wales

Citing:

At VDT – Loyalty Management UK Ltd v Customs and Excise VDT 6-Apr-2005
VDT VALUE ADDED TAX – input tax – the Appellant operates the Nectar programme under which customers who purchase goods (called primary goods) from certain retailers receive points which they may use to acquire . .
Applied – Auto Lease Holland BV v Bundesamt fur Finanzen ECJ 6-Feb-2003
The court identified the need to give an autonomous meaning to the phrase ‘supply of goods’ in article 5(1) of the Sixth Directive as follows: ‘ . . .. it is clear from the wording of that provision that ‘supply of goods’ does not refer to the . .

Cited by:

At ChD – Loyalty Management UK Ltd v HM Revenue and Customs CA 5-Oct-2007
The company (LMUK) managed a loyalty scheme for retailers. Their customers were awarded point sunder the schem on purchasing items, and then redeeemed those points against other purchases. LMUK sought to recover input tax on the invoices it paid to . .
At ChD – Loyalty Management UK (Taxation) ECJ 7-Oct-2010
ECJ (prelimiary ruling) Sixth VAT Directive – Taxable amount – Sales promotion scheme – Loyalty rewards scheme allowing customers to earn points from traders and to redeem them for loyalty rewards – Payments made . .
At ChD – Loyalty Management UK (Taxation) ECJ 7-Oct-2010
ECJ Sixth VAT Directive – Taxable amount – Sales promotion scheme – Loyalty rewards scheme allowing customers to earn points from traders and to redeem them for loyalty rewards – Payments made by the operator of . .
At ChD – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 13-Mar-2013
The company managed a card loyalty scheme for retailers. The Revenue appealed against a decision that the company could reclaim VAT input tax on the goods purchased on the customers redeeming their points. The ECJ had decided that the service . .
At ChD – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 20-Jun-2013
Decisions about the application of the VAT system are highly dependent upon the factual situations involved. The case-law of the Court of Justice indicates that, when determining the relevant supply in which a taxable person engages, regard must be . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 07 July 2022; Ref: scu.242703

North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter had been referred to the ECJ, and now returned. The claimants now sought to argue that now that the date of the transfer was established they should be deemed to have been transferred on that date even though they remained formally civil servants.
Held: (Majority) The appeal was dismissed. The respondent employees had continuous employment with both the civil service and the appellants. ‘the sole reservation to the general rule to which the ECJ referred . . . of its judgment does not apply in this case. The respondents were in a position on or after the date of the transfer to choose of their own free will not to work for Newtec. But they did not make that choice. The fact is that they continued to do the same work in the area offices after the transfer of the undertaking to Newtec, albeit in the belief that they remained in the employment of the DoE. This leads inevitably to the conclusion that their contracts of employment were transferred automatically to Newtec with continuity of employment on the date of the transfer. ‘

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Carswell, Lord Mance

Citations:

[2006] UKHL 29, [2006] ICR 992, [2006] 4 All ER 27, [2006] IRLR 635, [2006] 1 WLR 2421

Links:

Bailii

Statutes:

Council Directive 77/187/EEC, Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) 5

Jurisdiction:

England and Wales

Citing:

At ECJ – Celtec Ltd v John Astley and Others ECJ 26-May-2005
Europa Directive 77/187/EEC – Article 3(1) – Safeguarding of employees’ rights in the event of transfers of undertakings – Transferor’s rights and obligations arising from a contract of employment or from an . .
First House of Lords – Celtec Limited v Astley and others HL 10-Nov-2003
The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a . .
At EAT – Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes EAT 5-Oct-2001
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom . .
At Court of Appeal – J Astley and others v Celtec Ltd CA 19-Jul-2002
Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment. . .
Cited – Giuseppe d’Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA ECJ 25-Jul-1991
Europa Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of . .
Cited – Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another ECJ 14-Nov-1996
ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment . .
Cited – Amministrazione Delle Finanze Dello Stato v Simmenthal SpA (No 2) ECJ 9-Mar-1978
ECJ The Court of Justice considered a reference for a preliminary ruling, pursuant to article 1977 of the Treaty, as having been validly brought before it so long as the reference has not been withdrawn by the . .
Cited – Foreningen Af Arbejdsledere I Danmark v A/S Danmols Inventar, In Liquidation ECJ 11-Jul-1985
Europa Article 1(1) of Council Directive no 77/187 does not apply to the transfer of an undertaking, business or part of a business where the transferor has been adjudged insolvent and the undertaking or business . .
Cited – Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv ECJ 7-Feb-1985
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, . .
Cited – Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S ECJ 10-Feb-1988
The claimant, Mr Tellerup, was employed as a restaurant manager by the transferor, Irma Catering A/S. When its lease was terminated it dismissed all staff. Mr Tellerup’s statutory period of notice expired on 30 April 1983. But it continued to run . .
Cited – Katsikas and others v Konstantinidis and others ECJ 16-Dec-1992
ECJ Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings is to be interpreted as not . .
Cited – Berg And Busschers v Besselsen ECJ 5-May-1988
Europa Social Policy – Article 3(1) of Directive 77/187/EEC which concerns the safeguarding of employees’ rights in the event of transfers of undertakings must be interpreted as meaning that after the date of . .
Cited – Foster and others v British Gas plc ECJ 12-Jul-1990
The defendants (BGC) were nationalised suppliers of gas. BGC was by statute a body with a legal persona operating under the supervision of the authorities. Its members were appointed by the Secretary of State, who also determined their remuneration. . .
Cited – Redmond Stichting v Bartol and others (Judgment) ECJ 19-May-1992
Europa Article 1(1) of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or . .
Cited – Foster v British Gas plc HL 1991
The House was asked for a preliminary ruling before a referral of the case to the ECJ as to whether the applicants could rely as against the British Gas Corporation on an unimplemented Council Directive. Although the gas industry had been privatised . .

Cited by:

Cited – Royal Mail Group Ltd v Communication Workers Union CA 14-Oct-2009
Royal Mail had transferred some of its businesses. The union complained that the company’s explanation of the effect of the transfer to its members was incorrect in law. The EAT had found that the employer need only tell the employee of its honestly . .
Cited – Alemo-Herron v Parkwood Leisure Ltd EAT 12-Jan-2009
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive
TRANSFER OF UNDERTAKINGS: Varying terms of employment
As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 06 July 2022; Ref: scu.242664

G.J. Dokter, Maatschap Van den Top, W. Boekhout v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 15 Jun 2006

Europa Agriculture – Control of foot-and-mouth disease – Directive 85/511/EEC – Directive 90/425/EEC- Examinations to detect foot-and mouth-disease carried out by a laboratory not listed in the annex to Directive 85/511/EEC – National authorities-? discretion – Principle of proportionality – Principle of respect for the rights of the defence.

Citations:

C-28/05, [2006] EUECJ C-28/05

Links:

Bailii

European, Agriculture, Animals

Updated: 06 July 2022; Ref: scu.242571

Regione Siciliana v Commission (Regional Policy: ECJ 2 May 2006

ECJ Appeal – European Regional Development Fund (ERDF) – Closure of Community financial assistance – Action for annulment – Admissibility – Local or regional entity – Measures of direct and individual concern to that entity – Direct concern.

Citations:

C-417/04, [2006] EUECJ C-417/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 July 2022; Ref: scu.241365

Krings GmbH v Oberfinanzdirektion Nurnberg: ECJ 4 Mar 2004

Europa Common Customs Tariff – Combined Nomenclature – Tariff heading – Preparation with a basis of extract of tea.

Citations:

C-130/02, [2004] EUECJ C-130/02

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Matalan Retail Ltd v Revenue and Customs ChD 5-Aug-2009
The taxpayer imported swimwear for sale. The respondent had incorrectly indicated that such swimwear had one classification. The claimant sought to prevent the respondent reclassifying the goods, saying that they had made given binding tariff . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 July 2022; Ref: scu.194392

Motor Insurers’ Bureau v Lewis: CA 5 Jun 2019

The MIB appealed against a determination that EU Directive 2009/103/EC relating to compulsory motor insurance had direct effect against the MIB as an emanation of the state, so that the MIB was liable to indemnify the respondent claimant (to whom I will refer as ‘the claimant’) in respect of the injury he suffered an incident with an uninsured driver. MIB had argued that the injury was not on a road or other public place.
Held: The appeal failed. Though a private body, the MIB had had delegated to it the duty placed on the state of complying with the European Directive.

Citations:

[2019] EWCA Civ 909

Links:

Bailii

Jurisdiction:

England and Wales

European, Road Traffic

Updated: 06 July 2022; Ref: scu.637984

Commission v Finland (Approximation Of Laws): ECJ 18 May 2006

ECJ Failure to fulfill obligations – Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Prohibition of placing on the market of tobacco for oral use – Failure to transpose within the prescribed period

Citations:

[2006] ECR I-66, C-343/05, [2006] EUECJ C-343/05

Links:

Bailii

Statutes:

Directive 2001/37/EC

European

Updated: 06 July 2022; Ref: scu.241903

Commission v Spain: ECJ 18 May 2006

ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.
The setting of stopped snares was said to have endangered the lives of the otter.
Held: ‘For the condition as to ‘deliberate’ action in Article 12(1)(a) of the Directive to be met, it must be proven that the author of the act intended the capture or killing of a specimen belonging to a protected animal species or, at the very least, accepted the possibility of such capture or killing.’

Citations:

C-221/04, [2006] EUECJ C-221/04, [2005] Env LR 20

Links:

Bailii

Statutes:

Directive 92/43/EEC 12(1)(a)

Cited by:

Cited – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Animals

Updated: 06 July 2022; Ref: scu.241906

Jeffery and others v Secretary of State for Education and Another: EAT 17 Mar 2006

EAT Equal Pay Act
Appellants to have membership of the employer’s pension scheme backdated to include earlier periods of part-time employment. Chairman held that the applications were out of time. Was this an error of law? Observations on what constitutes a stable employment relationship.

Judges:

Elias J P

Citations:

[2006] UKEAT 0677 – 05 – 1703

Links:

Bailii

Statutes:

Equal Pay Act 1970, Treaty of the European Union 141

Employment, Discrimination, European

Updated: 06 July 2022; Ref: scu.241482

Regina (Barker) v Bromley London Borough Council, First Secretary of State intervening: ECJ 4 May 2006

ECJ Environment and Consumers – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Crystal Palace development project – Projects falling within Annex II to Directive 85/337 – Grant of consent comprising more than one stage.
The court ruled that ‘Classification of a decision as a ‘development consent’ within the meaning of article 1(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment must be carried out pursuant to national law in a manner consistent with Community law.
2. Articles 2(1) and 4(2) of Directive 85/337 are to be interpreted as requiring an environmental impact assessment to be carried out if, in the case of grant of consent comprising more than one stage, it becomes apparent, in the course of the second stage, that the project is likely to have significant effects on the environment by virtue inter alia of its nature, size or location.’

Citations:

Times 10-May-2006, [2006] QB 764, [2006] EUECJ C-290/03

Links:

Bailii

Statutes:

Directive 85/337/EEC

Cited by:

Cited – Barker, Regina (on the Application of) v London Borough of Bromley HL 6-Dec-2006
The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an . .
Lists of cited by and citing cases may be incomplete.

European, Planning, Environment

Updated: 06 July 2022; Ref: scu.241475

Commission v United Kingdom: ECJ 4 May 2006

ECJ Environment and Consumers – Failure to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Project carried out without prior application for development consent or assessment – Action inadmissible.

Citations:

[2006] EUECJ C-98/04

Links:

Bailii

Statutes:

Directive 85/337/EEC

European, Environment

Updated: 06 July 2022; Ref: scu.241477

Massachusetts Institute of Technology (Approximation of Laws): ECJ 4 May 2006

ECJ Patent law – Medicinal products – Regulation (EEC) No 1768/92 -Supplementary protection certificate for medicinal products – Concept of – combination of active ingredients.

Citations:

[2006] EUECJ C-431/04

Links:

Bailii

Statutes:

Regulation (EEC) No 1768/92

European, Intellectual Property

Updated: 06 July 2022; Ref: scu.241479

Abbey National plc, Inscape Investment Fund v Commissioners of Customs and Excise: ECJ 4 May 2006

ECJ Taxation – Sixth VAT Directive – Article 13B(d)(6) – Management of special investment funds – Exemption – Meaning of -management – Functions of a depositary – Delegation of administrative management function.

Citations:

Times 06-Jun-2006, [2006] EUECJ C-169/04

Links:

Bailii

European, VAT

Updated: 06 July 2022; Ref: scu.241474

Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for family life – National legislation relating to the prohibition on residence and expulsion – Administrative practice – Criminal conviction – Expulsion.

Citations:

C-441/02, [2006] EUECJ C-441/02

Links:

Bailii

European

Updated: 06 July 2022; Ref: scu.241317

Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989

The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close to parity). There was such a striking disparity between men and women that the question referred to the Court of Justice assumed that the proportion of women adversely affected was considerably greater than that of men, and the Court of Justice was concerned only with the issue of objective justification. Nine times as many women as men were disadvantaged, and no one was going to waste time in suggesting that the entire national workforce contained nine times as many women as men.
Europa Article 119 of the Treaty precludes national legislation which permits employers to exclude employees whose normal working hours do not exceed 10 hours a week or 45 hours a month from the continued payment of wages in the event of illness, if that measure affects a far greater number of women than men, unless the Member State shows that the legislation concerned is justified by objective factors unrelated to any discrimination on grounds of sex, which concern one of the essential aims of its social policy.

Citations:

C-171/88, R-171/88, [1989] EUECJ R-171/88, [1989] ECR 2743

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 06 July 2022; Ref: scu.215719

Allen v HM Treasury and Another: ChD 17 Apr 2019

Trial of an action brought by the claimant claiming damages from the defendants (representing the United Kingdom as a Member State of the European Union) for failing to implement measures to remove a VAT exemption from Channel Island suppliers which, it is said, enabled those suppliers to compete with his business on unfairly advantageous terms (they could sell more cheaply) which eventually drove his company out of business.

Citations:

[2019] EWHC 1010 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

VAT, European

Updated: 06 July 2022; Ref: scu.638173

Grau v Commission (Staff Regulations) French Text: ECFI 6 Apr 2006

ECJ Investigation by the European Anti-Fraud Office (OLAF) concerning the management and funding of the Institute for European-Latin American Relations (IRELA) – Potential conflict of interest on the part of an investigator – Removal from the investigating body – Impact on the conduct of the investigation and the content of the report of the investigation – Report terminating the investigation – Action for annulment – Admissibility – Action for damages – Admissibility

Citations:

T-309/03, [2006] EUECJ T-309/03

Links:

Bailii, Bailii

European

Updated: 05 July 2022; Ref: scu.240148

Emag Handel Eder (Taxation): ECJ 6 Apr 2006

ECJ Preliminary references – Sixth VAT Directive – Article 8(1)(a) and (b), the first paragraph of Article 28a(1)(a), Article 28b(A)(1) and the first paragraph of Article 28cA)(a) – Intra-Community dispatch or transport of goods – Supplies – Intra-Community acquisition of goods – Chain transactions – Place of transaction.

Citations:

C-245/04, [2006] EUECJ C-245/04

Links:

Bailii

European, VAT

Updated: 05 July 2022; Ref: scu.240145

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation of the ECJ’s judgment, read as a whole, is that a requirement that there should be a ‘genuine link between an applicant for an allowance in the nature of a social advantage . . and the geographic market in question’ (see ibid. paragraph 67) is not synonymous with a requirement that the applicant should be actively (i.e. genuinely) seeking work in that market at the material time; and that in the context of an application for such an allowance a ‘genuine link’ requirement may (subject always to questions of justification and proportionality) be legitimately imposed by a member state in addition to an ‘actively seeking work’ requirement.’ At the same time ‘it was in principle legitimate for the national legislature to wish to ensure that there was a ‘real link’ between the applicant for that allowance and the geographic employment market in question. ‘

Judges:

Brooke LJ, Jonathan Parker LJ, Maurice Kay LJ

Citations:

Times 02-May-2006, [2006] EWCA Civ 376

Links:

Bailii

Statutes:

Jobseeker’s Allowance Regulations 1996 85(1)

Jurisdiction:

England and Wales

Citing:

Cited – Collins v Secretary of State for Work and Pensions ECJ 23-Mar-2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship . .
Cited – Swaddling v Adjudication Officer ECJ 25-Feb-1999
A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough.
Cited – Sylvie Lair v Universitat Hannover ECJ 21-Jun-1988
European law draws a distinction between member state nationals who have not yet entered into an employment relationship in the host member state where they are looking for work and those who are already working in that state or who, having worked . .
Cited – Collins v Secretary of State for Work and Pensions ECJ 23-Mar-2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship . .
Cited – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Cited – Centre Public D’Aide Sociale De Courcelles v Lebon ECJ 18-Jun-1987
A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled . .
Cited – Commission v Belgium ECJ 12-Sep-1996
ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – O’Flynn v Adjudication Officer ECJ 23-May-1996
A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant . .
Cited – Criminal Proceedings Against Bickel and Franz ECJ 1-Dec-1998
Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state. . .
Cited – Commission v Italy C-388/01 ECJ 16-Jan-2003
Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as . .
Cited – D’Hoop v Office National de l’Emploi ECJ 11-Jul-2002
Europa Citizenship of the Union – Principle of non-discrimination – National legislation granting the right to tideover allowances to its nationals only on condition that they have completed their secondary . .
Cited – Regina (Bidar) v Ealing London Borough Council and Another ECJ 15-Mar-2005
Europa (Grand Chamber of the Court of Justice of the European Union) Citizenship of the Union – Articles 12 EC and 18 EC – Assistance for students in the form of subsidised loans – Provision limiting the grant of . .
Cited – In re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Cited – Garcia Avello v Belgian State ECJ 2-Oct-2003
Europa Citizenship of the European Union – Handing down of surnames – Children of nationals of Member States – Dual nationality. . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 05 July 2022; Ref: scu.240098

Madaus v Ohmi-Optima Healthcare (Echinaid) (Intellectual Property): ECFI 5 Apr 2006

ECJ Community trade mark – Opposition proceedings – Earlier international word mark ECHINACIN – Application for the Community word mark ECHINAID – Absolute ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94.

Citations:

T-202/04, [2006] EUECJ T-202/04

Links:

Bailii

Jurisdiction:

European

European, Intellectual Property

Updated: 05 July 2022; Ref: scu.240079

Servizi Ausiliari Dottori Commercialisti Srl v Giuseppe Calafiori; intervener: Pubblico Ministero (Competition): ECJ 30 Mar 2006

ECJ Freedom of establishment – Freedom to provide services – Competition rules applicable to undertakings – State aid – Tax Advice Centres – Pursuit of certain tax advice and assistance activities – Exclusive right – Remuneration for such activities.

Citations:

C-451/03, [2006] EUECJ C-451/03

Links:

Bailii

European

Updated: 05 July 2022; Ref: scu.239791

Elizabeth Florence Emanuel v Continental Shelf 128 Ltd (Approximation of Laws): ECJ 30 Mar 2006

ECJ Opinion – Trade marks of such a nature as to deceive the public or liable to mislead the public as to the nature, quality or geographical origin of a product – Trade mark assigned by the proprietor together with the undertaking producing the goods to which the mark relates – Directive 89/104/EEC.

Judges:

Ruiz-Jabaro Colomer AG

Citations:

C-259/04, [2006] EUECJ C-259/04, [2006] ETMR 56

Links:

Bailii

Statutes:

Directive 89/104/EEC, Trade Marks Act 1994 76

European, Intellectual Property

Updated: 05 July 2022; Ref: scu.239785

Commission v French Republic: ECJ 14 Mar 2006

ECJ Failure of a Member State to fulfil obligations – Directive 85/374/EEC – Product liability – Judgment of the Court finding a failure to fulfil obligations – Failure to take measures to comply – Article 228 EC – Financial penalties – Partial compliance with the judgment during the proceedings.

Citations:

[2006] EUECJ C-177/04

Links:

Bailii

Statutes:

Directive 85/374/EEC

Jurisdiction:

European

European

Updated: 05 July 2022; Ref: scu.239590

Van Esbroeck (Police and Judicial Cooperation In Criminal Matters): ECJ 9 Mar 2006

ECJ Convention implementing the Schengen Agreement – Articles 54 and 71 – Ne bis in idem principle – Application ratione temporis – Concept of – the same acts – Import and export of narcotic drugs subject to legal proceedings in different Contracting States.

Citations:

C-436/04, [2005] EUECJ C-436/04

Links:

Bailii

European

Updated: 05 July 2022; Ref: scu.239178

L.H. Piatkowski v Inspecteur van de Belastingdienst grote ondernemingen Eindhoven (Social Security For Migrant Workers): ECJ 9 Mar 2006

ECJ Freedom of movement for workers – Social security – Person simultaneously employed in one Member State and self-employed in another Member State – Person subject to the social security legislation of each of those States – Regulation (EEC) No 1408/71 – Article 14cb) and Annex VII – Social security contributions levied on interest paid by a company established in one Member State to a person resident in another Member State.

Citations:

C-493/04, [2005] EUECJ C-493/04

Links:

Bailii

European, Benefits

Updated: 05 July 2022; Ref: scu.239172

Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year.
Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took leave. It is necessary for the health and safety of workers that they should have a minimum entitlement to leave and that they should be paid so that they are in a position to take it.

Judges:

P. Jann, P

Citations:

Times 22-Mar-2006, [2006] ICR 932, [2005] EUECJ C-131/04, C-257/04, [2005] EUECJ C-257/04, C-131/04

Links:

Bailii

Statutes:

EC Treaty 234, Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, Working Time Regulations 1998 (1998 No 1833)

Cited by:

Cited – British Airways Plc v Williams and Others CA 3-Apr-2009
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the . .
See Also – Revenue and Customs v Stringer, Ainsworth and Others HL 10-Jun-2009
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 05 July 2022; Ref: scu.239175

Matratzen Concord v Hukla Germany SA (Free Movement Of Goods): ECJ 9 Mar 2006

ECJ (Judgment) Reference for a preliminary ruling – Article 3(1)(b) and (c) of Directive 89/104/EEC – Grounds for refusal to register – Articles 28 EC and 30 EC – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Justification – Protection of industrial and commercial property – National word mark registered in a Member State – Trade mark consisting of a term borrowed from the language of another Member State in which it is devoid of distinctive character and/or descriptive of the goods in respect of which the trade mark was registered

Judges:

P. Jann, P

Citations:

[2006] CEC 621, [2006] ETMR 48, ECLI:EU:C:2006:164, C-421/04, [2005] EUECJ C-421/04

Links:

Bailii

Statutes:

Directive 89/104/EEC 3(1)(b)

Cited by:

Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 05 July 2022; Ref: scu.239171

Revenue and Customs v RBS Deutschland Holdings Gmbh: SCS 13 Jan 2006

SCS The taxpayer, a German subsidiary of a UK bank, carried on a banking and leasing business in Germany. It did not have a place of establishment in the UK. It was registered in the UK for VAT as a non-established taxable person. It bought cars in the UK from an unconnected seller, and leased the cars back to the same group, with a put option requiring the cars to be bought back later. It paid VAT on the purchases but did not charge VAT on the leases. Under UK legislation the leases were treated as supplies made in Germany, and not subject to VAT in the UK, whereas under German law, having regard to the particular terms of the leases, they were treated as supplies made in the UK and therefore not subject to VAT in Germany. On the exercise of the put option, UK VAT was charged on the sale, but the taxpayer sought to deduct the input tax incurred on the purchase.

Judges:

Lord Clarke And Lady Dorrian And Lord Osborne

Citations:

[2006] ScotCS CSIH – 10

Links:

Bailii

Jurisdiction:

Scotland

Citing:

At VDT (1) – RBS Deutschland Holdings Gmbh v Customs and Excise VDT 16-Nov-2004
VDT Application: Interlocutory Hearing – Jurisdiction – whether appeal raised in Edinburgh should be transmitted to London in respect that there was another connected appeal there – whether Appellants with . .
Appeal from – RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 3-May-2005
VDT Applications – opposed motion to sist part of the proceedings in the appeal pending an ECJ Decision: Application for an order for disclosure of documents – necessity of documents, relevance to issue . .

Cited by:

At Inner House – RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 24-Jul-2007
VDT VAT – deduction of input tax – leasing of cars within UK by German subsidiary company – cars purchased within UK, remaining there and subject to VAT in UK – leasing deemed to be supply of services in Germany . .
At Inner House – Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 30-Sep-2010
ECJ Opinion – Interpretation of Article 17(3)(a) of the Sixth VAT Directive – Transactions carried out with the sole aim of obtaining a tax advantage – Provision of vehicle leasing services in the United Kingdom . .
At Inner House – Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 22-Dec-2010
ECJ Sixth VAT Directive – Right to deduction – Purchase of vehicles and use for leasing transactions – Differences between the tax regimes of two Member States – Prohibition of abusive practices
‘taxable . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 05 July 2022; Ref: scu.238710

Fleming (T/A Bodycraft) v Revenue and Customs: CA 15 Feb 2006

The claimant sought repayment of VAT. The commissioners responded that there ws a three year cut off for reclaims.
Held: The introduction of the three year limit with no transitional provisions was in breach of Community law.

Citations:

[2006] EWCA Civ 70, Times 01-Mar-2006, [2006] STC 864

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At Tribunal – Fleming (T/A Bodycraft) v Customs and Excise VDT 23-Apr-2004
VDT INPUT TAX – whether claim made in 2000 for input tax for 1989 and 1990 for which no tax invoice was issued was part of a claim made in 1993 – no – whether the 2000 claim was prevented by the 3 year cap . .
Appeal from – Fleming T/A Bodycraft v Commisioners of Customs and Excise ChD 25-Feb-2005
Appeal against dismissal of the Appellant’s appeal from the decision of the Commissioners of Customs and Excise to refuse to repay to the Appellant input tax on three new Aston Martin motor cars out of a batch of thirteen such cars purchased by the . .

Cited by:

Cited – Conde Nast Publications Ltd v Customs and Excise CA 11-Jul-2006
The court was asked as to the time available to a taxpayer to make a claim for repayment of under-deducted input tax under regulation 29.
Held: Though it might itself feel some discomfort at an earlier judgment interpreting a judgment of the . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 05 July 2022; Ref: scu.238522

Gaetano Verdoliva v JM Van der Hoeven BV, Banco di Sardegna, San Paolo IMI SpA, with Pubblico Ministero, intervening, (Judgments Convention/Enforcement Of Judgments): ECJ 16 Feb 2006

ECJ Brussels Convention – Judgment authorising the enforcement of a judgment given in another Contracting State – Failure of, or defective, service – Notice – Time for appealing.

Citations:

C-3/05, [2006] EUECJ C-3/05

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 July 2022; Ref: scu.238550

Tea-Cegos and Stg v Commission (Law Relating To Undertakings) T-383/05: ECFI 14 Feb 2006

ECJ Public contracts – Community tendering procedure – Recruitment of technical assistance for short-term expertise for exclusive benefit of third countries benefiting from external aid – Rejection of tenders

Citations:

T-383/05, [2006] EUECJ T-383/05, [2006] EUECJ T-383/05

Links:

Bailii, Bailii

European, Company

Updated: 05 July 2022; Ref: scu.238518

Tea-Cegos and Stg v Commission (Law Relating To Undertakings) T-376/05: ECFI 14 Feb 2006

ECJ Public contracts – Community tendering procedure – Recruitment of technical assistance for short-term expertise for exclusive benefit of third countries benefiting from external aid – Rejection of tenders

Citations:

T-376/05, [2006] EUECJ T-376/05, [2006] EUECJ T-376/05

Links:

Bailii, Bailii

European

Updated: 05 July 2022; Ref: scu.238517

Rodrigues Carvalhais v OHMI-Profilpas (Perfix): ECFI 1 Feb 2006

ECJ Marque communautaire – Procedure d’opposition – Marque figurative comportant l’element verbal -PERFIX- Marque communautaire anterieure figurative comportant l’element verbal -cerfix- Motif relatif de refus – Risque de confusion – Article 8, paragraphe 1, sous b), du reglement (CE) no 40/94.

Citations:

T-206/04, [2006] EUECJ T-206/04

Links:

Bailii

European, Intellectual Property

Updated: 05 July 2022; Ref: scu.238388

Declan O’Byrne v Sanofi Pasteur MSD Ltd, formerly Aventis Pasteur MSD Ltd, Sanofi Pasteur SA: ECJ 9 Feb 2006

ECJ Directive 85/374/EEC – Liability for defective products – Definition of -putting into circulation- of the product – Supply by the producer to a wholly owned subsidiary.

Citations:

C-127/04, [2006] EUECJ C-127/04, Times 15-Feb-2006

Links:

Bailii

Citing:

Cited – Skov AEG v Bilka Lavprisvarehus A/S ECJ 10-Jan-2006
ECJ Directive 85/374/EEC – Liability for defective products – Liability of the supplier of a defective product.
The class of persons liable against whom an injured person is entitled to bring an action under . .

Cited by:

At ECJ – O’Byrne v Aventis Pasteur MSD Ltd QBD 20-Oct-2006
The claimant sought damages under the 1967 Act asserting injury from a drug sold by the defendant. Proceedings had been mistakenly commenced against Aventis Pasteur MSD Ltd within the limitation period, but outside the limitation period, it was . .
At ECJ – O’Byrne v Aventis Pasteur Sa CA 9-Oct-2007
The claimant had made a mistake in naming the defendant company, but had intended the company which it now requested the court to substitute as defendant. The limitation period had expired.
Held: The substitution was necessary to decide the . .
At ECJ – OB v Aventis Pasteur SA HL 11-Jun-2008
The claimant had been vaccinated with a HIB vaccine. He was severely injured and it was said that the vaccine was the cause, and a claim made under the 1987 Act. Originally the claim was made against a UK company, but it should have been against . .
At ECJ (1) – Aventis Pasteur v O’Byrne (Environment And Consumers) ECJ 2-Dec-2009
Europa Directive 85/374/EEC – Liability for defective products Articles 3 and 11 Mistake in the classification of ‘producer’ Judicial proceedings – Application for substitution of the producer for the original . .
At ECJ – O’Byrne v Aventis Pasteur Sa CA 9-Oct-2007
Whether two applications for leave to appeal between the same parties should be heard together. . .
At ECJ (1) – O’Byrne v Aventis Pasteur Sa SC 26-May-2010
The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 05 July 2022; Ref: scu.238386