Category: European

AB v Finanzamt fur den 6 7 und 15 Bezirk (Privileges And Immunities): ECJ 8 Sep 2005

ECJ Protocol on the Privileges and Immunities of the European Communities – Staff regulations – Conditions of employment applicable to other servants – Local member of staff at the representation of the Commission in Austria – Tax treatment.

Citations:

C-288/04, [2005] EUECJ C-288/04

Links:

Bailii

European

Updated: 03 July 2022; Ref: scu.229962

Willis Pension Trustees Ltd v Revenue and Customs: VDT 25 Jul 2005

VDT Supply for a consideration – whether foreign exchange transactions always constitute such supplies by both parties – whether a counterparty’s profit from foreign exchange transactions is consideration for its supply – Value Added Tax Act 1994 section 5(2) – Sixth Directive Articles 2 and 11. Interpretation of the operative part of a preliminary ruling by the ECJ.

Citations:

[2005] UKVAT V19183

Links:

Bailii

VAT, European

Updated: 03 July 2022; Ref: scu.229635

Barsotti and others C-19/01: ECJ 4 Mar 2004

(Judgment) Social policy – Protection of employees in the event of their employer’s insolvency – Directive 80/987/EEC – Limitation of liability of the guarantee institutions – Ceiling to the liability – Part payments by the employer – Social objective of the directive

Citations:

C-19/01, [2004] EUECJ C-19/01

Links:

Bailii

Jurisdiction:

European

Employment, Insolvency

Updated: 03 July 2022; Ref: scu.194388

O2 Holdings Ltd. and Another v Hutchison 3G Ltd (No 2): ChD 23 Mar 2006

Judges:

Lewison J

Citations:

[2006] EWHC 534 (Ch), [2006] ETMR 55, [2006] RPC 30

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
Appeal from – O2 Holdings Ltd and Another v Hutchison 3G Ltd CA 5-Dec-2006
The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor . .
Cited – D Jacobson and Sons Ltd v Globe Gb Ltd Globe Europe Sas Chd 25-Jan-2008
The claimant alleged infringement by the defendants of its ‘Gola’ trade mark designs. The defendant said the registration was invalid because the stripes on the shoes were not distincive being seen as part of the design of the shoe rather than as an . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 01 July 2022; Ref: scu.239283

Geologistics v Commission: ECFI 27 Sep 2005

ECJ Customs Union – External Community transit operations – Meat destined for Morocco – Fraud – Application for remission of import duties – Article 239 of Regulation (EEC) No 2913/92 – Article 905 of Regulation (EEC) No 2454/93 – Fairness clause – Special situation – No deception or obvious negligence.

Citations:

T-26/03, [2005] EUECJ T-26/03

Links:

Bailii

Jurisdiction:

European

European, Customs and Excise

Updated: 01 July 2022; Ref: scu.230341

Common Market Fertilizers v Commission: ECFI 27 Sep 2005

ECJ Remission of import – Article 1, paragraph 3 of Regulation (EC) No 3319/94 – Direct Billing, the importer – group of experts, within the meaning of -Article 907 of Regulation (EEC) No 2454/93 – Rights of the defense – Obvious negligence, within the meaning of Article-239 of Regulation (EEC) No 2913/92 – Obligation to state reasons

Citations:

T-135/03, [2005] EUECJ T-135/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 01 July 2022; Ref: scu.230340

Kohler (Judgment): ECJ 15 Sep 2005

ECJ Sixth VAT Directive – Place of taxable transactions – Supplies of goods effected on board cruise ships – Transport effected within the Community – Exclusion of tax where a stop is made in a third territory – Scope of the exclusion.

Citations:

C-58/04

Jurisdiction:

European

European, VAT

Updated: 01 July 2022; Ref: scu.230323

Shierson v Vlieland-Boddy: CA 27 Jul 2005

The debtor claimed that he could not be served with an insolvency petition, being resident in Spain.
Held: The court was to look to where was the centre of his main interests to determine whether to open insolvency proceedings. On that basis, the appeal by the trustee was allowed and the bankruptcy order was restored. The court should have regard not only to what the debtor was doing, but also to what he would be perceived to be doing by an objective observer, and where such an observer would think his centre of interests lay.
By reference to article 2(h) and the commentary of the Virgos-Schmit report, that the carrying on of the activity of letting and managing a multi-let unit at a business park was an ‘establishment’ for the purposes of the Regulation.

Judges:

Chadwick LJ, Longmore LJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 974, Times 26-Sep-2005, [2005] 1 WLR 3966

Links:

Bailii

Statutes:

Council Regulation (EC) (No 1346/2000) 3.1 3.2

Jurisdiction:

England and Wales

Citing:

Cited – Skjevesland v Geveran Trading Company Limited ChD 2002
The registrar had decided that the debtor’s centre of main interests was situated in Switzerland.
Held: Article 3 of Regulation (EC) 1346/2000 did not displace the bankruptcy jurisdiction which (as the registrar found) the High Court would . .
Cited – In re Daisytek-ISA Ltd and others 2004
The court was asked where the centre of main interests of French and German subsidiaries of ISA International plc was situated for the purposes of article 3.1 of the Regulation.
Held: After referring to recital (13) to the Regulation, to the . .
Cited – In re Ci4net.com Inc and another ChD 20-May-2005
It was necessary to decide whether two companies, Ci4net.com Inc and DBP Holdings Limited, had centres of main interests in London.
Held: The court addressed the issue of timing: ‘There were differences between counsel as to the approach which . .

Cited by:

Cited – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
Lists of cited by and citing cases may be incomplete.

Insolvency, European

Updated: 01 July 2022; Ref: scu.229030

Wassen International v OHMI- Stroschein Gesundkost (Selenium-Ace): ECFI 14 Jul 2005

ECJ Community trade mark – Opposition proceedings – Earlier national figurative mark comprising the word element – Selenium Spezial A-‘C-‘E – Application for Community word mark SELENIUM-ACE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Citations:

T-312/03, [2005] EUECJ T-312/03

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 01 July 2022; Ref: scu.228846

Thyssenkrupp Stainless (Anciennement Krupp Thyssen Stainless) v Commission (ECSC): ECJ 14 Jul 2005

ECJ Appeals – ECSC Treaty – Agreements, decisions and concerted practices – Alloy surcharge – Reduction of the fine – Cooperation in the administrative procedure – Attributability of the infringement – Rights of the defence

Citations:

C-73/02, [2005] EUECJ C-73/02

Links:

Bailii

European, Utilities

Updated: 01 July 2022; Ref: scu.228845

D v Inspecteur van de Belastingdienst /Particulieren /Ondernemingen buitenland te Heerlen (Free Movement Of Capital): ECJ 5 Jul 2005

ECJ Tax legislation – Wealth tax – Entitlement to an allowance – Separate treatment of residents and non-residents – Double taxation convention.

Citations:

C-376/03, [2005] EUECJ C-376/03

Links:

Bailii

Cited by:

Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 01 July 2022; Ref: scu.228226

Strabag (Law Relating To Undertakings): ECJ 16 Jun 2005

ECJ Public procurement contracts – Directive 93/38/EEC – Water, energy, transport and telecommunications sectors – Concepts of ‘operation’ and ‘provision’ of networks providing a service to the public in the field of transport by railway – Railway infrastructure works.

Citations:

C-462/03, [2005] EUECJ C-462/03

Links:

Bailii

Statutes:

Directive 93/38/EEC

Jurisdiction:

European

Utilities

Updated: 01 July 2022; Ref: scu.226969

IDT Card Services Ireland Ltd, Regina (on the Application of) v HM Customs and Excise: Admn 21 Dec 2004

Judges:

Moses J

Citations:

[2004] EWHC 3188 (Admin)

Links:

Bailii

Cited by:

Appeal from – Revenue and Customs v IDT Card Services Ireland Ltd CA 27-Jan-2006
Under the Marleasing principle, or principle of conforming interpretation, the domestic court of a member state must interpret its national law so far as possible in the light of the wording and purpose of the Directive in question. However this . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 01 July 2022; Ref: scu.226927

Criminal proceedings against Pupino: ECJ 16 Jun 2005

ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.
‘When applying the national law, the national court that is called on to interpret it must do so as far as possible in the light of the wording and purpose of the framework decision in order to attain the result which it pursues and thus comply with article 34.2(b) EU.’

Citations:

C-105/03, [2005] EUECJ C-105/03, Times 14-Jul-2005, [2006] QB 83

Links:

Bailii

Statutes:

Framework Decision 2001/220/JHA

Jurisdiction:

Human Rights

Cited by:

Cited – Dabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
Cited – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Cited – Assange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Cited – French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal PC 13-Jun-2013
(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits. . .
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
Lists of cited by and citing cases may be incomplete.

European, Police, Extradition

Updated: 01 July 2022; Ref: scu.226968

D v EIB: ECFI 6 Dec 2002

Application for interim measures. Order only.

Citations:

[2002] EUECJ T-275/02

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – D v EIB ECJ 8-Mar-2005
EIB agents – Action for annulment – Admissibility – Extension of the probationary period – Termination of the contract – Conditions – Action for damages . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 30 June 2022; Ref: scu.178759

Secretary of State for the Environment, Food and Rural Affairs, The Pesticides Safety Directorate v Crop Protection Association UK Limited: CA 9 Nov 2001

Appeal by DEFRA against an order declaring unlawful part of the control arrangements operated by the PSD with regard to the parallel import of plant protection products.

Judges:

Lord Justice Simon Brown, Lord Justice Mantell, And, Lord Justice Latham

Citations:

[2001] EWCA Civ 1656, [2002] Eu LR 24, [2002] 1 CMLR 8

Links:

Bailii

Jurisdiction:

England and Wales

European, Agriculture

Updated: 30 June 2022; Ref: scu.166827

Vereniging Voor Energie, Milieu En Water Ea (Energy): ECJ 7 Jun 2005

ECJ Internal market in electricity – Preferential access to the system for cross-border transmission of electricity – Undertaking previously responsible for the operation of services of general economic interest – Long-term contracts existing prior to the liberalisation of the market – Directive 96/92/EC – Principle of non-discrimination – Principles of the protection of legitimate expectation and of legal certainty.

Citations:

C-17/03, [2005] EUECJ C-17/03

Links:

Bailii

Statutes:

Directive 96/92/EC

European, Utilities

Updated: 30 June 2022; Ref: scu.226016

Ministero della Salute v Coordinamento delle associazioni per la difesa dell’ambiente e dei diritti degli utenti e dei consumatori (Codacons), Federconsumatori: ECJ 26 May 2005

ECJ Regulation (EC) No 1139/98 – Article 2(2)(b) – Additional labelling requirement for foodstuffs – Compulsory particulars concerning the presence of material derived from genetically modified organisms (GMOs) – Genetically modified soya beans and maize – Exemption from the requirement in the case of adventitious presence not exceeding a particular level – Foodstuffs intended for particular nutritional use – Infants and young children – Whether derogation applies – Precautionary principle.

Citations:

C-132/03, [2005] EUECJ C-132/03

Links:

Bailii

European, Consumer

Updated: 30 June 2022; Ref: scu.225308

Finanzamt Arnsberg v Stadt Sundern (Taxation): ECJ 26 May 2005

ECJ Sixth Directive – Article 25 – Common flat-rate scheme for farmers – Grant of hunting licences within the framework of a municipal forestry undertaking – Concept of ‘agricultural service’.

Citations:

C-43/04, [2005] EUECJ C-43/04

Links:

Bailii

European, Agriculture, VAT

Updated: 30 June 2022; Ref: scu.225317

Kuipers v Productschap Zuivel: ECJ 26 May 2005

ECJ Common organization of the markets – Milk and milk products – Regulation (EEC) No 804/68 – National scheme under which dairies withhold deductions from the price payable to dairy farmers or pay price supplements to them according to the quality of the milk supplied – Incompatibility

Citations:

C-283/03, [2005] EUECJ C-283/03, [2005] ECR I-4255

Links:

Bailii

European, Agriculture

Updated: 30 June 2022; Ref: scu.225315

Societe d’exportation de produits agricoles SA (SEPA) v Hauptzollamt Hamburg-Jonas: ECJ 26 May 2005

ECJ Export refunds – Beef – Special emergency slaughtering – Regulation (EEC) No 3665/87 – Article 13 – Sound and fair marketable quality – Marketability in normal conditions.

Citations:

C-409/03, [2005] EUECJ C-409/03

Links:

Bailii

European, Agriculture

Updated: 30 June 2022; Ref: scu.225316

Teletech Holdings v OHMI – Teletech International (Teletech Global Ventures): ECJ 25 May 2005

ECJ Community trade mark – Invalidity proceedings – Community word mark TELETECH GLOBAL VENTURES – National word mark TELETECH INTERNATIONAL – Right to be heard – Article 8, paragraph 1 b) and Article 52, paragraph 1 a), the Regulation (EC) No 40/94

Citations:

[2005] EUECJ T-288/03

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

Intellectual Property, European

Updated: 30 June 2022; Ref: scu.225276

Yilmaz v Secretary of State for the Home Department: Admn 26 May 2005

The applicant had sought and been granted temporary leave to stay pending the checking of his documentation. He overstayed, and when he applied to stay permanently he was treated as an illegal immigrant.
Held: He had been properly so treated. A temporary admission merely allowed him not to be detained whilst the document check was made. The breach of a condition of that release made his presence illegal.

Judges:

Beatson J

Citations:

[2005] EWHC 1068 (Admin), Times 27-Jul-2005

Links:

Bailii

Immigration, European

Updated: 30 June 2022; Ref: scu.225288

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 reasonableness of request. Applications refused.

Citations:

[2005] UKVAT V19055

Links:

Bailii

Jurisdiction:

England and Wales

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 . .

Cited by:

Appeal from – 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 . .
At VDT (2) – 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 VDT (2) – 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 VDT (2) – 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: 30 June 2022; Ref: scu.225168

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 goods (called secondary goods) from other suppliers – the Appellant pays the supplier for the secondary goods – whether, when a customer acquires secondary goods from a supplier using his points, the supply of the secondary goods is to the customer – no – or to the Appellant – yes -whether there should be a request to the Court of Justice for a preliminary ruling – no – appeal allowed – VATA 1994 S 2; Art 234 EC
The Tribunal allowed an appeal by LMUK from a ruling made by the Commissioners of Customs and Excise in connection with the treatment for the purposes of VAT of payments made by LMUK in the course of operating the Nectar Loyalty Scheme. The issue was whether LMUK was entitled to recover, as input tax, the VAT element of the amount which it paid to suppliers who, under the Scheme, had agreed to accept Nectar points, or vouchers, in consideration for the supply of goods or services to members of the public. The Commissioners’ ruling was that LMUK was not entitled to do so: ‘There is no supply of redemption services between the Redeemers (Suppliers) and LMUK as regards the rewards fee. The payments made by LMUK to Redeemers represent third party consideration for supplies made by the Redeemers to their customers (the final consumers). Any amounts charged as VAT to LMUK by Redeemers cannot be recovered by LMUK as input tax’.

Judges:

Dr A N Brice

Citations:

[2005] UKVAT V19056

Links:

Bailii

Statutes:

Value Added Tax Act 1994 2, Art 24 EC

Jurisdiction:

England and Wales

Cited by:

At VDT – 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 . .
At VDT – 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 VDT – 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 VDT – 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 VDT – 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 VDT – 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: 30 June 2022; Ref: scu.225147

Naipes Heraclio Fournier v OHMI-France Cartes (Epee D’Un Jeu De Cartes): ECFI 11 May 2005

Community trade mark – Proceedings in relation to invalidity – Article 51(1)(a) of Regulation (EC) No 40/94 – Figurative mark comprising the representation of a sword in a pack of cards – Figurative mark comprising the representation of a knight of clubs in a pack of cards – Figurative mark comprising the representation of a king of swords in a pack of cards – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation No 40/94.

Citations:

T-160/02, [2005] EUECJ T-160/02

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 51(1)(a)

European, Intellectual Property

Updated: 30 June 2022; Ref: scu.224832

Verein fur Konsumenteninformation v Commission: ECFI 13 Apr 2005

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Request relating to a very large number of documents – Total refusal of access – Obligation to carry out a concrete, individual examination – Exceptions
The claimant a consumer had requested production of documents held by the respondent. It wanted the documents to support a claim against a bank, where the Commission had itself carried out an investigation. Access was refused by the Commission saying that the burden of producing the documents was too great.
Held: If an institution wished to deny such a request, the burden of establishing good reasons lay on the institution, which should demonstrate that it had considered all conceivable options, and that each such option would impose an unreasonable burden. Here, the bundle would amount to some47,000, but the commission had not considered the particular documents, only issued a general ban, and had not discharged the onus of showing why access should be refused. The decision was set aside.
Europa Procedure – Intervention – Application for leave to intervene in support of the form of order sought by one of the parties – Application containing additional arguments altering the framework of the dispute – Inadmissibility of those arguments
(Statute of the Court of Justice, Art. 40, fourth para.; Rules of Procedure of the Court of First Instance, Art. 116(3))
European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Obligation on the institution to carry out a concrete, individual examination of the documents – Scope – Exclusion of the obligation – Conditions
(European Parliament and Council Regulation No 1049/2001, Art. 4)
European Communities – Institutions – Right of public access to documents – Regulation No 1049/2001 – Obligation on the institution to carry out a concrete, individual examination of the documents – Failure to perform the obligation – Breach of principle of proportionality – Examination proving particularly onerous and inappropriate – Derogation from the obligation to examine – Burden of proof on the institution – Obligation on the institution to consult with the applicant
(European Parliament and Council Regulation No 1049/2001, Art. 4)

Citations:

T-2/03, [2005] EUECJ T-2/03, Times 20-May-2005

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

European, Administrative, Information

Updated: 29 June 2022; Ref: scu.224464

Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005

ECJ Community trade mark – d-proceedings – Application for Community figurative mark containing the word element – monBeBe – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, b) and paragraph 5 of Regulation (EC) No 40/94

Judges:

MM Jaeger P

Citations:

T-164/03, [2005] EUECJ T-164/03

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 29 June 2022; Ref: scu.224393

ATOMIC Austria v OHMI (Judgment): ECFI 20 Apr 2005

ECJ Community trade mark – Word mark ATOMIC BLITZ – Opposition of the proprietor of national word marks ATOMIC – Evidence of renewal of registration of the earlier mark – Scope of the examination conducted by OHIM – Rejection of opposition – Article 8(1)(b) of Regulation (EC) No 40/94

Citations:

T-318/03, [2005] EUECJ T-318/03

Links:

Bailii

European, Intellectual Property

Updated: 29 June 2022; Ref: scu.224470

Duarte Y Beltran v OHMI – Mirato (Intea): ECFI 13 Apr 2005

ECJ Community trade mark –opposition – Community word mark INTEA – Earlier national word marks INTESA – d-Refusal to register – Relative ground for refusal – Article 8 paragraph 1 b) of Regulation (EC) No 40/94

Citations:

T-353/02, [2005] EUECJ T-353/02

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 29 June 2022; Ref: scu.224273

Gillette v OHM I- Wilkinson Sword (Right Guard Xtreme Sport): ECFI 13 Apr 2005

ECFI Community trade mark – d-proceedings – Application for Community figurative mark RIGHT GUARD XTREME SPORT – Earlier national figurative mark WILKINSON SWORD XTREME III – Likelihood of confusion – Refusal-registration – Article 8, paragraph 1 b) of Regulation (EC) No 40/94

Citations:

T-286/03, [2005] EUECJ T-286/03

Links:

Bailii

European, Intellectual Property

Updated: 29 June 2022; Ref: scu.224275

Marchiori v The Environment Agency: CA 25 Jan 2002

The applicant appealed a refusal to order judicial review of the grant of licences for the discharge of radio-active waste from Ministry of Defence installations. The respondent treated the de-commissioning of nuclear warheads and the maintenance of current warheads together, as required for the defence of the nation. It did not see its duty as to weigh up the rationality of a nuclear defence capacity. It was submitted that refusal was an unjustified restriction on the test of the need for the waste discharge.
Held: The conduct of the defence of the nation was a matter for the Crown. The 1993 Act did not require assessment of that policy. There was nothing to support the argument that the policy was repugnant to humanitarian principles of international law

Judges:

Lord Justice Thorpe, Lord Justice Laws, And, Mr Justice Morland

Citations:

[2002] EWCA Civ 3, [2002] Eu LR 225

Links:

Bailii

Statutes:

Radioactive Substances Act 1993 13(1), Council Directive 80/836/Euratom

Jurisdiction:

England and Wales

Citing:

Cited – Chandler (TN) v Director of Public Prosecutions HL 12-Jul-1962
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 29 June 2022; Ref: scu.167527

Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.

Judges:

Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson

Citations:

Times 25-Feb-2002, [2001] EWCA Civ 1847, [2002] 1 CMLR 21, [2001] NPC 181, [2002] Env LR 24, [2001] 50 EGCS 91

Links:

Bailii

Statutes:

Council Directive 96/29/Euratom Art 6.1

Jurisdiction:

England and Wales

Environment, European, Utilities

Updated: 29 June 2022; Ref: scu.166981

Sace and Sace BT v Commission: ECJ 23 Nov 2017

(Judgment) Appeal – State aid – Export credit insurance – Reinsurance cover granted by a public undertaking to its subsidiary – Capital contributions to cover losses of the subsidiary – Concept of State aid – Imputability to the State – Private Investor Criteria

Citations:

C-472/15, [2017] EUECJ C-472/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 29 June 2022; Ref: scu.601053

Keller (Social Security For Migrant Workers): ECJ 12 Apr 2005

ECJ Social security – Articles 3 and 22 of Regulation No 1408/71 – Article 22 of Regulation No 574/72 – Hospital treatment in a Member State other than the competent Member State – Need for vital urgent treatment – Transfer of the insured person to a hospital institution in a non-member country – Scope of forms E 111 and E 112

Citations:

C-145/03, [2005] EUECJ C-145/03

Links:

Bailii

European, Benefits

Updated: 29 June 2022; Ref: scu.224103

Sempra Metals Ltd v Inland Revenue and Another: CA 12 Apr 2005

The court was asked whether it was contrary to Community law – specifically, the provisions then contained in article 52 of the EC Treaty (now renumbered as article 43) – for the domestic tax law in the United Kingdom to differentiate, in the treatment of advance corporation tax on dividends paid by a subsidiary company to its parent, between cases where both subsidiary and parent were resident in the United Kingdom for tax purposes and cases where the subsidiary was resident in the United Kingdom but the parent was resident in another member state.

Judges:

Chadwick, Laws, Jonathan Parker LJJ

Citations:

[2005] EWCA Civ 389, Times 26-Apr-2005, [2005] Eu LR 773, [2005] 3 WLR 521, [2005] NPC 52, [2006] QB 37, [2005] BTC 202, [2005] STC 687, [2005] 2 CMLR 30

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another ChD 16-Jun-2004
The claimants were due to have substantial sums repaid after it had been found that the system of making premature reclaims of advance corporation tax had been was discriminatory under European Law.
Held: The sums payable were to carry . .

Cited by:

Appeal from – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 29 June 2022; Ref: scu.224101

Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines.
Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings at which they were committed to prison.
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to 26 applicants; No violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to 26 applicants; No violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c; Non-pecuniary damage – finding of violation sufficient (with regard to Art. 6); Non-pecuniary damage – financial award (with regard to Art. 5); Pecuniary damage – financial award (with regard to two applicants); Costs and expenses partial award.

Citations:

Times 10-Mar-2005, 47676/99, 29798/96, [2005] ECHR 144, [2005] ECHR 147, [2006] RA 329

Links:

Worldlii, Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights 6

Citing:

Cited – Regina v Alfreton Justices, Ex Parte Gratton QBD 25-Nov-1993
The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his . .
Lists of cited by and citing cases may be incomplete.

European, Human Rights, Magistrates

Updated: 29 June 2022; Ref: scu.223799

Secretary of State for Work and Pensions v Carlos Bobezes: CA 16 Feb 2005

The Regulations provided that income support was not payable for a dependent child for any period of four weeks or more where the child was outside Great Britain. The claimant, a Portuguese national had come to Great Britain but had been incapable of work for incapacity. His child returned to Portugal to stay with his grandmother from time to time. He said that the regulatins discriminated indirectly against migrant workers.
Held: The Regulations were indirectly discriminatory Where it was otherwise clear that such a regulation affected a significant number of people in this way statistical evidence might not be necessary to support a claim. The test was through a comparison between the children of resident and migrant workers.

Judges:

Lord Justice Pill, Lord Justice Buxton and Lord Slynn Of Hadley

Citations:

[2005] EWCA Civ 111, Times 14-Mar-2005

Links:

Bailii

Statutes:

Income Support (General) regulations 1987 (1987 No 1967)

Jurisdiction:

England and Wales

Citing:

Applied – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Discrimination, European

Updated: 29 June 2022; Ref: scu.222713

SPAG v OHMI – Dann and Becker: ECFI 1 Feb 2005

ECJ (Hooligan) (Intellectual Property) – Community mark – Opposition proceedings – Application for Community word mark HOOLIGAN – Earlier word marks OLLY GAN – Matters of fact or of law outside OHIM’s jurisdiction – Admissibility – Likelihood of confusio

Citations:

T-57/03, [2005] EUECJ T-57/03, [2005] ECR II-287

Links:

Bailii

European, Intellectual Property

Updated: 29 June 2022; Ref: scu.222625

Chiquita Brands and Others v Commission: ECFI 3 Feb 2005

ECJ Common organisation of the markets – Bananas – Action for compensation – Regulation No 2362/98 – Agreement establishing the WTO and annexed agreements – Recommendations and rulings of the dispute settlement body of the WTO

Citations:

T-19/01, [2005] EUECJ T-19/01, ECLI:EU:T:2005:31

Links:

Bailii

European, Agriculture

Updated: 29 June 2022; Ref: scu.222622

Merck, Sharp and Dohme: ECJ 20 Jan 2005

ECJ (Approximation of Laws) – Directive 89/105/EEC – Medicinal products for human use – Application for entry on a positive list – Nature of the time-limit for responding – Mandatory nature – Consequences of exceeding the time-limit

Citations:

C-245/03, [2005] EUECJ C-245/03, [2005] ECR I-637

Links:

Bailii

Statutes:

Directive 89/105/EEC

European

Updated: 28 June 2022; Ref: scu.221551

Honeywell Aerospace (Customs Union): ECJ 20 Jan 2005

ECJ Community transit – Incurrence of a customs debt in the event of offences or irregularities – Consequence of the lack of indication to the principal of the time-limit for furnishing proof of the place where the offence or irregularity occurred

Citations:

C-300/03, [2005] EUECJ C-300/03

Links:

Bailii

European, Customs and Excise

Updated: 28 June 2022; Ref: scu.221549

Hotel Scandic Gasaback (Taxation): ECJ 20 Jan 2005

EJ Sixth VAT Directive – Articles 2, 5(6) and 6(2) – Provision of meals in a company canteen for a price lower than the cost price – Taxable amount

Citations:

C-412/03, [2005] EUECJ C-412/03, [2005] STC 1311, [2005] CEC 335, [2005] 1 CMLR 38, [2005] STI 138, [2007] BVC 391, [2007] BTC 5372, [2005] ECR I-743

Links:

Bailii

European, VAT

Updated: 28 June 2022; Ref: scu.221550

Noteboom v Rijksdienst voor Pensioenen: ECJ 20 Jan 2005

ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Old-‘age benefits – Holiday pay- given to persons entitled to a retirement pension – Unemployed frontier worker receiving benefit of a pension scheme

Judges:

N Colneric (Rapporteur) AP

Citations:

C-101/04, [2005] EUECJ C-101/04

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

European, Benefits

Updated: 28 June 2022; Ref: scu.221553

In re Ci4net.com Inc and another: ChD 20 May 2005

It was necessary to decide whether two companies, Ci4net.com Inc and DBP Holdings Limited, had centres of main interests in London.
Held: The court addressed the issue of timing: ‘There were differences between counsel as to the approach which the court should adopt to a company which . . . had its CoMI in England whilst it was active in the market place, but which has ceased to trade. Mr Clarke [counsel for the companies] would agree with Ms Stonefrost [counsel for the creditor bank] to the extent that the EC Regulation should be applied in a manner which will discountenance attempts by a company to ‘forum shop’. It is, both would accept, important that trade creditors should know in what jurisdiction they will be able to pursue the assets of the company if it leaves their debts unpaid. It would, Ms Stonefrost said in her oral submissions, ‘be contrary to the policy of the EC Regulation for a company to be able to remove itself from the jurisdiction by ceasing to trade’. This, Mr Clarke said, goes too far. The question of timing is, he said, of importance. Mr Clarke accepts that a more or less cynical removal of the seat of a company’s operations from the EU to a non-EU territory a few weeks or months before the business goes to the wall would not be regarded as working an alteration in the CoMI of the company. There is, however a great difference between that and a restructuring of the business which is carried out for sound commercial reasons long before the question of insolvency proceedings becomes live. In the latter situation the policy against forum shopping does not raise a bar to a change in the company’s CoMI being effected upon the company’s ceasing to trade in the EU.’ and ‘The differences between counsel is, I think, one of emphasis rather than of principle. . . . To the limited extent to which I think there is a material controversy here, I prefer Mr Clarke’s approach. In my judgment Ms Stonefrost comes too close to saying (although she did not in fact say it) that, once a company has a CoMI within the EU, it is stuck with that CoMI on ceasing to trade, notwithstanding the time at which, or the circumstances in which, that cessation occurs.’
‘The notion of the location of a business shifting as its director moves from one country to another does not sit easily with the policy which underlies the EC Regulation. A business must under the EC Regulation have a CoMI and, in my judgment, a CoMI must have some element of permanence.’ and ‘The CoMI of [Ci4net.com Inc] was until at least April 2001 in London, and what has occurred since is not sufficient (even if supported by the presumption in favour of the place of the registered office) to justify a finding that the CoMI is now elsewhere.’

Citations:

[2004] EWHC 1941 (Ch)

Jurisdiction:

England and Wales

Cited by:

Cited – Shierson v Vlieland-Boddy CA 27-Jul-2005
The debtor claimed that he could not be served with an insolvency petition, being resident in Spain.
Held: The court was to look to where was the centre of his main interests to determine whether to open insolvency proceedings. On that basis, . .
Lists of cited by and citing cases may be incomplete.

Insolvency, European

Updated: 28 June 2022; Ref: scu.249854

Storck v OHMI (Emballage D’Un Bonbon): ECFI 10 Nov 2004

ECFI Community trade mark – Figurative mark representing the form of a twisted wrapper (shape of a sweet wrapper) – Subject-matter of the application – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character in consequence of use – Article 7(3) of Regulation (EC) No 40/94 – Right to be heard – Article 73(1) of Regulation (EC) No 40/94 – Examination of the facts by OHIM of its own motion – Article 74(1) of Regulation (EC) No 40/94.

Citations:

T-402/02, [2004] EUECJ T-402/02

Links:

Bailii

European, Intellectual Property

Updated: 27 June 2022; Ref: scu.219378

Kaul v OHMI- Bayer (Arcol): ECFI 10 Nov 2004

(Community trade mark – Opposition proceedings – Application for Community word mark ARCOL – Earlier Community word mark CAPOL – Scope of the assessment conducted by the Board of Appeal – Assessment of evidence adduced before the Board of Appeal

Citations:

T-164/02, [2004] EUECJ T-164/02

Links:

Bailii

European, Intellectual Property

Updated: 27 June 2022; Ref: scu.219372

Blackburn Chemicals Ltd v Bim Kemi Ab: CA 10 Nov 2004

The parties entered into exclusive cross marketing agreements. The defendant resisted enforcement of the contract saying it was void under European law, being contrary to Article 81. The parties were alleged to have agreed to make cross purchases. It was argued that the issue was res judicata.
Held: The defendant could raise the issue before the award of damages was made. The article was intended to protect the public. The court had to see first whether there was an action estoppel, which could only be negated by fraud or collusion. If that did not apply, the court could look to see if there was a Henderson estoppel.

Judges:

Lord Justice May Lord Justice Kennedy Lord Justice Longmore

Citations:

[2004] EWCA Civ 1490, Times 22-Nov-2004

Links:

Bailii

Statutes:

EC Treaty 81

Jurisdiction:

England and Wales

Citing:

Appeal from – Bim Kemi Ab v Blackburn Chemicals Limited ComC 6-Feb-2004
. .
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Thoday v Thoday CA 1964
The court discussed the difference between issue estoppel, and action estoppel: ‘The particular type of estoppel relied upon by the husband is estoppel per rem judicatam. This is a generic term which in modern law includes two species. The first . .
See Also – Bim Kemi v Blackburn Chemicals Ltd CA 3-Apr-2001
The question was the degree of connection which must be shown between (1) a claim for unliquidated damages for breach of a contract and (2) a cross-claim for unliquidated damages for breach of a different contract between the same parties, in order . .
See Also – Bim Kemi Ab v Blackburn Chemicals Ltd ComC 30-Jan-2002
. .
See Also – Bim Kemi Ab v Blackburn Chemicals Ltd CA 13-Feb-2003
. .
See Also – Bim Kemi Ab v Blackburn Chemicals Ltd SCCO 24-Jun-2003
. .
See Also – Bim Kemi Ab v Blackburn Chemicals Ltd CA 24-Jun-2003
It had been argued by the claimant in written submissions (although not maintained orally) that an order for payment of pre-judgment interest on costs should never be made. As to an award of interest on costs:- ‘In any event in principle there seems . .
Lists of cited by and citing cases may be incomplete.

European, Contract

Updated: 27 June 2022; Ref: scu.219337

Addison and Another (t/a Brayton News) v Ashby: EAT 17 Jan 2003

The applicant was a 15 year old paper boy. He sought holiday pay under the regulations. The employer resisted, saying he was not a worker under the regulation, being still in compulsory full time education.
Held: No formal system of holidays operated. Children were not explicitly excluded from the Working Time Directive, but were rather dealt with under the Young Persons’ Directive. The Working Time Regulations defined two kinds of workers by age, implicitly excluding children in compulsory full time education. The arrangements for such were rather provided by regulations derived from the Young Person’s Directive, and which did not include a right to holiday pay.

Judges:

Burke QC, Dawson and MacArthur

Citations:

Times 24-Jan-2003, [2003] UKEAT 0851 – 01 – 1701, [2003] All ER (D) 98, [2003] ICR 667, [2003] IRLR 211

Links:

Bailii

Statutes:

Working Times Regulations 1998 (1998 No 1833) 2, Working Time Directive (93/104/EEC), Young Persons Directive (94/33/EC)5 11, Children and Young Persons Act 1933 18 30(1), Children (Protection at Work) Regulations 1998 (1998 No 276)

Jurisdiction:

England and Wales

Employment, Children, European

Updated: 27 June 2022; Ref: scu.178773

Alcon v OHMI (Order): ECJ 5 Oct 2004

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Invalidity of Community trade mark – Article 51 of Regulation No 40/94 – Absolute ground for refusal to register – Article 7(1)(d) of Regulation No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94 – Term -BSS

Citations:

C-192/03, [2004] EUECJ C-192/03

Links:

Bailii

European, Intellectual Property

Updated: 23 June 2022; Ref: scu.216600

Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

The applicant, a Kuwaiti citizen of previous good character had been ordered to be deported after serving a sentence for drugs and dishonesty. He sought review of the IAT’s refusal of his appeal, arguing that Rule 162 of the 1983 rules required the Home Secretary to apply the same rules to both EC and non-EC nationals, and that contrary to EC law, a deportation could not be based solely on a conviction.
Held: The appeal failed. The rules expressly allowed for different treatment of non-EC citizens. The decision could be made in the light of the severity of the offence itself. The cases involving deportation by criminal courts had no direct application. Taylor LJ said: ‘Those cases [sc. Nazari and later authorities of the CACD] were all concerned with the correct approach by a trial judge to recommending deportation. They did not purport to define or limit the scope of the Secretary of State’s discretion under s.(3)(5)(b) [now s.3(5)(a)] of the Act… In Hukam Saib, Stocker LJ said at page 378: ‘ . . it is to be noted that the case [of Nazari] was an appeal to the Criminal Division of this court, and related to guidelines which the court was laying down (so far as it was possible to lay down general guidelines) for the guidance of courts in making recommendations for deportation. It did not, and did not purport to lay down any guidelines for the exercise of his discretion by the Secretary of State’.’

Judges:

Taylor LJ

Citations:

[1992] IAR 223, [1992] Imm AR 223

Statutes:

Immigration Act 1971 3(5)(b) 19, Immigration Rules 1983 34 69 162

Jurisdiction:

England and Wales

Cited by:

Cited – B v Secretary of State for Home Department CA 18-May-2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Immigration, European

Updated: 23 June 2022; Ref: scu.191191

Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (3): ECJ 5 Oct 2004

ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions

Citations:

C-397/01, [2004] EUECJ C-397/01

Links:

Bailii

Statutes:

Directive 93/104/EC

European, Health and Safety

Updated: 21 June 2022; Ref: scu.215891

Jean-Claude Arblade, Arblade and Fils SARL v Bernard Leloup, Serge Leloup, Sofrage SARL: ECJ 23 Nov 1999

ECJ Freedom to provide services – Temporary deployment of workers for the purposes of performing a contract – Restrictions.

Citations:

C-376/96, [1999] EUECJ C-376/96, [1999] ECR I-8453

Links:

Bailii

Cited by:

Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 21 June 2022; Ref: scu.215850

Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 3: ECJ 5 Oct 2004

ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions

Citations:

C-400/01, [2004] EUECJ C-400/01

Links:

Bailii

European, Health and Safety

Updated: 21 June 2022; Ref: scu.215894

Euro Tombesi, Santella etc: ECJ 25 Jun 1997

ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93

Judges:

G.F. Mancini, P

Citations:

C-342/94, [1997] EUECJ C-342/94

Links:

Bailii

Statutes:

Council Regulation (EEC) No 259/93, Council Directive 91/156/EEC, Council Directive 91/689/EEC

Cited by:

See Also – Tombesi and Others ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .
See Also – Tombesi ECJ 25-Jun-1997
(Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/9 . .
See Also – Criminal proceedings against Tombesi and others ECJ 25-Jun-1997
ECJ Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93
Waste includes substances discarded by their owners, even if they ”have a commercial value and are . .
Cited – Attorney-General’s Reference (No 5 of 2000) CACD 6-Jun-2001
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Crime

Updated: 21 June 2022; Ref: scu.215814