Sixth VAT Directive – Article 21(1)(c) – Persons liable to tax – Person mentioning the tax on an invoice – Tax paid in error by a non-taxable person and included in the invoice established by that person
JP Puissochet, P
C-79/02, [2003] EUECJ C-79/02
Updated: 21 June 2022; Ref: scu.213881
(State Aid)
[2003] EUECJ C-399/00
European
Updated: 21 June 2022; Ref: scu.213859
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-498/00, [2004] EUECJ C-498/00
Updated: 21 June 2022; Ref: scu.213786
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-491/00, [2004] EUECJ C-491/00
Updated: 21 June 2022; Ref: scu.213784
ECJ (Social Policy) 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
[2004, ECR I-2005, C-84/01, [2004] EUECJ C-84/01
Updated: 21 June 2022; Ref: scu.213789
ECJ Community trade mark – Regulations (EC) Nos 2868/95 and 40/94 – Costs of opposition proceedings – Partial withdrawal of the trade mark application – Withdrawal of opposition – Tax Refund of Appeal – Obligation to state reasons.
T-156/02, [2004] EUECJ T-156/02
Updated: 21 June 2022; Ref: scu.213805
ECJ 1. Article 37 of the ecsc treaty, which is in direct relation to the second paragraph of article 2, assigns to the high authority, subject to review by the court, an exceptional power enabling it to deal with the consequences arising from the application of clauses of the treaty which do not specifically refer to the existence or the threat of fundamental and persistent disturbances.
2. The essential aim of article 37 is to allow for the reconciliation of the interests of a member state affected by the existence of fundamental and persistent disturbances or the threat of this ( in application of the basic provision set out in the second paragraph of article 2 ) and the general interests of the community. The measures adopted to this end by the high authority must be necessary and appropriate and must therefore constitute a proper remedy to the disturbed situation whilst safeguarding the essential interests of the community.
The satisfaction of these conditions is subject to review by the court which has been given extremely wide powers in this respect.
3. It is evident from the wording of the first paragraph of article 37 that the right to raise the matter with the high authority is held exclusively by the state in which the disturbed situation has appeared or has threatened to appear.
4. Only the member state concerned may institute proceedings against the express or implied refusal of the high authority to accede to its request or against a decision adopting measures which it regards as being insufficient.
The other member states also have the capacity to institute proceedings under the third paragraph of article 37 to contest the existence of disturbances or the necessity and appropriateness of measures adopted by the high authority.
5. On the other hand, undertakings do not have the right to rely on the third paragraph of article 37 since proceedings under this provision put in question the political responsibility of the member states and of the high authority, particularly in respect of reconciliation of the general interest of a member state with the general interest of the community.
Undertakings and associations of undertakings also have no right, by virtue of article 33 on its own or in conjunction with article 37, to contest a decision taken by the high authority under the second paragraph of article 37 since any judgment of the high authority’s use of the special power assigned to it by article 37 should in any event be based not on the provisions of article 33 but on those of article 37.
C-3/60, [1961] EUECJ C-3/60
Updated: 21 June 2022; Ref: scu.213752
(Competition) Competition – Undertakings – Sickness funds – Agreements, decisions and concerted practices – Interpretation of Articles 81 EC, 82 EC and 86 EC – Decisions of groups of sickness funds determining maximum amounts paid in respect of medicinal products
C-306/01, [2004] EUECJ C-306/01
Updated: 21 June 2022; Ref: scu.213776
ECJ 1. The court has jurisdiction over the legality of decisions taken by the high authority, but it is not the function of the court to ensure respect for national law in force in a member state, and this is true even of constitutional laws. Therefore the court may neither interpret nor apply national law.
2. Community law, such as it arises under the ecsc treaty, does not contain any general principle, whether explicit or otherwise, guaranteeing the maintenance of vested rights.
3. By article 65 (2), the high authority shall authorize specialization agreements or joint-buying or joint-selling agreements if it finds that the conditions set out in paragraphs 2 (a), (b) and (c) are fulfilled. Such authorization therefore depends on a finding which, of its very nature, comprises an assessment of the situation created by the facts or economic circumstances, and for this reason is partly immune from review by this court. Therefore the high authority has an absolute duty to state specific reasons for these authorizations and this rule must be strictly observed. Those reasons must enable the interested parties, as also the court should occasion arise, to check the information on which the high authority has relied in finding that the requirements necessary for the granting of its authorization are met so as to be in a position to examine whether the authorization was rightly granted as a matter both of fact and of law.
4. The advantages which the selling agencies may derive from trading with the smallest possible number of wholesalers do not constitute a sufficient reason to justify the restriction which is thereby imposed on trade, particularly since the very purpose for which the selling agencies have been created is to take away from the mines the effort involved or organizing the sale of their products on a commercial basis and their function, which is to furnish wholesalers with supplies, constitutes the essential reason for their authorized joint-selling agreement.
C-36/59, C-38/59, [1960] EUECJ C-38/59
Updated: 21 June 2022; Ref: scu.213748
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-484/00, [2004] EUECJ C-484/00
Updated: 21 June 2022; Ref: scu.213781
ECJ (Social Policy) 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
C-50/01, [2004] EUECJ C-50/01
Updated: 21 June 2022; Ref: scu.213788
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-489/00, [2004] EUECJ C-489/00
Updated: 21 June 2022; Ref: scu.213782
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-482/00, [2004] EUECJ C-482/00
Updated: 21 June 2022; Ref: scu.213780
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-490/00, [2004] EUECJ C-490/00
Updated: 21 June 2022; Ref: scu.213783
ECJ Competition – Undertakings – Sickness funds – Agreements, decisions and concerted practices – Interpretation of Articles 81 EC, 82 EC and 86 EC – Decisions of groups of sickness funds determining maximum amounts paid in respect of medicinal products
[2004] 4 CMLR 22, C-355/01, [2004] EUECJ C-355/01
Updated: 21 June 2022; Ref: scu.213778
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-481/00, [2004] EUECJ C-481/00
See Also – Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-499/00 ECJ 25-Mar-2004
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.213779
C-219/00, [2004] EUECJ C-219/00P
Updated: 21 June 2022; Ref: scu.213757
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-497/00, [2004] EUECJ C-497/00
Updated: 21 June 2022; Ref: scu.213785
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers
C-499/00, [2004] EUECJ C-499/00
See Also – Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-481/00 ECJ 25-Mar-2004
Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.213787
ECJ Competition – Undertakings – Sickness funds – Agreements, decisions and concerted practices – Interpretation of Articles 81 EC, 82 EC and 86 EC – Decisions of groups of sickness funds determining maximum amounts paid in respect of medicinal products
[2004] ECR I-2493, C-354/01, [2004] EUECJ C-354/01
Updated: 21 June 2022; Ref: scu.213777
1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course to an employee of the undertaking at its registered office, the effect of which is to bring the letter within the control of that undertaking
(Treaty, article 36).
2. The treaty is not infringed when the high authority determines the extent and manner of publication of price lists and conditions of sale, pursuant to article 60(2)(a) of the treaty, laying down, inter alia, that they shall be communicated to it, article 60(2)(a) must be viewed in this connexion as a special provision in relation to article 47
(Treaty, articles 47 and 60).
3. Article 64 also covers offences against decisions of the high authority regulating publication of prices and conditions of sale pursuant to article 60(2)(a)
Treaty, articles 60(2)(a) and 64.
4. If a decision of the high authority imposing a fine is the subject-matter of an action, the court is empowered not only to annul but also to amend the decision taken, by reducing the amount of an excessive fine, since this is an action in which the court has unlimited jurisdiction. It has this power even in the absence of formal conclusions to that effect.
(Treaty, article 36).
C-8/56, [1957] EUECJ C-8/56
Updated: 21 June 2022; Ref: scu.213743
(Investments )
[1957] EUECJ C-1/57
European
Updated: 21 June 2022; Ref: scu.213745
ECJ Judgment – State aid – Airport charges – Lubeck Airport – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Article 107, paragraph 1, TFEU – Manifest error of assessment – Article 10 of Regulation ( EC) 659/1999
T-461/12, [2014] EUECJ T-461/12
Regulation ( EC) 659/1999 10, TFEU 107
European
Updated: 21 June 2022; Ref: scu.536490
C-266/91, [1993] EUECJ C-266/91
European
Updated: 21 June 2022; Ref: scu.160796
It follows from the provisions of Regulation No 1408/71 that the only international social security conventions which fall within its field of application are those to which at least two Member States are contracting parties and that the regulation applies to conventions concluded with one or more non-member States only in so far as relations between Member States are concerned. On the other hand, no provision of the regulation covers conventions concluded between a single Member State and one or more non-member States, either as regards the question whether and to what extent the scheme of the regulation is to replace them or as regards the application of the principle of equal treatment. It must therefore be concluded that the regulation was intended to exclude such conventions from its field of application.
In those circumstances Article 1(j) of Regulation No 1408/71 must be interpreted as meaning that the concept of ‘legislation’ referred to in that article does not cover the provisions of international social security conventions concluded between a single Member State and a non-member State. That interpretation is not invalidated by the fact that such conventions have been incorporated, as statute law, into the domestic legal order of the Member State concerned.
C-23/92, [1993] EUECJ C-23/92, [1993] ECR I-4505
European
Updated: 21 June 2022; Ref: scu.160855
1. Tax provisions – Harmonization of laws – Tax exemptions for temporary importation of means of transport and permanent importation of individuals’ personal property – Normal residence for the purposes of Directives 83/182 and 83/183 – Definition – Means of proof – National rules incompatible with the Community rules
(Council Directives 83/182, Art. 7, and 83/183, Art. 6)
2. Freedom of movement for persons – Rights of entry and residence of nationals of Member States – Stamping of travellers’ passports by the national authorities in order to check the period of time temporarily imported vehicles remain in Greece – Permissible
(Council Directive 73/148, Arts 2(1) and 3(1))
3. Tax provisions – Harmonization of laws – Tax exemptions for temporary importation of means of transport – Stamping of travellers’ passports by the national authorities in order to check the period of time temporarily imported vehicles remain in Greece – Permissible
(Council Directive 83/182, Art. 7(3))
4. Tax provisions – Harmonization of laws – Tax exemptions for temporary importation of means of transport – Re-export of re-hired vehicles – Setting of a particular time-limit – Not permissible
(Council Directive 83/182, Art. 3(b))
C-9/92, [1993] EUECJ C-9/92, [1993] ECR I-4467
European
Updated: 21 June 2022; Ref: scu.160845
Europa Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological value. The obligations on Member States under those articles exist even before any reduction is observed in the number of birds or any risk of a protected species becoming extinct has materialized.
In implementing Directive 79/409 on the conservation of wild birds, Member States are not authorized to invoke, at their option, grounds of derogation based on taking other interests into account. With respect, more specifically, to the obligation to take special conservation measures for certain species under Article 4 of the directive, such grounds must, in order to be acceptable, correspond to a general interest which is superior to the general interest represented by the ecological objective of the directive. In particular, the interests referred to in Article 2 of the directive, namely economic and recreational requirements, do not enter into consideration, as that provision does not constitute an autonomous derogation from the general system of protection established by the directive.
In choosing the territories which are most suitable for classification as special protection areas pursuant to Article 4(1) of Directive 79/409 on the conservation of wild birds, Member States have a certain discretion which is limited by the fact that the classification of those areas is subject to certain ornithological criteria determined by the directive, such as the presence of birds listed in Annex I to the directive, on the one hand, and the designation of a habitat as a wetland area, on the other. However, Member States do not have the same discretion under Article 4(4) of the directive to modify or reduce the extent of such areas.
Where there has been a failure to classify a suitable area, in breach of Article 4, the requirements of Article 4(4) must still be complied with.
C-355/90, [1993] ECR I-4221, [1993] EUECJ C-355/90
European
Cited – Bown v Secretary of State for Transport CA 31-Jul-2003
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.160604
Regulation No 1626/85 on protective measures applicable to imports of certain Morello cherries, as amended in the German, Greek, English, French, Italian and Dutch versions by Regulation No 1712/85, must be interpreted as meaning that the countervailing charge for which it provides in the event of the minimum import price not being respected cannot be levied if the importer has bought the goods from an intermediary who is not established in the country of origin of the goods, where it is certain that both the price paid by the importer to the intermediary and that importer’ s subsequent resale price exceed the minimum price. In such a case, the purpose of Regulation No 1626/85, which is to protect the Community market from the sale of imported products at abnormally low prices, is achieved.
C-81/92, [1993] EUECJ C-81/92
European
Updated: 21 June 2022; Ref: scu.160893
ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally applicable. This interpretation is confirmed by the third subparagraph of article 19(2) of the EEC Treaty which, while it refers only to the common customs tariff, is not limited in scope to this area but allows the conclusion to be drawn that the authors of the treaty were aware of the difference between those duties legally applicable and those actually applied and that by using the words ‘duties applied’ they intended to refer to those duties which were actually applied.
2. According to the principles of international law, a member state which by virtue of the entry into force of the eec treaty, assumes new obligations which conflict with rights held under an earlier agreement, refrains from exercising such rights to the extent necessary for the performance of its new obligations; article 234 of the EEC Treaty only guarantees the rights held by third countries under earlier agreements.
C-10/61, [1962] EUECJ C-10/61, [1962] ECR 1
European
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.131642
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – Article 52 of the EC Treaty (now, after amendment, Article 43 EC) – Article 5 of the EC Treaty (now Article 10 EC)
[2002] EUECJ C-467/98
European
Updated: 21 June 2022; Ref: scu.178330
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the Crown Prerogative.
Held: The appeal failed (Majority 8 to 3). Leaving the EU would inevitably involve alteration of citizens’ statutory rights, and as such parliamentary approval was required, and the government could not rely solely on use of the Crown Prerogative to issue the notice. The giving of the notice would lead to an inevitable conclusion.
‘although the 1972 Act gives effect to EU law, it is not itself the originating source of that law. It is . . echoing the illuminating analysis of Professor Finnis, the ‘conduit pipe’ by which EU law is introduced into UK domestic law. So long as the 1972 Act remains in force, its effect is to constitute EU law an independent and overriding source of domestic law.’
. . And: ‘ the fact that EU law will no longer be part of UK domestic law if the United Kingdom withdraws from the EU Treaties does not mean that Parliament contemplated or intended that ministers could cause the United Kingdom to withdraw from the EU Treaties without prior Parliamentary approval. There is a vital difference between changes in domestic law resulting from variations in the content of EU law arising from new EU legislation, and changes in domestic law resulting from withdrawal by the United Kingdom from the European Union. The former involves changes in EU law, which are then brought into domestic law through section 2 of the 1972 Act. The latter involves a unilateral action by the relevant constitutional bodies which effects a fundamental change in the constitutional arrangements of the United Kingdom.’
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Reed, Lord Carnwath, Lord Hughes, Lord Hodge
[2017] UKSC 5, [2017] 2 WLR 583, [2017] WLR(D) 53, UKSC 2016/0196, [2017] NI 141, [2018] AC 61, [2017] HRLR 2, [2017] 1 All ER 593, [2017] 2 CMLR 15
Bailii, Bailii Summary, WLRD, SC, SC Summary, Vid 0512am, Vid 0512pm, Vid 0612am, Vid 0612pm, Vid 0712am, Vid 0712pm, Vid 0812am, Vid 0812pm, SC Vid ummary
European Union Act 2011, European Parliamentary Elections Act 2002 1, European Communities Act 1972, European Communities (Amendment) Act 2002, Treaty on the Functioning of the European Union, Bill of Rights 1688 1 2, Claim of Right Act 1689
England and Wales
Cited – Proclamations, Case of KBD 1-Nov-1610
The King, as the executive government, sought to govern by making proclamations. In particular the court rejected the proposition that ‘the King by his proclamation may prohibit new buildings in and about London’
Held: The monarch had no power . .
Cited – Secretary of State in Council of India v Kamachee Boye Sahab PC 9-Jul-1859
‘The transactions of independent states between each other are governed by other laws than those which municipal courts administer: such courts have neither the means of deciding what is right, nor the power of enforcing any decision which they may . .
Cited – Rustomjee v The Queen QBD 1876
The Sovereign acts ‘throughout the making of the treaty and in relation to each and every of its stipulations in her sovereign character, and by her own inherent authority; and, as in making the treaty, so in performing the treaty, she is beyond the . .
Cited – The Zamora PC 1916
Lord Parker said: ‘The idea that the King in Council, or indeed any branch of the Executive, has power to prescribe or alter the law to be administered by the Courts of law in this country is out of harmony with the principles of our Constitution. . .
Cited – Attorney General v De Keyser’s Royal Hotel Ltd HL 10-May-1920
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers.
Held: There is an . .
Cited – Joyce v Director of Public Prosecutions HL 1948
The defendant was an American citizen but held a British passport. After the outbreak of war between Great Britain and Germany in 1939, he delivered from German territory broadcast talks in English hostile to Great Britain.
Held: His . .
Cited – Burmah Oil Company (Burma Trading) Limited v Lord Advocate HL 21-Apr-1964
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the . .
Appeal from – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Appeal from – McCord, Re Judicial Review QBNI 28-Oct-2016
The claimant made application for judicial review of the stated intention of the Government of the UK to issue an article 50 notice to leave the EU, by means of the use of the royal Prerogative. They said that any use of the royal prerogative had . .
Cited – Post Office v Estuary Radio Ltd CA 1968
On the proper inerpretation of the legislation, the extent of application of the legislative regime is determined by reference to the concept of the UK’s territorial waters as defined from time to time by the Crown. When the exercise of the Royal . .
Cited – Laker Airways v Department of Trade CA 15-Dec-1976
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
Cited – 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 . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Regina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
Cited – 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 – Thoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg Admn 30-Jul-1993
The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by . .
Cited – Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi CA 9-Jul-1998
The claimant had made more than one application for emergency housing.
Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – The Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
Cited – 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 . .
Cited – Higgs and Mitchell v The Minister of National Security and others PC 14-Dec-1999
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
Held: The appeals failed. The Bahamas was a member of the Organisation of American States, . .
Cited – Thoburn v Sunderland City Council etc Admn 18-Feb-2002
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it . .
Cited – Kobler v Republik Osterreich ECJ 30-Sep-2003
The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – Van Gend En Loos v Administratie Der Belastingen ECJ 5-Feb-1963
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Cited – Flaminio Costa v ENEL (Procedure) ECJ 15-Jul-1964
‘The transfer by the states from their domestic legal system to the Community legal system of their rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent . .
Cited – Blackburn v Attorney-General CA 10-May-1971
The complainant sought to argue that entry to Europe would be unlawful in that it involved surrender of the sovereignty of the Queen in Parliament. The respondent accepted that the Bill would involve some surrender of power, but that it was a lawful . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – HS2 Action Alliance and Another, Regina (on The Application of) v The Secretary of State for Transport and Another CA 11-Mar-2015
. .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – JR65, Re Judicial Review CANI 16-Mar-2016
The appellant challenged the absolute prohibition within the province of the giving of blood by any male who had had sex with another male, saying that the ban was incompatible with European law.
Held: The request for review was refused, but . .
Cited – Shindler and Another v Chancellor of The Duchy of Lancaster and Another CA 20-May-2016
UK free to disenfranchise citizens resident abroad
The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of . .
Cited – Madzimbamuto v Lardner-Burke PC 23-Jul-1968
(Southern Rhodesia) The Board considered a submission that legal effect should be given to a convention that the UK Parliament would not legislate without the consent of the government of Southern Rhodesia on matters within the competence of the . .
Cited – Attorney-General v Jonathan Cape Ltd 1976
The Attorney-General sought restraint on the publication of certain materials in the diary of Richard Crossman, a former cabinet minister, submitting that the protection from disclosure of Cabinet papers was based on collective responsibility.
Cited – Resolution to amend the Constitution 28-Sep-1981
Supreme Court of Canada
The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen . .
Cited – Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers SCS 2-Feb-2012
The company sought a reclaiming motion after dismissal of their request for judicial review of the 2010 Act of the Scottish Parliament.
Held: The appeal against the Lord Ordinary’s interlocutor was refused.
Lord Reed said that the nature . .
Cited – Attorney-General, ex rel McWhirter v Independent Broadcasting Authority CA 1972
The court should not interfere in decisions made by broadcasting companies allocating television time to parties before elections unless it is of the view that they were irrational in not giving enough weight to those matters in allocating it only . .
See Also – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Cited – Cherry, Joanna Cherry QC Mp and Others for Judicial Review SCS 4-Sep-2019
(Outer House) . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Cited – Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.573344
C-259/91, [1993] EUECJ C-259/91
European
Updated: 21 June 2022; Ref: scu.160791
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Held: The stay was lifted.
Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales
[2020] UKSC 5, [2020] Bus LR 659, [2020] 3 CMLR 11, [2020] 2 All ER 637, [2020] WLR(D) 115, [2020] 1 WLR 1033, [2020] 2 All ER (Comm) 1, UKSC 2018/0177
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary, SC Summary Video, SC 2019 Jun 18am Video, SC 2019 Jun 18 pm Video, SC 2019 Oct 7 am Video, SC 2019 Oct 7 pm Video, SC 2019 Oct 8 am Video, SC 2019 Oct 08 pm Video, SC 2019 Oct 9 am video, SC 2019 Oct 9 pm Video
England and Wales
At ComC – Micula and Others v Romania and Another ComC 20-Jan-2017
. .
At ComC (2) – Micula and Others v Romania ComC 15-Jun-2017
Claimant’s application for security or leave to appeal.
Held: Leave given. . .
Cited – Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
Cited – Spain v Commission C-415/96 ECJ 12-Nov-1998
ECJ (Judgment) State aid for undertakings in the textile sector – Consequences of an annulling judgment for acts preparatory to the act annulled . .
Cited – Masterfoods Ltd v HB Ice Cream Ltd ECJ 14-Dec-2000
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice . .
Cited – Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd ECJ 21-Nov-2013
ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation . .
Cited – ArcelorMittal Tubular Products Ostrava and Others v Commission ECJ 18-Oct-2018
Dumping – Imports of certain seamless pipes and tubes of iron or steel originating in China – Modification of the TARIC additional code for a company – Action for annulment – Challengeable act – Whether directly concerned – Individual concern – . .
Cited – European Food and Others v Commission ECFI 18-Jun-2019
State aid – Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) – Payment of compensation granted to certain economic operators – Decision declaring the aid . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Cited – Air Canada and Others v Emerald Supplies Limited and Others CA 14-Oct-2015
Appeal against case management directions given by Peter Smith J. . .
Cited – Van Munster v Rijksdienst voor Pensioenen ECJ 5-Oct-1994
(Judgment) security – Freedom of movement for workers – Equal treatment for men and women – Old-age pension – Increase for dependent spouse. . .
Cited – Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck ECJ 7-Dec-2011
Constitutions Compatibility with EU law
ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the . .
Cited – Budejovicky Budvar National Corporation v Rudolf Ammersin GmbHr ECJ 5-Feb-2009
Europa Geographical indications and designations of origin Interpretation of the judgment of the Court of Justice of 18 November 2003 in Case C’216/01 Budejovicky Budvar Exclusive nature of Regulation No . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Shindler and Another v Chancellor of The Duchy of Lancaster and Another CA 20-May-2016
UK free to disenfranchise citizens resident abroad
The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of . .
Cited – Commission EEC v Italy ECJ 27-Feb-1962
ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally . .
Cited – Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment) ECJ 2-Aug-1993
The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working . .
Cited – Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith ECJ 28-Mar-1995
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention.
In so . .
Cited – Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener ECJ 5-Nov-2002
The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.648173
1. While Article 5(2) of Regulation No 269/79 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs requires that tracer products be incorporated in the butter in the course of its processing and their uniform distribution throughout the concentrated butter, it does so for the purpose of enabling the intervention butter sold at a reduced price to be distinguished from other butter until its final use and of thus preventing it from being diverted from its intended use. In view of this risk, it is necessary to interpret that provision as meaning that it requires the tracer products to be uniformly distributed not only throughout the heated concentrated butter but also throughout the cooled concentrated butter.
Article 22(5) of the same regulation is to be interpreted as meaning that it is for the competent national authority to prove that the conditions laid down in Article 5 of the regulation have not been fulfilled and, on the other hand, it is for the national court to determine, in accordance with its national law, whether the taking of a sample during the transport of the concentrated butter and the results of the analysis of that sample may be used to establish such an infringement.
2. Since the processing security required by Regulation No 262/79 was instituted in order to ensure that the purchaser of public stock butter intended for processing complies with one of his principal obligations, namely the incorporation in the butter of certain products determined on the basis of its intended use and thus enabling it to be distinguished from other butter, breach of this obligation in the absence of force majeure may be penalized by total forfeiture of that security without such forfeiture constituting a breach of the principle of proportionality. A fortiori, Article 22(5) of the regulation does not infringe this principle inasmuch as it provides for the forfeiture only of that part of the security corresponding to the batch in respect of which the purchaser has not fulfilled his obligation is to be forfeit, and for only partial forfeiture of the security in the event of a shortfall of less than 20% in the quantity of the tracer products to be incorporated.
C-87/92, [1993] EUECJ C-87/92, [1993] ECR I-4623
European
Updated: 21 June 2022; Ref: scu.160895
In the case of the implementation of a directive into the internal legal order of a Member State, the existence of a practice consistent with the objectives of protection referred to by the directive cannot relieve a Member State of the obligation to transpose that directive by provisions appropriate for the purpose of creating a situation which is sufficiently precise, clear and transparent in order to enable individuals to know their rights and their obligations. In order to ensure the full application of directives, not only in fact but also in law, the Member States must provide for a precise statutory framework in the sector in question. Thus, a provision of a directive which requires national authorities to act in a specified manner cannot be regarded as properly transposed where the Member State in question has not adopted any specific measures for implementing the provision and has confined itself to affirming that that conduct resulted generally from the application of the rules of good management which its administrative authorities are required to observe.
C-366/89, [1993] EUECJ C-366/89
European
Updated: 21 June 2022; Ref: scu.160391
The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of European law supporting freedom of movement. The EU had recognised that the decision of a Member State to withdraw is an exercise of national sovereignty which is governed by its own constitutional arrangements. The Act fell outside the scope of European law. Nor did any right at common law override the precedence given to an Act of Parliament.
Lord Dyson MR said that ‘Parliament agreed to join the EU by exercising sovereign powers untrammelled by EU law and I think it would expect to be able to leave the EU in the exercise of the same untrammelled sovereign power’.
Lord Dyson MR, Elias, King LJJ
C1/2016/1796, [2016] EWCA Civ 469, [2016] WLR(D) 273, [2016] HRLR 14, [2016] 3 WLR 1196, [2017] QB 226, [2016] 3 CMLR 23
Bailii, Judiciary, JGU Summary, WLRD
England and Wales
Appeal from – Shindler and Another v Chancellor of The Duchy of Lancaster and Another Admn 28-Apr-2016
The claimants challenged the franchise for the forthcoming European Referendum which excluded them rom voting on the basis that they were not resident within the UK and had neot been registered to vote here for more than five years.
Held: ‘1) . .
Cited – McCord, Re Judicial Review QBNI 28-Oct-2016
The claimant made application for judicial review of the stated intention of the Government of the UK to issue an article 50 notice to leave the EU, by means of the use of the royal Prerogative. They said that any use of the royal prerogative had . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.564452
The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is fully complied with by refraining from applying any conflicting provision of national legislation, unless the application of such a provision is necessary in order to ensure the performance by the Member State concerned of obligations arising under an agreement concluded with non-member countries prior to the entry into force of the EEC Treaty.
While it is true that equal treatment of men and women constitutes a fundamental right recognized by the Community legal order, its implementation, even at Community level, has been gradual, requiring the Council to take action by means of directives. Those directives allow, temporarily, certain derogations from the principle of equal treatment. In those circumstances, it is not sufficient to rely on the principle of equal treatment in order to evade performance of the obligations which are incumbent on a Member State in that field under an earlier international agreement and observance of which is safeguarded by the first paragraph of Article 234 of the Treaty.
In proceedings for a preliminary ruling, it is not for this Court but for the national court to determine which obligations are imposed by an earlier international agreement on the Member State concerned and to ascertain their ambit so as to be able to determine the extent to which they constitute an obstacle to the application of Article 5 of the directive.
C-158/91, [1993] EUECJ C-158/91
European
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.160725
(Judgment) Failure by a Member State to fulfil its obligations – Conclusion and application by a Member State of a bilateral ‘open skies’ agreement with the United States of America – Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) – External competence of the Community – Article 52 of the EC Treaty (now, after amendment, Article 43 EC) – Article 5 of the EC Treaty (now Article 10 EC)
C-468/98, [2002] EUECJ C-468/98
European
Updated: 21 June 2022; Ref: scu.178331
Article 9(d) of Directive 71/305 concerning the coordination of procedures for the award of public works contracts allows, in exceptional circumstances, derogations from the general rules, in particular those concerning advertising. However, such derogations are not available if the authorities awarding contracts have sufficient time to arrange for an accelerated tendering procedure of the kind provided for in Article 15 of the directive.
C-107/92, [1993] EUECJ C-107/92, [1993] ECR I-4655
European
Updated: 21 June 2022; Ref: scu.160905
Article 11 of Regulation No 823/87 laying down special provisions relating to quality wines produced in specified regions must be interpreted, regard being had to the actual wording of paragraph 2 thereof, as meaning that no quantity of wine which exceeds the yield per hectare fixed by the competent Member State may be marketed as quality wine produced in a specified region.
C-289/91, [1993] EUECJ C-289/91, [1993] ECR I-4439
European
Updated: 21 June 2022; Ref: scu.160813
Articles 12(2) and 46 of Regulation No 1408/71 do not preclude the application of a national rule against overlapping benefits when determining a pension in accordance with national legislation alone. However, those articles do preclude such application when determining a pension under Article 46.
When calculating a pension under Article 46, the rule against overlapping benefits laid down in Article 46(3), the purpose of which is to avoid unjustified overlapping which could result in particular from the duplication of insurance periods and other periods treated as such, does not apply to a person who worked in two Member States during one and the same period and was compelled to pay old-age pension insurance contributions in both States during that period. In that situation the pension granted to him in one Member State cannot be reduced on the ground that he is simultaneously in receipt of a pension in another Member State.
C-31/92, [1993] EUECJ C-31/92
European
Updated: 21 June 2022; Ref: scu.160861
Although the Member States are not required to have the same systems of penalties for offences relating to value added tax payable on importation and for offences relating to the same tax in connection with transactions within the country, since the two categories of offence cannot be equally easily detected, the degree of difficulty in detecting an offence cannot justify a manifest disproportion in the severity of the penalties laid down for the two categories of offence. Such disproportion arises, thus constituting a failure to fulfil the obligations arising from Article 95 of the Treaty, where offences committed on importation give rise to the confiscation of the goods in respect of which the offence was committed and a fine equivalent to the value of those goods or up to twice that amount, whereas offences under the domestic system are punishable only by a fine proportionate to the amount of tax evaded.
C-276/91, [1993] EUECJ C-276/91
European
Updated: 21 June 2022; Ref: scu.160804
1. The distinction between benefits excluded from the scope of Regulation No 1408/71 and benefits which come within it is based essentially on the constituent elements of each benefit, in particular its purpose and the conditions for granting it, and not on whether it is classified as a social security benefit by national legislation.
A benefit may be regarded as an unemployment benefit within the meaning of Regulation No 1408/71 where it is granted – without any individual and discretionary assessment of personal needs – on the basis of a legally defined position, solely to unemployed persons who are elderly or suffering from partial incapacity for work and, where applicable, to their spouses, and where it takes the place of public unemployment benefit, is paid only until the person concerned reaches the statutory retirement age and only if he is available for employment.
The fact that such a scheme is financed by the public authorities is irrelevant because Article 4(2) of the regulation provides that the regulation applies to non-contributory schemes.
2. 2. Pursuant to the first sentence of Article 68(2) of Regulation No 1408/71, the competent institution of a Member State whose legislation provides that the amount of unemployment benefits varies with the number of members of the family must also take into account, for the calculation of benefits, members of the family of the person concerned who are residing in the territory of another Member State as though they were residing in the territory of the competent State. If the amount of an unemployment benefit provided for by national legislation may vary according to the family situation of the person concerned, the national legislation in question comes within the scope of that provision, irrespective of the methods of calculation used. Subject to the case described in the second sentence of Article 68(2), that provision precludes benefits granted to a national of another Member State from being calculated without taking account of his spouse who lives in another Member State.
C-66/92, [1993] EUECJ C-66/92
European
Updated: 21 June 2022; Ref: scu.160885
The defendant MEP sought an order staying the defamation action brought against her by four MPs from the Rotherham area. She said that as an MEP she had a procedural immunity. She had informed the European Commission that she sought the protection which might be available.
Held: The right approach to the decision in Marra is to treat the term ‘informed’ as requiring a formal communication to the court from the Parliament. There is good reason for that approach, as it gives effect to the underlying principle which is one of co-operation between the Parliament and the national bodies, in their capacities as institutions. Further, this approach allows the Parliament a role in assessing a request for the defence of privilege before it decides to communicate with a national court. The stay should be granted pending the reply of the Parliament, but it would then be for the national court to make the decision.
Warby J
[2016] EWHC 1166 (QB)
England and Wales
Cited – Criminal Proceedings Against Zwartveld and Others ECJ 13-Jul-1990
Europa European Communities – Institutions – Obligations – Duty to cooperate with national authorities acting to ensure respect for Community law – Implementation – Disclosure of documents and authorization of . .
Cited – Marra v De Gregorio C-200/07 ECJ 21-Oct-2008
ECJ Reference for a preliminary ruling European- Parliament – Leaflet issued by a Member of the European Parliament containing insulting remarks Claim for non-pecuniary damages Immunity of Members of the European . .
Cited – Patriciello (Privileges And Immunities) ECJ 9-Jun-2011
ECJ Member of the European Parliament – Article 8 of the Protocol on the Privileges and Immunities – Scope of the concept of’opinion expressed in the exercise of parliamentary duties’ – Criminal proceedings for . .
See Also – Barron MP and Others v Collins MEP QBD 29-Apr-2015
Trial of preliminary issues in for defamation. The claimants, MPs for Rotherham areas, said that a speech by the defendant to the UKIP conference and repeated on TV contained assertions defamatory of them.
Held: The words complained of bore . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 June 2022; Ref: scu.564497
(Judgment)
T-275/01
European
Updated: 18 June 2022; Ref: scu.233994
Injury suffered whilst on holiday in Tenerife
Moore-Bick, Black, Gloster LJJ
[2015] EWCA Civ 598, [2015] 2 CLC 15, [2016] Lloyd’s Rep IR 94, [2015] WLR(D) 265, [2016] 1 WLR 905, [2015] CP Rep 39
Council Regulation (EC) No 44/2001 11(2)
England and Wales
Updated: 17 June 2022; Ref: scu.549104
ECJ Order – Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(c) and (j) – Word mark CASTEL – Indication of geographical origin – Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly inadmissible in part and manifestly unfounded in part
S. Rodin, P
C-622/13, [2015] EUECJ C-622/13 – CO, ECLI:EU:C:2015:297
European
Updated: 17 June 2022; Ref: scu.546592
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have been foreseen was not a proper reason for creating an exemption not founded in EU law. The legislation was territorial, and was not legisalting extra-territorially when it covered a domestic dismissal occuring technically abroad. The legislation was intended to reflect EU law, which also made no such distinction.
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Reed, Lord Carnwath
[2015] UKSC 63, [2016] IRLR 34, [2015] 3 WLR 1105, [2016] 1 CMLR 42, [2015] ICR 1347, [2016] 1 All ER 857, [2015] WLR(D) 441, [2016] AC 463, UKSC 2014/0073
Bailii, WLRD, Bailii Summary, SC, SC Summary
Trade Union and Labour Relations (Consolidation) Act 1992 188ff, Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, State Immunity Act 1978
England and Wales
Cited – Sengupta v Republic of India 1983
India did not appear at court to take a point on jurisdiction under the 1978 Act. The Court asked for the appointment of an amicus to assist it.
Held: The court has a duty under statute to give the effect to the immunity conferred, even though . .
Cited – Littrell v Government of the United States of America and Another (No 2) CA 24-Nov-1993
The plaintiff claimed damages for personal injuries arising from medical treatment which he had received at a United States military hospital in the United Kingdom while a serving member of the United States Air Force.
Held: Section 16(2) . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Appeal from – The United States of America v Nolan CA 4-Feb-2014
The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to . .
At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
AT CA (1) – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
Cited – Goodwin v The United Kingdom ECHR 27-Mar-1996
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to . .
At CA – United States of America v Nolan CA 24-Nov-2010
. .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia ECJ 18-Nov-1999
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 . .
Cited – HM Revenue and Customs v Vodafone 2 CA 28-Jul-2006
The inspector had sought additional information from the company with respect to its tax returns, believing that the company had not provided sufficient information about the earnings of foreign controlled companies. They now challenged the ability . .
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Cited – Salomon v Customs and Excise Commissioners CA 1966
Diplock LJ said: ‘The Convention is one of those public acts of state of Her Majesty’s Government of which Her Majesty’s judges must take judicial notice if it be relevant to the determination of a case before them, if necessary informing themselves . .
Cited – Regina v Kohn CACD 1979
An overdraft facility was property which could be the subject of a charge of theft. In the context of the presentation of a cheque, improperly presented to a bank but which the bank pays, it was a theft of a chose in action by the person who . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
Cited – Oakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
Cited – Coditel Brabant v Commune d’Uccle, Region de Bruxelles-Capitale (Law Relating To Undertakings) ECJ 13-Nov-2008
ECJ Public procurement – Tendering procedures Public service concessions – Concession for the operation of a municipal cable television network – Awarded by a municipality to an inter-municipal cooperative . .
Cited – Scattolon v Ministero Dell Istruzione, Dell Universita E Della Ricerca ECJ 5-Apr-2011
ECJ (Opinion) Social policy – Directive 77/187/EEC – Safeguarding of employees rights in the event of transfers of undertakings – Transfer of staff of a public entity to another public person – Recognition by 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 – The Case of the SS ‘Lotus’ PCIJ 1927
Jurisdiction is primarily territorial in both international and domestic law: ‘the first and foremost restriction imposed by international law upon a state is that – failing the existence of a permissive rule to the contrary – it may not exercise . .
Cited – F Hoffmann-La Roche Ltd v Empagran SA 14-Jun-2004
United States Supreme Court – the Supreme Court reflected on matters of comity in relation to US competition law in the Sherman Act, saying that a state has jurisdiction to prescribe law with respect to ‘(a) conduct that, wholly or in substantial . .
Cited – Mangold v Helm ECJ 22-Nov-2005
ECJ Grand Chamber – Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age . .
Cited – Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08 ECJ 12-Mar-2009
ECJ (Opinion) European citizenship Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after . .
Cited – Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08 ECJ 12-Mar-2009
ECJ (Opinion) European citizenship – Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed . .
Cited – Kucukdeveci v Swedex GmbH and Co KG ECJ 19-Jan-2010
ECJ Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of . .
Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
Cited – Association De Mediation Sociale v Union Locale Des Syndicats CGT ECJ 15-Jan-2014
ECJ Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing staff to certain thresholds of employees – . .
Cited – Benkharbouche and Another v Embassy of The Republic of Sudan CA 5-Feb-2015
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human . .
Cited – Commission v United Kingdom (Judgment) ECJ 8-Jun-1994
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for . .
Cited – Martinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
Cited – UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another EAT 27-Sep-2007
The employer appealed against a protective award made for failing to consult the union on prospective redundancies.
Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been . .
Cited – Cukurova Finance International Ltd and Another, Regina (on The Application of) v HM Treasury and Another Admn 29-Sep-2008
The claimant contended that section 2(2)(b) of the the 1972 Act did not confer power on Her Majesty’s Treasury to make the 2003 Regulations and, accordingly, they should be quashed or, alternatively, construed so as to be intra vires. . .
Cited – Bullimore v Pothecary Witham Weld etc EAT 21-Sep-2010
EAT SEX DISCRIMINATION – COMPENSATION
H, a partner in a firm of solicitors, PWW, by whose predecessor C had previously been employed gave an unfavourable reference to another firm, S, with whom she was . .
Cited – ITV Broadcasting Ltd and Others v TV Catchup Ltd PatC 18-Jul-2011
. .
At SC – The United States of America v Nolan CA 4-Feb-2014
The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to . .
At SC – United States of America v Nolan ECJ 22-Mar-2012
ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation . .
Cited – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.553630
ECJ (Order Of The Court) Appeal – Application before the General Court of the European Union signed by a ‘juris kandidat’ – No representation by a lawyer – Article 19 of the Statute of the Court of Justice of the European Union – Manifest inadmissibility of the action
Ilesic P
C-101/14, [2014] EUECJ C-101/14 – CO
European
Updated: 17 June 2022; Ref: scu.535357
ECJ (Advocate General’s Opinion) (French Text) Public Health – Blood Donation – Donor Eligibility – Criteria for permanent or temporary exclusion – Definitive exclusion of men who had sex with another man – Principle of non-discrimination on grounds of sexual orientation – proportionality
Mengozzi AG
C-528/13, [2014] EUECJ C-528/13 – O, ECLI: EU: C: 2014:2112
European
Updated: 17 June 2022; Ref: scu.535366
ECJ (Order Of The Court) – Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Lack of sufficient information regarding the factual and legislative context of the main proceedings and the reasons justifying the need for an answer to the question – Manifest inadmissibility
C-107/14, [2014] EUECJ C-107/14 – CO
European
Updated: 17 June 2022; Ref: scu.535355
ECJ (Advocate General’s Opinion) Common European Asylum System – Directive 2004/83/EC – Refugee status – Directive 2005/85/EC – Assessment of applications for international protection – Assessment of facts and circumstances – Credibility of an applicant’s averred sexual orientation
Sharpston AG
C-148/13, [2014] EUECJ C-148/13 – O, ECLI:EU:C:2014:2111, [2014] EUECJ C-148/13
European
Updated: 17 June 2022; Ref: scu.535356
[2013] EWCA Civ 1543, [2014] 1 Lloyd’s Rep IR 75
England and Wales
Followed – Jacobs v Motor Insurers Bureau CA 27-Oct-2010
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law . .
Overruled – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.518495
ECFI Community trade mark – Opposition proceedings – Application for Community word mark ERGO – Earlier Community word mark URGO – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 40 / 94 [now Article 8, paragraph 1 b) of Regulation (EC) No 207/2009]
T-220/09, [2011] EUECJ T-220/09
European
Updated: 17 June 2022; Ref: scu.442286
ECFI Community trade mark – Opposition proceedings – Application for Community word mark ERGO – Earlier Community and national word marks Cergo – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Obligation to rule on the entire resort – Scope of review to be conducted by the Board of Appeal – Article 64, paragraph 1 of Regulation No 207/2009
T-382/09, [2011] EUECJ T-382/09
European
Updated: 17 June 2022; Ref: scu.444103
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law would apply to assessment of damages.
Held: The appeal succeeded. The Regulations provide for English law to govern the measure of recovery, and there was nothing in the Sixth Directive to the contrary.
Moore-Bick LJ concluded first that regulation 13 must contemplate the victim being able to show the existence of liability on the part of the person responsible for the accident. The answer on this point lay, he considered, in the words ‘shall compensate the injured party in accordance with the provisions of article 1’ of the Second Directive. He went on: ‘I think it is reasonably clear from the recitals to the Second Directive that its purpose was to assimilate the position of the victim of an unidentified or uninsured driver or vehicle to that of the victim of an identified and insured driver or vehicle; it is not its purpose to require the establishment of a system of no-fault compensation. It is, therefore, implicit in the scheme of the Second Directive that the victim must be able to establish that the driver is liable to him in respect of his injuries, but whether that requires proof of fault will depend on the law of the country in which the accident occurred. The reference in regulation 13(1)(c)(ii) to an insurance undertaking which insures the use of the vehicle assumes the existence of a liability on the part of the driver which ought to be, but is not, covered by insurance. It follows, in my view, that the obligation imposed on the bureau by regulation 13(2)(b) to compensate the injured party in accordance with the provisions of article 1 of the Second Directive carries with it the implicit proviso that the injured party must be able to show that the driver is liable to him. As in the case of a claim under regulation 12, that is a question to be determined by reference to the applicable law identified in accordance with the appropriate conflicts of laws rules. At the time the 2003 Regulations were made the applicable rules were those of the Private International Law (Miscellaneous Provisions) Act 1995, but since the introduction of Rome II, the rules set out in that Regulation will apply and will normally lead to the application of the law of the country in which the accident occurred.’
Laws, Moore-Bick, Rimer LJJ
[2010] EWCA Civ 1208, [2011] 1 WLR 2609, [2011] 1 All ER 844, [2011] 1 All ER (Comm) 445, [2011] RTR 2
Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Regulation EEC No. 864/2007
England and Wales
Appeal from – Jacobs v Motor Insurers Bureau QBD 16-Feb-2010
The UK claimant was seriously injured in Spain. The negligent car driver was not insured. The parties now disputed which law would apply in assessing the damages payable by the defendant. . .
Overruled – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Followed – Bloy v Motor Insurers’ Bureau CA 29-Nov-2013
. .
Cited – Moreno v The Motor Insurers’ Bureau QBD 17-Apr-2015
The claimant suffered injury in a road traffic accident in Greece. The responsible driver was uninsured. She claimed here under the MIB scheme, and the court was now asked whether Greek or UK law governed the assessment of damages.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.425585
The claimant had applied for but been refused asylum. His appeal was outstanding, but he made a new asylum application. That had not been determined within a year.
Held: The EU directive laying down minimum standards for the reception of asylum seekers required the claimant to be allowed to work.
Lord Justice Hughes, Mr Justice King and Judge Radford
Times 01-Jun-2009
England and Wales
Updated: 17 June 2022; Ref: scu.374248
The question of how to balance double taxation provisions when considering deduction of tax at source under such an agreement with a member from dividends paid by a UK company to its Dutch parent is one to be settled by the European court. This was a question of whether this constituted a ‘withholding tax’ forbidden by the Directive.
Times 21-Nov-2000
UK/Netherlands Double Taxation Agreement
England and Wales
Updated: 17 June 2022; Ref: scu.82354
The father sought to have registered here, a French order for parental contact. The mother had brought the child to England with the consent of the court, and then obtained an apparently conflicting order here.
Held: There was a conflict between the Regulation and the Convention as scheduled to the 1985 Act. The London order had been expressly set out in order to allow the gradual bringing into effect of the French order, and so did not conflict with it. Access orders cannot be treated as having been written in stone, and enforcement after some time and in different circumstances may be problematic. The Regulation prevailed over the Act. When the mother became resident in England, the French court ceased to have exclusive jurisdiction. The judge was correct to order the registration of the father’s order here and to make his own order. Appeal and cross-appeal dismissed.
Thorpe, Potter, Tuckey LJJ
Times 19-Nov-2003, Gazette 08-Jan-2004, Gazette 15-Jan-2004
Council Regulation EC/1347/2000, Child Abduction and Custody Act 1985
England and Wales
Updated: 16 June 2022; Ref: scu.188222
The House referred to the European Court the question as to whether an environmental impact assessment was required if outline permission having been granted without an assessment, the matter proceeds with approval of the matters reserved.
Bingham of Cornhill, Steyn, Hope of Craighead, Hutton, and Scott of Foscote
[2003] UKHL 45
England and Wales
Updated: 16 June 2022; Ref: scu.184237
Appeal – Members of the staff of the European Investment Bank – Dismissal – Interpretation of the Staff Regulations of the European Investment Bank – Plea alleging mistaken characterisation of the legal nature of the facts and an error in the statement of reasons – Alleged infringement of the rules applicable to relations between the European Investment Bank and its staff
C-449/99, [2001] EUECJ C-449/99P, C-449/99, [2001] EUECJ C-449/99
European
Updated: 14 June 2022; Ref: scu.166675
IAT Although Article 12 of Regulation EEC 1612/68 was not repealed by Directive 2004/38/EC, any rights which the family members of an EEA national may have under it after the EEA national has ceased working but remained in the United Kingdom are not unconditional but subject to demonstrating self sufficiency and the possession of comprehensive sickness insurance in the United Kingdom.
Spencer SIJ
[2008] UKAIT 00034, [2008] UKAIT 34
Regulation EEC 1612/68 12, Directive 2004/38/EC
England and Wales
Updated: 14 June 2022; Ref: scu.267097
A part time worker who attended a full time course on union matters connected with her employment was discriminated against when not paid the full time taken by the course. Since the majority of part time workers were women, a provision resulting in part timers having to spend unpaid time for which a full time worker would be paid was indirect discrimination.
EAT European Material – Article 19
The Honourable Mr Justice Morison (P)
Times 26-Oct-1999, Gazette 10-Nov-1999, EAT/449/97, [1999] UKEAT 449 – 97 – 1509
Updated: 14 June 2022; Ref: scu.205592
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Old age and survivors’ insurance – Article 46a(3)(c) – Award of benefits – National rules against overlapping – Derogation – Concept of ‘voluntary insurance or continued optional insurance’ – National pension under a compulsory insurance scheme – Possibility of requesting an exemption from affiliation for a certain period – Scope of the statement issued by the competent institution of another Member State – Regulation (EEC) No 574/72 – Article 47
A. Tizzano, P
[2015] EUECJ C-114/13, ECLI:EU:C:2015:81
Regulation (EEC) No 1408/71, Regulation (EEC) No 574/72 47
European
Opinion – Bouman v Rijksdienst voor Pensioenen ECJ 4-Mar-2014
ECJ (Opinion) Preliminary ruling – Regulation (EEC) No 1408/71 – Article 46 bis, paragraph 3 c) – Social security for migrant workers – Old Age and Survivors Insurance – Calculation of benefits – National rules . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.565704
C-342/88
European
Updated: 14 June 2022; Ref: scu.134979
ECJ (Opinion) Preliminary ruling – Regulation (EEC) No 1408/71 – Article 46 bis, paragraph 3 c) – Social security for migrant workers – Old Age and Survivors Insurance – Calculation of benefits – National rules against overlapping – Definition of” voluntary insurance or optional continued ‘- National pension under a compulsory insurance scheme with the possibility to request exemption from affiliation to that scheme for a certain period – Scope of the certificate issued by the competent institution of another Member State – Regulation (EC) No 574/72 – Article 47
Maciej Szpunar AG
C-114/13, [2014] EUECJ C-114/13
Regulation (EEC) No 1408/71, Regulation (EC) No 574/72
European
Opinion – Bouman v Rijksdienst voor Pensioenen ECJ 12-Feb-2015
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Old age and survivors’ insurance – Article 46a(3)(c) – Award of benefits – National rules against overlapping – . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.521986
1. Articles 4(1) and 7(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security preclude national legislation which authorizes male and female workers to take retirement as from an identical age from retaining in the method of calculating the pension a difference according to sex which is itself linked to the difference in pensionable age which existed previously.
2. Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security may, where the directive has not been implemented, be relied on as from 23 December 1984 by individuals before national courts in order to preclude the application of any national provision inconsistent with that article.
3. Where there has been an infringement of Article 4(1) of the directive, the disadvantaged group is entitled to have the same rules applied to it as those applied to the advantaged group in the same situation, those rules remaining, in the absence of the correct implementation of the directive, the only valid point of reference
C-154/92, [1993] EUECJ C-154/92, [1993] ECR I-3811
European
Updated: 14 June 2022; Ref: scu.160930
Proper interpretation of the 2008 Regulations in the context of a test purchase of goods or services.
Held: ‘a commercial practice for the purposes of article 2(d) of the Directive (and thus regulation 2(1) of the 2008 Regulations) may be constituted by or derived from a test purchase made of a product (including a service) that is generally promoted to and intended for purchase by consumers, even where the purchaser may not himself be a consumer. Specifically, the giving to the test purchaser of an invoice or other document incorporating false information as to a main characteristic of the product (including the execution of a service) that would mislead the average consumer into paying for services that he has not received (which he would not otherwise have done) is a commercial practice which is a misleading action for the purposes of regulations 5 and 9 of the 2008 Regulations, being ‘directly connected with the promotion, sale or supply of a product to . . consumers’.’
[2018] EWHC 3007 (Admin)
Consumer Protection from Unfair Trading Regulations 2008
England and Wales
Updated: 13 June 2022; Ref: scu.630573
The appellant had been prosecuted for alleged offences.
Latham, Rix, Longmore LJJ
[2001] EWCA Civ 1346
Animal Health Act 1981 69, Export of Animals (Protection) Order 1981, Council Directive 77/489/EEC
England and Wales
Updated: 13 June 2022; Ref: scu.201268
The Court considered the application of a three month limitation period, imposed by the Regulations. Lord Justice Dyson said: ‘It would be strange if a complaint could not be brought until the process has been completed. It may be too late to challenge the process by then. A contract may have been concluded with the successful bidder. Even if that has not occurred, the longer the delay, the greater the cost of re-running the process and the greater the overall cost. There is every good reason why Parliament should have intended that challenges to the lawfulness of the process should be made as soon as possible. They can be made as soon as there has occurred a breach which may cause one of the bidders to suffer loss. There was no good reason for postponing the earliest date when proceedings can begin beyond that date. Mr. Lewis suggests that there is such a reason. He points out that if, in a case such as this, the limitation period runs from the date of publication of the tender documents, it will be possible for the contracting authority to rule out any real possibility of a challenge by issuing an invitation in breach of the regulations and then not taking any further steps in relation to tenders until after the three months period has expired. I confess that I find this an unlikely state of affairs, but I can see that it might conceivably happen. If it did, a service provider who wished to bring proceedings might have a good case for an extension of time: it would all depend on the facts. In my view, this cannot affect the plain meaning of regulation 32(2). I would therefore hold that the right of action which Jobsin asserts in the present case first arose on or about 14th August 2000. The essential complaint which lies at the heart of the proceedings is that there was a breach of regulation 21(3), in that the Briefing Document did not identify the criteria by which the DOH would assess the most economically advantageous bid.’
As to the extension of time, he went on: ‘These arguments are formidable and were compellingly presented. But I am in no doubt that the judge was wrong to exercise his discretion to extend time in the circumstances of this case. First, I do not accept that it was unreasonable to expect Jobsin to start proceedings before they were excluded from the tender process. On or about 14th August they were aware of all the facts that they needed to know in order to start proceedings. The judge seems to have been influenced by two factors in deciding that there was a reasonable objective excuse for Jobsin’s failure to start proceedings before they were excluded from the short list. These were that (a) they had no reason to believe that there had been any breach of the regulations and therefore no reason to consult solicitors to obtain advice as to the true legal position, and (b) even if they had known that there was a breach of the regulations, there were strong commercial reasons why it would have been reasonable for them to decide not to start proceedings until the tender process had been completed. I do not accept that either of these was a sufficient reason to extend time. As regards (a), in my view the lack of knowledge of the legal significance of facts of which a bidder is aware will not usually be a good reason for extending time. Although the maxim ‘ignorance of the law is no excuse’ is not a universal truth, it should not in my view be lightly brushed aside. Regulation 32(4) specifies a short limitation period. That is no doubt for the good policy reason that it is in the public interest that challenges to the tender process of a public service contract should be made promptly so as to cause as little disruption and delay as possible. It is not merely because the interests of all those who have participated in the tender process have to be taken into account. It is also because there is a wider public interest in ensuring that tenders which public authorities have invited for a public project should be processed as quickly as possible. A balance has to be struck between two competing interests: the need to allow challenges to be made to an unlawful tender process, and the need to ensure that any such challenges are made expeditiously. Regulation 32(4)(b) is the result of that balancing exercise. It may often be the case that a service provider is not aware of the intricacies of regulations such as the 1992 regulations, and has little or no understanding of how they should be interpreted. If ignorance of such matters were routinely to be regarded as a good reason for extending the time for starting proceedings, the clear intent of regulation 32(4)(b), that proceedings should normally be started promptly and in any event not later than three months after the right of action first arose, would be frustrated.’
Thorpe, Dyson, Astill L
[2001] EWCA Civ 1241, [2001] Eu LR 685, [2002] 1 CMLR 44
Public Services Contracts Regulations 1993
England and Wales
Cited – European Dynamics Sa v HM Treasury TCC 23-Dec-2009
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201258
ECJ Opinion – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Concept of ‘abusive practice’ and ‘normal commercial operations’ – Transaction designed solely to obtain a tax advantage – Leasing and sub-leasing transactions intended to defer the payment of VAT – Redefinition of abusive practice
The taxpayer’s decision to take equipment on lease from an intermediate company rather than buy it outright was an ordinary commercial transaction. It was not abusive even though it was unusual for the taxpayer in question and was designed to obtain a tax advantage by spreading the liability to tax over a longer period. The choice between leasing and outright purchase was a choice accommodated by the scheme of the VAT legislation. The tax treatment of lease payments being a facility available under the legislation itself, resort to it could not be regarded as contrary to its purpose.
Mazak AG
C-103/09, [2010] EUECJ C-103/09
European
Cited – Halifax plc etc v Commissioners of Customs and Excise ECJ 21-Feb-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2), Article 5(1) and Article 6(1) – Economic activity – Supplies of goods – Supplies of services – Abusive practice – Transactions designed solely to . .
At VDT – Weald Leasing Ltd v Revenue and Customs VDT 6-Feb-2007
VDT VAT – AVOIDANCE – Abuse of rights – Appellant associate of exempt trader purchasing assets to lease to separate company to lease on to exempt trader – Associate outside VAT group – Associate credited with . .
Reference from – HM Revenue and Customs v Weald Leasing Ltd ChD 16-Jan-2008
. .
Opinion – HM Revenue and Customs v Weald Leasing (Taxation) ECJ 2-Dec-2010
ECJ Sixth VAT Directive – Concept of ‘abusive practice’ – Leasing transactions effected by a group of undertakings to spread the payment of non-deductible VAT . .
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.425771
ECJ (Judgment) State aid for undertakings in the textile sector – Consequences of an annulling judgment for acts preparatory to the act annulled
[1998] ECR I-6993, [1998] EUECJ C-415/96, [1998] ECR I-7008
European
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.162019
ECJ Failure of a Member State to fulfil its obligations – Directives 64/433/EEC, 91/497/EEC and 89/662/EEC – Requirement for special marking and heat treatment of meat from boars
G. Hirsch, P
[1998] ECR I-6871, C-102/96, [1998] EUECJ C-102/96
Directive 64/433/EEC, Directive 91/497/EEC, Directive 89/662/EEC
European
Updated: 13 June 2022; Ref: scu.161818
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of an economic activity – Whether disproportionate – Assessment criteria – Discretionary power of the Community legislature in the field of the common agricultural policy – Judicial review – Limits (EEC Treaty, Arts 40 and 43) 3. Community law – Principles – Equal treatment – Harmonization measure applied equally to all the Member States – Differing effects depending on the previous state of national law – Discrimination – None 4. Agriculture – Approximation of laws – Prohibition of the use in livestock farming of certain substances having a hormonal action – Objectives pursued – Choice of legal basis – Article 43 of the Treaty – Misuse of powers – None
(EEC Treaty, Arts 39 and 43, Council Directive 88/146) 5. Measures adopted by the Community institutions – Procedure for enactment – Preparatory documents not affected by a procedural defect occurring at the stage of the final decision in the Council leading to annulment by the Court – Adoption of a new measure on the basis of earlier preparatory documents -Legality 6. Measures adopted by the Community institutions – Application ratione temporis – Period for compliance by the Member States with a directive expiring prior to its adoption – Retroactive effect – Permissibility in the light of the objective to be attained and in the absence of any infringement of the principle of the protection of legitimate expectations – Limits -Principle of non-retroactivity of penal provisions (Council Directive 88/146, Art. 10)
1. Having regard to the divergent appraisals by the national authorities of the Member States, reflected in the differences between existing national legislation, of the dangers which may result from the use of certain substances having a hormonal action, the Council, in deciding in the exercise of its discretionary power to adopt the solution of prohibiting them, neither infringed the principle of legal certainty nor frustrated the legitimate expectations of traders affected by that measure. 2. In accordance with the principle of proportionality, which is one of the general principles of Community law, the lawfulness of the prohibition of an economic activity is subject to the condition that the prohibitory measures are appropriate and necessary in order to achieve the objectives legitimately pursued by the legislation in question, it being understood that when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued. However, with regard to judicial review of compliance with those conditions it must be borne in mind that in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 and 43 of the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue. 3. Although a harmonization measure which is intended to standardize previously disparate rules of the Member States inevitably produces different effects depending on the prior state of the various national laws, there cannot be said to be discrimination where it applies equally to all Member States. 4. A decision may amount to a misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken with the exclusive purpose, or at any rate the main purpose, of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case. That was not so in the case of Directive 88/146 prohibiting the use in livestock farming of certain substances having a hormonal action, which was adopted by the Council on the basis of Article 43 of the Treaty alone. By regulating conditions of the production and marketing of meat in order to improve its quality while curbing surplus production, that directive falls within the scope of the measures provided for by the common organization of the markets in meat and thus contributes to the attainment of the objectives set out in Article 39 of the Treaty. 5. The annulment by a judgment of the Court of a Council directive on account of a procedural defect concerning solely the manner in which it was finally adopted by the Council does not affect the preparatory acts of the other institutions. Therefore, these acts need not be repeated when the Council adopts a new directive replacing the one which has been annulled. Changes occurring in the interval in the composition of those institutions are of no effect since they do not affect the continuity of the institutions themselves. Whether or not a subsequent change in circumstances must be taken into consideration is for each institution to assess. 6. By fixing 1 January 1988 as the date of expiry of the period for implementation of Directive 88/146 prohibiting the use in livestock farming of substances having a hormonal action, Article 10 of the directive gives it retroactive effect in so far as the directive was adopted and notified in March 1988. Outside the criminal sphere, such retroactive effect is permissible, since, first, the directive replaced an earlier directive annulled because of a procedural defect, and the Council considered it necessary in order to avoid a temporary legal vacuum during the period between the annulment of one instrument and its replacement by a lawfully adopted text with regard to the existence of a basis in Community law for national provisions adopted by the Member States in order to comply with the directive which was annulled, and, secondly, there was no infringement of the legitimate expectations of the traders concerned, in light of the rapid succession of the two directives and the reason for which the first one was annulled. As regards the criminal sphere, on the other hand, Article 10 of the directive cannot be interpreted as requiring Member States to adopt measures which conflict with Community law, in particular with the principle that penal provisions may not have retroactive effect, which Community law incorporates, as a fundamental right, among its general principles. Nor may it provide a basis for criminal proceedings instituted under provisions of national law which may have been adopted in implementation of the annulled directive and whose sole basis is to be found therein.
In relation to an alleged infringement of the principle of legal certainty: ‘ . . having regard to the discretionary power conferred on the Council in the implementation of the common agricultural policy, be limited to examining whether the measure in question is vitiated by a manifest error or misuse of powers, or whether the authority in question has manifestly exceeded the limits of its discretion.’
and . . ‘The Court has consistently held that the principle of proportionality is one of the general principles of Community law. By virtue of that principle, the lawfulness of the prohibition of an economic activity is subject to the condition that the prohibitory measures are appropriate and necessary in order to achieve the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued.’
C-331/88, R-88/14, [1990] EUECJ R-88/146, [1990] ECR I-4023
EEC Treaty 39 43, Council Directive 88/146
European
Cited – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
Cited – Akerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
Cited – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.134975
The issue by a company of shares is a supply of services for the purposes of VAT. The issue of shares was ‘something done’ by the company, as required by the Directive. The consideration received for such shares was part of the company’s turnover, and therefore a VATable supply.
Gazette 05-Apr-2001, Times 06-Mar-2001, [2001] EWCA Civ 1219, [2001] EWCA Civ 65
Sixth VAT Directive (77/388/EEC), Value Added Tax Act 1994
England and Wales
Updated: 11 June 2022; Ref: scu.200773
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119.
Held: The scope of Article 119 EEC covers not only direct but also indirect discrimination. The difference between part-time and full-time work is by itself ‘a material difference’ for the purposes of Section 1(3). The decision of the European Court of Justice clearly establishes that a differential in pay cannot be justified simply by showing that the women are part-time workers, and, where the circumstances are such that part-time workers are wholly or mainly women, an employer cannot justify paying less for like work to a part-time woman than to a full-time man by simply relying on the fact that the woman is a part-time employee.
Browne-Wilkinson J P
[1981] 1 WLR 1485, [1981] ICR 715, [1981] UKEAT 145 – 79 – 1906, [1981] 2 CMLR 24, [1981] IRLR 228, [1981] ECR 911
Equal Pay Act 1970, EEC Treaty 119
Cited – J P Jenkins v Kingsgate (Clothing Productions) Ltd ECJ 31-Mar-1981
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 . .
Mentioned – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200625
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of the directive – Liability of the Member State concerned.
The case concerned the United Kingdom’s implementation of a directive relating to insurance against civil liability in respect of the use of motor vehicles. Implementation had been effected by means of a number of agreements between the Secretary of State and an existing body, the Motor Insurers’ Bureau. In considering the adequacy of such implementation, the ECJ stated: ‘As to whether it is sufficient, for the purposes of transposing the Second Directive, to rely on an existing body, it must be borne in mind that, whilst legislative action on the part of each Member State is not necessarily required in order to implement a directive, it is essential for national law to guarantee that the national authorities will effectively apply the directive in full, that the legal position under national law should be sufficiently precise and clear and that individuals are made fully aware of all their rights and, where appropriate, may rely on them before the national courts . . . In those circumstances, it must be held that a body may be regarded as authorised by a Member State within the meaning of Article 1(4) of the Second Directive where its obligation to provide compensation to victims of damage or injury caused by unidentified or insufficiently insured vehicles derives from an agreement concluded between that body and a public authority of the Member State, provided that the agreement is interpreted and applied as obliging the body to provide victims with the compensation guaranteed to them by the Second Directive and provided that victims may apply directly to that body’
The intention of the legislature in passing the Second Directive was ‘to entitle victims of damage or injury caused by unidentified or insufficiently insured vehicles to protection equivalent to, and as effective as, that available to persons injured by identified and insured vehicles’
C-63/01, Times 09-Dec-2003, [2003] EUECJ C-63/01, [2004] RTR 32, [2005] All ER (EC) 763, [2003] ECR I-14447, [2004] Lloyd’s Rep IR 391, [2004] 1 CMLR 47, [2004] RTR 534
European
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.189877
C-62/01, [2002] EUECJ C-62/01P
European
Updated: 11 June 2022; Ref: scu.170264
Underhill, Sharp, Sales LJJ
[2018] EWCA Civ 2378, [2018] WLR(D) 664
Immigration (European Economic Area) Regulations 2006
England and Wales
Updated: 11 June 2022; Ref: scu.628685
The claimant suffered injury in a road traffic accident in Greece. The responsible driver was uninsured. She claimed here under the MIB scheme, and the court was now asked whether Greek or UK law governed the assessment of damages.
Held: The assessment of compensation for the claimant was to be on the basis of the law of England and Wales.
Gilbart J
[2015] WLR(D) 177, [2015] EWHC 1002 (QB)
Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003
England and Wales
Cited – Jacobs v Motor Insurers Bureau CA 27-Oct-2010
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law . .
See Also – Moreno v The Motor Insurers’ Bureau QBD 23-Apr-2015
Application for leave to appeal – granted . .
At First Instance – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.545605
ECJ Article 157 TFEU – Directive 79/7/EEC – Directive 97/81/EC – Framework Agreement on part-time work – Directive 2006/54/EC – Contributory retirement pension – Equal treatment for male and female workers – Indirect discrimination on grounds of sex
C Toader
C-385/11, [2012] EUECJ C-385/11
Directive 97/81/EC, Directive 79/7/EEC
European
Updated: 11 June 2022; Ref: scu.465995
Sir Andrew Morritt Ch, Longmore, Davis LJJ
[2012] EWCA Civ 1569, [2013] 2 All ER (Comm) 177, [2013] FSR 22, [2012] WLR(D) 263, [2013] ICR 455, [2013] 2 All ER 463, [2013] 1 WLR 1110, [2013] ILPr 10, [2013] CP Rep 9
England and Wales
Updated: 11 June 2022; Ref: scu.466405
ECJ Staff Regulations – Appeal – Officials – auxiliary staff – Conference interpreter – Action – Request pursuant to Article 90, paragraph 1, of the Statute – Act adversely affecting – Concept
C-373/04, [2006] EUECJ C-373/04, [2006] EUECJ C-373/04, [2006] EUECJ C-373/04
European
Updated: 11 June 2022; Ref: scu.237636
ECJ Judgment – Action for annulment – Article 104 EC – Regulation (EC) No 1467/97 – Stability and Growth Pact – Excessive government deficits – Council decisions under Article 104(8) and (9) EC – Required majority not achieved – Decisions not adopted – Action challenging -decisions not to adopt the formal instruments contained in the Commission’s recommendations – Inadmissible – Action challenging -Council conclusions
V. Skouris, P
C-27/04, [2004] ECR I-6649, ECLI:EU:C:2004:436, [2004] EUECJ C-27/04
European
Updated: 11 June 2022; Ref: scu.199468
ECJ Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention) – Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources – Article 6(3) – Authorisation to discharge – Direct effect
C-213/03, [2004] EUECJ C-213/03
Updated: 11 June 2022; Ref: scu.199466
ECJ (Judgment) Failure of a Member State to fulfil obligations – Indirect taxes – Directive 69/335/EEC – Raising of capital – Tax on stock exchange transactions – Tax on the delivery of bearer securities
[2004] EUECJ C-415/02, [2004] ECR I-7215
Updated: 11 June 2022; Ref: scu.199459
(Judgment) Failure of a Member State to fulfil its obligations – Directive 75/439/EEC – Disposal of waste oils – Priority to be given to the processing of waste oils by regeneration
[2004] EUECJ C-424/02
Updated: 11 June 2022; Ref: scu.199460
The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of certain sporting events. This was said to infringe the freedom to provide services contrary to Article 59 (now 49) of the Treaty. Relevant restrictions are again capable of justification under Article 56 and 66. The Court observed: ‘In that context, it is for the member States to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. They may do so, however, only within the limits set by the Treaty and must, in particular, observe the principle of proportionality . . which requires that the measures adopted be appropriate to secure the attainment of the objective which they pursue and not to go beyond what is necessary in order to attain it.’ Having found that the measure constituted a relevant restriction the Court held that the rules pursued an objective relating to the protection of public health and were appropriate to secure that aim, going no further than necessary to achieve such an objective. It was said that, ‘They limit the situation in which hoardings advertising alcoholic beverages may be seen on television and are therefore likely to restrict the broadcasting of such advertising, thus reducing the occasions on which television viewers might be encouraged to consume alcoholic beverages.’ Meeting an argument that the French rules were inconsistent , ‘ . . since they apply only to alcoholic beverages whose alcohol content exceeds 1.2%, concerns only television advertising, and do not apply to advertising for tobacco.’ The Court said, ‘ . . it is significant to reply that that option lies within the discretion of the Member states to decide on the degree of protection which they wish to afford to public health and as the way in which that protection is to be achieved . . .’
[2004] ECR I-6569, [2004] EUECJ C-262/02
European
Cited – British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health Admn 5-Nov-2004
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.199454
ECJ State aid – Definition of aid – Collective advertising campaigns in favour of one sector of the economy – Financing by means of a special contribution payable by undertakings in that sector – Action taken by a body governed by public law
C-345/02, [2004] EUECJ C-345/02
Updated: 11 June 2022; Ref: scu.199457
ECJ Grand Chamber – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Directive 89/552/CEE – Television without frontiers – Television broadcasting – Advertising – National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen of hoardings visible during the transmission of sporting events – ‘Loi Evin’
V Skouris, P
C-429/02, [2004] ECR I-6613, [2004] EUECJ C-429/02
Directive 89/552/CEE, EC Treaty 59
European
Updated: 11 June 2022; Ref: scu.199461
Failure of a Member State to fulfil its obligations – Directive 77/388/EEC – VAT – Article 11(A)(1)(a) – Taxable amount – Subsidy directly linked to the price – Regulation (EC) No 603/95 – Aid granted in the dried fodder sector
C-463/02, [2004] EUECJ C-463/02
Updated: 11 June 2022; Ref: scu.199464
[2004] UK SPC00415
England and Wales
Updated: 11 June 2022; Ref: scu.199211
ECJ Failure of a Member State to fulfil its obligations – Processing of personal data and the protection of privacy in the electronic communications sector – Articles 6 and 9 of Directive 97/66/EC – Requirement for specific statement of grounds of complaint in the reasoned opinion
C-350/02, [2004] EUECJ C-350/02
Updated: 11 June 2022; Ref: scu.198657
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 interest calculated on a compound interest basis.
Park J
Times 25-Jun-2004, [2004] EWHC 2387 (Ch), [2004] STI 1495, [2004] Eu LR 939, [2004] BTC 358, [2004] STC 1178
England and Wales
At First Instance – 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 . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198393