Category: European

Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia: QBD 11 Oct 1995

An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant.

Citations:

Gazette 01-Nov-1995, Times 20-Oct-1995, Independent 11-Oct-1995

Statutes:

Housing Act 1985 65

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia CA 23-Feb-1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were . .

Cited by:

Appeal from – Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia CA 23-Feb-1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were . .
Lists of cited by and citing cases may be incomplete.

Housing, Immigration, European

Updated: 11 June 2022; Ref: scu.88303

WHA Ltd and Another v Customs and Excise: CA 14 May 2004

Judges:

Lord Justice Waller Lord Justice Latham Lord Justice Neuberger

Citations:

[2004] EWCA Civ 559, [2004] STC 1081, [2004] BVC 485, [2004] BTC 5425,, [2004] STI 1202

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At ChD – WHA Ltd and Another v Customs and Excise ChD 28-Feb-2003
The taxpayer appealed against a finding that it was unable to recover input VAT in its transactions. A scheme had been devised for the processing of claims and repairs in motor vehicle accidents.
Held: (1) WHA could treat the VAT payable on . .

Cited by:

At CA – WHA Ltd and Another v Revenue and Customs CA 17-Jul-2007
The court considered the European principle of abuse of right.
Held: Lord Neuberger, delivering the leading judgment rejected the submission that the court was confined to considering the artificiality or purpose of each individual step, since . .
At CA – WHA Ltd and Another v Revenue and Customs SC 1-May-2013
The Court was asked as to the effectiveness of a scheme, known as Project C, designed to minimise the overall liability to VAT of a group of companies involved in motor breakdown insurance.
Held: The court dismissed WHA’s appeal. There had . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 10 June 2022; Ref: scu.196775

Beuttenmuller v Land Baden-Wurttemberg: ECJ 29 Apr 2004

ECJ (Judgment) Freedom of movement for workers – Recognition of diplomas – Directives 89/48 and 92/51 – Primary and secondary school teachers – Holder of a diploma of post-secondary studies of two years’ duration – Conditions for the exercise of the profession

Citations:

C-102/02, [2004] EUECJ C-102/02, [2004] ECR I-5405

Links:

Bailii

Jurisdiction:

European

European

Updated: 10 June 2022; Ref: scu.196663

Turner v Grovit: ECJ 27 Apr 2004

The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The Brussels Convention was based upon trust and respect between contracting states. The Convention did not allow one state to restrain another from hearing a claim save in the limited circumstances set out in the Convention, and even though such proceedings might be though to be in bad faith. No matter how much bad faith was displayed by a party to litigation in beginning proceedings in a Contracting State it must always be for that Contracting State to assume or decline jurisdiction. That is because a Jurisdiction and Judgment Convention creates a closed system in which it is assumed that every Contracting State will come to a similar decision about jurisdiction: ‘the rules on jurisdiction that [the Brussels Convention] lays down . . are common to all courts of the Contracting States [and must] be interpreted and applied with the same authority by each of them.’
Europa Brussels Convention – Proceedings brought in a Contracting State – Proceedings brought in another Contracting State by the defendant in the existing proceedings – Defendant acting in bad faith in order to frustrate the existing proceedings – Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State

Judges:

V Skouris, P

Citations:

Times 29-Apr-2004, C-159/02, [2004] EUECJ C-159/02, [2004] ECR I – 3565, [2005] 1 AC 101, [2005] ICR 23, [2004] 3 WLR 1193, [2004] ECR I-3565, [2004] All ER (EC) 485

Links:

Bailii

Statutes:

Brussel Convention 1968

Citing:

Reference from – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Cited – Overseas Union Insurance Ltd and others v New Hampshire Insurance Company ECJ 27-Jun-1991
ECJ Article 21 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that the rules applicable to lis alibi pendens . .

Cited by:

Referred to – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Cited – OT Africa Line Ltd v Magic Sportswear Corporation and others CA 13-Jun-2005
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. . .
Cited – Nussberger and Another v Phillips and Another (No 4) CA 19-May-2006
A claim was issued in London in December 2004, and then served in part in Switzerland in January 2005. One copy was removed from the bundle by a Swiss official, seeing that it had been marked ‘Nor for service out of the jurisdiction.’ That marking . .
Cited – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
Cited – Sheffield United Football Club Ltd v West Ham United Football Club Plc ComC 26-Nov-2008
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: . .
Cited – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (‘the Front Comor’) ECJ 10-Feb-2009
ECJ (Judgment) A West Tankers ship damaged a jetty in Syracuse. An agreement provided for an arbitration in London. The insurers having paid out brought a subrogated action in Italy. West Tankers sought an order . .
Cited – Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others CA 20-Dec-2012
The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners . .
Lists of cited by and citing cases may be incomplete.

European, Jurisdiction

Updated: 10 June 2022; Ref: scu.196581

Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004

ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union.

Citations:

C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, [2004] 3 WLR 1236, [2004] ECR I-2703, [2005] ICR 37, [2004] CEC 436, [2005] QB 145

Links:

Bailii

Statutes:

EC Treaty 48

Jurisdiction:

European

Cited by:

Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
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 . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 10 June 2022; Ref: scu.195048

Merino Gomez v Continental Industrias del Caucho SA: ECJ 18 Mar 2004

Where the dates of a worker’s maternity leave coincided with those of the general annual leave fixed, by a collective agreement, for the entire workforce, the requirements of the Working Times Directive relating to paid annual leave could not be regarded as having been met.
The court said: ‘The entitlement of every worker to paid annual leave must be regarded as a particularly important principle of Community social law from which there can be no derogations and whose implementation by the competent national authorities must be confined within the limits expressly laid down by Directive 93/104.
It is significant in that connection that that Directive also embodies the rule that a worker must normally be entitled to actual rest, with a view to ensuring effective protection of his health and safety, since it is only where the employment relationship is terminated that article 7(2) permits an allowance to be paid in lieu of paid annual leave.
The purpose of the entitlement to annual leave is different from that of the entitlement to maternity leave. Maternity leave is intended, first, to protect a woman’s biological condition during and after pregnancy and, secondly, to protect the special relationship between a woman and her child over the period which follows pregnancy and childbirth.’

Citations:

C-342/01, [2004] EUECJ C-342/01, [2005] ICR 1040

Links:

Bailii

Cited by:

Cited – Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund ECJ 20-Jan-2009
(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive.
Held: The workers . .
Cited – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 10 June 2022; Ref: scu.194870

Siemens and ARGE v Telekom and Partner: ECJ 18 Mar 2004

ECJ Public contracts – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Effects of a decision by the body responsible for review procedures annulling the decision by the contracting authority not to revoke the procedure by which a contract was awarded – Restriction on the use of subcontracting

Judges:

V Skouris

Citations:

C-314/01, [2004] EUECJ C-314/01

Links:

Bailii

Statutes:

Directive 89/665/EEC

European

Updated: 10 June 2022; Ref: scu.194869

British Sugar v Intervention Board for Agricultural Produce: ECJ 19 Feb 2004

CJ Agriculture – Common organisation of the markets – Sugar – Regulation (EEC) No 2670/81 – Proof of export – Regulation (EEC) No 3719/88 – Correction of an export licence – Obvious inaccuracy – Principle of proportionality.

Citations:

C-329/01, [2004] EUECJ C-329/01, [2004] ECR I-1899

Links:

Bailii

Statutes:

Regulation (EEC) No 3719/88, Regulation (EEC) No 2670/81

Jurisdiction:

European

Cited by:

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

European, Agriculture

Updated: 10 June 2022; Ref: scu.194041

Greenham and Abel: ECJ 5 Feb 2004

ECJ Judgment – Free movement of goods – Articles 28 EC and 30 EC – Prohibition on marketing foodstuffs to which vitamins and minerals have been added – Justification – Proportionality
In a case concerned with an authorisation scheme designed to protect public health, the court may require it to ensure that authorisation could be refused only if a genuine risk to public health was demonstrated by a detailed assessment using the most reliable scientific data available and the most recent results of international research.
Such an assessment could reveal uncertainty as to the existence or extent of real risks, and that in such circumstances a member state could take protective measures without having to wait until the existence and gravity of those risks were fully demonstrated.

Citations:

C-95/01, [2004] 3 CMLR 33, [2004] EUECJ C-95/01, [2004] ECR I-1333

Links:

Bailii

Jurisdiction:

European

European

Updated: 10 June 2022; Ref: scu.193849

Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 31 Jul 2003

Judgment on return from Court of Justice of the European Communities – no Opinions.

Citations:

[2003] UKHL 46

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Returned Reference – Consorzio del Prosciutto di Parma and Salumificio S Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd ECJ 20-May-2003
Europa Reference for a preliminary ruling: House of Lords – United Kingdom. Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 10 June 2022; Ref: scu.193732

Days Medical Aids Limited v Pihsiang Machinery Manufacturing Co Ltd, Pihsiang Wu (Also Known As Donald P H Wu), Chiang Ching-Ming Wu (Also Known As Jenny Wu): ComC 29 Jan 2004

Alleged repudiation of exclusive distribution agreement.
Held: The claim succeeded in part.

Judges:

The Honourable Mr Justice Langley

Citations:

[2004] EWHC 44 (Comm), [2004] Eu LR 477, [2004] UKCLR 384, [2004] 1 All ER (Comm) 991

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Days Medical Aids Ltd v Pihsiang Machinery Manufacturing Co Ltd and others CA 13-Jul-2004
. .
Lists of cited by and citing cases may be incomplete.

Contract, Agency, European

Updated: 09 June 2022; Ref: scu.192285

Olli Mattila v Council of the European Union and Commission of the European Communities: ECJ 22 Jan 2004

Europa Appeal – Access to documents – Decisions 93/731/EC and 94/90/ECSC, EC, Euratom – Exception relating to the protection of the public interest in the field of international relations – Partial access.
It was not proper for the Commission to evade an obligation to disclose documentation to an enquirer on the basis that they were entitled to make a partial disclosure, and that such a partial disclosure would be of no use to the applicant. The decision of the ECFI was annulled in part.

Citations:

C-353/01, Times 30-Jan-2004, [2004] EUECJ C-353/01P

Links:

Bailii

Jurisdiction:

European

Citing:

Cited – Council v Hautala and others ECJ 6-Dec-2001
Europa The aim pursued by Decision 93/731 on public access to Council documents, as well as being to ensure the internal operation of the Council in conformity with the interests of good administration, is to . .
Appeal from – Mattila v Council and Commission (Rec 2001,p II-2265) ECFI 12-Jul-2001
. .

Cited by:

Appealed to – Mattila v Council and Commission (Rec 2001,p II-2265) ECFI 12-Jul-2001
. .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 June 2022; Ref: scu.192306

Timmermans Transport and Logistics BV v Inspecteur der Belastingdienst – Douanedistrict Roosendaal and Hoogenboom Production Ltd v Inspecteur der Belastingdienst – Douanedistrict Rotterdam: ECJ 22 Jan 2004

Classification of goods for customs tariff purposes – Binding tariff information – Conditions for the revocation of an information.
Customs authorities which had issued binding tariff information were ‘not entitled to revoke that information at their discretion, where they altered their own interpretation of the applicable customs nomenclature.’

Citations:

C-133/02, [2004] EUECJ C-133/02

Links:

Bailii

Cited by:

Cited – Sony Computer Entertainment Europe Ltd v Customs and Excise ChD 27-Jul-2005
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT.
Held: ‘The effect of the annulment of a . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 June 2022; Ref: scu.192307

Criminal proceedings against X: ECJ 7 Jan 2004

CJ Reference for a preliminary ruling: Landesgericht Eisenstadt – Austria. Counterfeit and pirated goods – No criminal penalty for the transit of counterfeit goods – Compatibility with Regulation (EC) No 3295/94.

Citations:

C-60/02, [2004] EUECJ C-60/02

Links:

Bailii

Statutes:

Regulation (EC) No 3295/94

European, Intellectual Property, Crime

Updated: 08 June 2022; Ref: scu.192236

Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004

The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied in its stead. Some limitation must be implied. The test is as to employment in Great Britain.
Held: A principle of statutory interpretation is that ‘an enactment applies to all persons and matters within the territory to which it extends, but not to any other persons or matters’ Some provisions of the Act explicitly extended jurisdiction to employments abroad, which implied that other provisions did not so extend. It was claimed that the Directice was intended to protect workers posted abroad, but that was complied with by the repeal of s196. It was wrong to try to revert to the ‘base test’ in Todd, since this was part of the background leading to s196. The tribunal had no jurisdiction to hear the complaint. The applicant was not employed in Great Britain.

Judges:

Lord Justice Mummery Lord Justice May Lord Justice Pill

Citations:

[2004] EWCA Civ 12, Times 30-Jan-2004, [2004] ICR 204

Links:

Bailii

Statutes:

Employment Rights Act 1996, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001, Directive 96/71/EC

Jurisdiction:

England and Wales

Citing:

Appeal from – Lawson v Serco Ltd EAT 12-Dec-2002
EAT Jurisdiction . .
Cited – Carver (Nee Mascarenhas) v Saudi Arabian Airlines CA 17-Mar-1999
The applicant was recruited in Saudi Arabia in 1986 as a flight attendant under a contract expressed to be subject to Saudi Arabian law. After being trained in Jeddah, and then employed in India for four years, she was transferred to be based in . .
Cited – Tomalin v S Pearson and Son Ltd CA 1909
A widow claimed compensation for her husband’s death overseas.
Held: The Act did not provide for compensation to be payable. ‘What is the widow’s claim here ? She is claiming, not as a party to the contract, not as claiming any rights under a . .
Cited – Clark (Inspector of Taxes) v Oceanic Contractors Inc HL 16-Dec-1982
HL Income tax, Schedule E – Non-resident employer – Employees working in U.K. sector of North Sea – Whether employer liable to deduct tax from emoluments – Income Tax (Employments) Regulations 1973 – Income and . .
Cited – Jackson v Ghost Ltd and Another EAT 2-Sep-2003
The EAT rejected jurisdiction over a claim for unfair dismissal. The employment must have ‘a sufficient, that is substantial connection with this country’. . .
Cited – Financial Times Ltd v Bishop EAT 25-Nov-2003
The Tribunal considered the applicability of the 1996 Act to those employed abroad after the repeal of s196: ‘In our view the repeal of section 196 (2) cannot be taken to have had the effect that employees who had or whose employment had a . .
Cited – Todd v British Midland Airways CA 2-Jan-1978
The court discussed the test to be applied to an employment to see whether a British court had jurisdiction over it: ‘But in other cases there is more difficulty. I refer particularly to the type of case we have here of the airline pilot. He is . .
Appeal from – Lawson v Serco Ltd EAT 11-Mar-2003
. .

Cited by:

Cited – Crofts and others v Cathay Pacific Airways Ltd and others CA 19-May-2005
The claimants were airline pilots employed by the respondent company with headquarters in Hong Kong. The court was asked whether an English Tribunal had jurisdiction to hear their complaints of unfair dismissal.
Held: The pilots were employed . .
Appeal from – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 08 June 2022; Ref: scu.192100

Fernandez Gomez v Commission: ECFI 16 Sep 2003

(Order)

Citations:

T-272/03, [2003] EUECJ T-272/03

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Fernandez Gomez v Commission ECJ 13-Sep-2005
Civil service – Temporary staff member – Article 2 (a) of the CEOS – Admissibility – Confirmatory act – Limitation of the duration of the contract – Possibility of renewal – Anti-accumulation rule – Period completed as seconded national expert – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.190071

Commission v France C-122/03: ECJ 11 Dec 2003

ECJ (Judgment) Failure of a Member State to fulfil its obligations – Measures having equivalent effect – Importers and distributors of medicinal products – Submission of a certified copy or a document attesting to the holding of a marketing authorisation.

Citations:

[2003] EUECJ C-122/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 08 June 2022; Ref: scu.190080

Clotuche v Commission T-339/03: ECFI 25 Nov 2003

(Order)

Citations:

T-339/03, [2003] EUECJ T-339/03

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Clotuche v Commission T-339/03 ECJ 7-Feb-2007
Official’s Reallocation of a Director as Senior Adviser Interest of the Service Equivalence of Employment Reorganization of Eurostat Action for annulment Action for damages . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.189909

Bruno Schnitzer: ECJ 11 Dec 2003

ECJ Reference for a preliminary ruling: Amtsgericht Augsburg – Germany. Freedom to provide services – Directive 64/427/EEC – Skilled services in the plastering trade – National rules requiring foreign skilled-trade undertakings to be entered on the trades register – Proportionality.

Citations:

C-215/01, [2003] EUECJ C-215/01

Links:

Bailii

Statutes:

Directive 64/427/EEC

Jurisdiction:

European

European

Updated: 08 June 2022; Ref: scu.189878

Deutscher Apothekerverband eV v 0800 DocMorris NV and Jacques Waterval: ECJ 11 Dec 2003

ECJ (Judgment) Articles 28 EC and 30 EC – Directives 92/28/EEC and 2000/31/EC – National legislation restricting internet sales of medicinal products for human use by pharmacies established in another Member State – Doctor’s prescription required for supply – Prohibition on advertising the sale of medicinal products by mail order.

Citations:

[2003] EUECJ C-322/01

Links:

Bailii

Statutes:

Directive 92/28/EEC, Directive 2000/31/EC, EC 28 30

Jurisdiction:

European

European

Updated: 08 June 2022; Ref: scu.189879

EVN AG et Wienstrom GmbH v Republik Osterreich: ECJ 4 Dec 2003

ECJ Directive 93/36/EEC – Public supply contracts – Concept of the most economically advantageous tender – Award criterion giving preference to electricity produced from renewable energy sources – Directive 89/665/EEC – Public procurement review proceedings – Unlawful decisions – Possibility of annulment only in the case of material influence on the outcome of the tender procedure – Illegality of an award criterion – Obligation to cancel the invitation to tender
The court considered the award of a contract for the supply of electricity. The invitation to tender required tenderers to state the amount of electricity which could be supplied from renewable sources. It was contended by an unsuccessful tenderer that that requirement lacked the transparency required by the predecessor directive to Directive 2004/18, because there was a failure to specify the period of time in respect of which the amount that could be supplied was to be stated.
Held: ‘It is clear from the court’s case-law that the procedure for awarding a public contract must comply, at every stage, with both the principle of the equal treatment of potential tenderers and the principle of transparency so as to afford all parties equality of opportunity in formulating the terms of their tenders (see, to that effect, Universale-Bau, paragraph 93).
More specifically, this means that the award criteria must be formulated, in the contract documents or the contract notice, in such a way as to allow all reasonably well-informed tenderers of normal diligence to interpret them in the same way (SIAC Construction, paragraph 41).
Consequently, in the case at issue in the main proceedings, the fact that in the invitation to tender the contracting authority omitted to determine the period in respect of which tenderers had to state in their tenders the amount of electricity from renewable energy sources which they could supply could be an infringement of the principles of equal treatment and transparency were it to transpire that that omission made it difficult or even impossible for tenderers to know the exact scope of the criterion in question and thus to be able to interpret it in the same way.
Inasmuch as that requires a factual assessment, it is for the national court to determine, taking account of all the circumstances of the case, whether, despite that omission, the award criterion at issue in the main proceedings was sufficiently clearly formulated to satisfy the requirements of equal treatment and transparency of procedures for awarding public contracts.’

Judges:

V Skouris (Rapporteur), acting P

Citations:

C-448/01, [2003] EUECJ C-448/01, [2003] ECR I-14527, [2004] 1 CMLR 22

Links:

Bailii

Statutes:

Directive 93/36/EEC, Directive 89/665/EEC

Jurisdiction:

European

Cited by:

Cited – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.189881

Hassle AB v Ratiopharm GmbH: ECJ 11 Dec 2003

ECJ Council Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Articles 15 and 19 – Validity of Article 19 – Concept of first authorisation to place . . on the market in the Community – Legal effects of non-compliance with the relevant date referred to in Article 19.

Citations:

C-127/00, [2003] EUECJ C-127/00

Links:

Bailii

Statutes:

Council Regulation (EEC) No 1768/92

Jurisdiction:

European

European

Updated: 08 June 2022; Ref: scu.189875

Department for Environment, Food and Rural Affairs v ASDA Stores Limited and another: HL 18 Dec 2003

The company was prosecuted for offences under the Regulations, relating to the designation of horticultural produce for sale. The original Act had been relied upon to implement the European regulations after entry to the EU.
Held: The offences were properly charged. The scope for the subsequent regulations were, to the extent they were not excluded by subsection (3), all directly applicable European Regulations applied whether or not they predated the 1964 Act. ‘offence-creating provisions must always be expressed with sufficient clarity and precision. But the mechanism chosen by Parliament for implementing Community obligations is a matter of legislative choice for Parliament. Particularly where Community legislation may be changed frequently, Parliament may choose to adopt an approach which does not involve making new implementing regulations whenever Community legislation changes. Courts should not approach the interpretation of implementing statutes or regulations as though there were a presumption that they do not embrace future changes in Community legislation. There is no such presumption.’

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett, Lord Walker of Gestingthorpe

Citations:

[2003] UKHL 71, Times 19-Dec-2003, Gazette 29-Jan-2004, [2004] ACD 28, [2003] NPC 160, (2004) 168 JP 1, [2004] Eu LR 549, [2004] 1 WLR 105, [2004] 1 CMLR 42, [2004] 1 All ER 268

Links:

House of Lords, Bailii

Statutes:

Agriculture and Horticulture Act 1964 11(1) 11(3)

Jurisdiction:

England and Wales

Citing:

Cited – Antonio Munoz Y Cia SA Superior and Fruitcola SA v Frumar Limited and Another ECJ 17-Sep-2002
The claimant grew and sold grapes, and complained that the defendant who also traded in grapes was acting in breach of community legislation in failing to meet quality control standards. The national court had held that the claimant had no right . .
Cited – Mayne and Another v Minister of Agriculture, Fisheries and Food QBD 3-Aug-2000
The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 08 June 2022; Ref: scu.188920

Assurandor-Societetet et v Skatteministerietn: ECJ 20 Nov 2003

ECJ Sixth VAT Directive – Article 13A(1)(f) and 13B(a) – Exemption for services performed by independent groups not likely to give rise to distortions of competition – Exemption for insurance transactions and related services performed by insurance brokers and insurance agents – Assessments of damage caused to motor vehicles carried out by an association on behalf of insurance companies which are members of that association.

Citations:

C-8/01, [2003] EUECJ C-8/01

Links:

Bailii

European, VAT

Updated: 08 June 2022; Ref: scu.188467

Shield Mark BV v Joost Kist h o d n Memex: ECJ 27 Nov 2003

ECJ Trade marks – Approximation of laws – Directive 89/104/EEC – Article 2 – Signs of which a trade mark may consist – Signs capable of being represented graphically – Sound signs – Musical notation – Written description – Onomatopoeia.

Citations:

C-283/01, Times 04-Dec-2003, [2003] EUECJ C-283/01

Links:

Bailii

Statutes:

Directive 89/104/EEC

European, Intellectual Property

Updated: 08 June 2022; Ref: scu.188470

Akzo Nobel Chemicals and Akcros Chemicals v Commission (Order): ECFI 30 Oct 2003

Europa Interim measures – Competition – Commission’s powers of investigation – Protection of confidentiality – Communications between lawyers and clients – Limits.

Citations:

T-125/03, [2003] EUECJ T-125/03, T-253/03 R

Links:

Bailii

Cited by:

See Also – Akzo Nobel Chemicals and Akcros Chemicals v Commission ECFI 28-May-2004
(Order) . .
See Also – Akzo Nobel Chemicals and Akcros Chemicals v Commission ECFI 17-Sep-2007
Competition – Administrative procedure – Commission’s powers of investigation – Documents seized in the course of an investigation – Legal professional privilege protecting communications between lawyers and their clients – Admissibility. . .
See Also – Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (Competition) ECJ 29-Apr-2010
ECJ (Opinion) Appeal Competition – Administrative procedure – Commission’s powers of investigation – Documents copied in the course of an investigation and later placed on the file – Protection of confidentiality . .
See Also – Commission v Akzo and Akcros ECJ 27-Sep-2004
. .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.188361

Kyocera Electronics Europe GmbH v Hauptzollamt Krefeld: ECJ 20 Nov 2003

ECJ Common Customs Tariff – Customs value – Determination of the transaction value – Interest payable under a financing arrangement – Exclusion – Conditions – Interest distinguished from the price actually paid or payable – Declaration not mentioning the interest due or paid.

Citations:

C-152/01, [2003] EUECJ C-152/01

Links:

Bailii

European, Customs and Excise

Updated: 08 June 2022; Ref: scu.188350

Sociedad Cooperativa General Agropecuaria (ACOR) v Administracion General del Estado: ECJ 20 Nov 2003

ECJ Common organisation of the markets in the sugar sector – Reallocation or transfer of quotas – Interpretation of Council Regulations (EEC) No 1785/81, (EEC) No 193/82 and (EC) No 1260/2001 – Decision of competent authorities of a Member State, when approving a merger, to reallocate sugar production quotas – Sale by public auction – Transfer of quotas for consideration.

Citations:

C-416/01, [2003] EUECJ C-416/01

Links:

Bailii

European, Agriculture

Updated: 08 June 2022; Ref: scu.188356

Prifti and others v Musini Sociedad Anonima De Seguros Y Reaseguros: ComC 21 Nov 2003

‘It is argued that because the subject matter of the Reinsurance was a Spanish risk, the commercial context of the . . Reinsurance suggests in the absence of an express jurisdiction agreement, that the parties intended the Spanish Courts to have jurisdiction over any dispute. I do not agree. Indeed it seems to me, if anything, more natural to suppose that parties to Reinsurance underwritten in the London market would more probably expect litigation to be in the English Court.’

Judges:

Mr Justice Andrew Smith

Citations:

[2003] EWHC 2796 (Comm)

Links:

Bailii

Cited by:

Cited – Tryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Lists of cited by and citing cases may be incomplete.

Insurance, European

Updated: 08 June 2022; Ref: scu.188335

Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive required the respondent to control compliance through criminal sanctions. The respondent had adopted a scheme of only civil enforcement.
Held: The obligations were expressed in a general fashion, which was to be taken to allow the respondent a discretion as to how the objectives could be achieved. The objectives of the Directive were not to be confused with the means of attaining them. The respondent was entitled to conclude that a criminal code might be counter-productive.

Judges:

Newman J

Citations:

[2003] EWHC 2850 (Admin), Times 05-Dec-2003

Links:

Bailii

Statutes:

Council Directive 98/58/EC, Agriculture (Miscellaneous Provisions) Act 1968 2, Welfare of Farmed Animals (England) Regulations 2000

Citing:

See Also – Regina v Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd ECJ 19-Mar-1998
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.

Cited by:

Appeal from – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.

Agriculture, European, Animals

Updated: 08 June 2022; Ref: scu.188324

Commission v Netherlands: ECJ 6 Nov 2003

ECJ Failure of a Member State to fulfil obligations – Social security – Articles 69 and 71 of Regulation (EEC) No 1408/71 – Unemployment benefit – Frontier workers – Retention of benefit entitlement when seeking employment in another Member State

Judges:

A La Pergola

Citations:

C-311/01, [2003] EUECJ C-311/01

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71 69 71

European, Benefits

Updated: 08 June 2022; Ref: scu.187777

Karageorgou – C-78/02: ECJ 6 Nov 2003

ECJ 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

Citations:

C-78/02, [2003] EUECJ C-78/02

Links:

Bailii

European, VAT

Updated: 08 June 2022; Ref: scu.187782

Commission v Spain: ECJ 6 Nov 2003

ECJ Failure of a Member State to fulfil obligations – Article 28 EC – Prohibition on marketing under the name limpiador con lejia (cleaner with bleach) of goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l

Citations:

C-358/01, [2003] EUECJ C-358/01

Links:

Bailii

European

Updated: 08 June 2022; Ref: scu.187778

Martin and others v South Bank University: ECJ 6 Nov 2003

Workers had been transferred from the NHS to the university sector and were required on their emergence into education to join the educational pension scheme.
Held: ‘In circumstances such as those in the main proceedings, the alteration of the employment relationship is nevertheless connected to the transfer. It is clear from the file that SBU wished merely to bring the terms upon which it offered early retirement to employees of Redwood College into line with those offered until that time to its other employees and, in such circumstances, an alteration of the employment relationship must be regarded as connected to the transfer. That the situation in the main proceedings is of that type is confirmed by the fact that, immediately after the transfer, SBU offered the employees from Redwood College a contract of employment on its terms, which the applicants nevertheless refused. It should, however, be stated that the mere fact that the applicants had joined the higher education retirement scheme has no bearing on this analysis: that factor concerns their retirement rights per se, which are the subject of the derogations under Article 3(3) of the Directive, and not the terms of early retirement.
Since the transfer of undertaking is indeed the reason for the unfavourable alteration of the terms of early retirement offered to the employees of that entity, any consent given by some of those employees to such an alteration is invalid in principle.’

Citations:

C-4/01, [2003] EUECJ C-4/01, [2004] IRLR 74

Links:

Bailii

Cited by:

Cited – Smith and Others v Trustees of Brooklands College EAT 5-Sep-2011
EAT TRANSFER OF UNDERTAKINGS – Varying terms of employment
The Employment Judge was entitled to hold that the agreed variation of the Claimants’ salary was not for a reason connected with a relevant TUPE . .
Cited – Smith and Others v Trustees of Brooklands College EAT 5-Sep-2011
EAT TRANSFER OF UNDERTAKINGS – Varying terms of employment
The Employment Judge was entitled to hold that the agreed variation of the Claimants’ salary was not for a reason connected with a relevant TUPE . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 08 June 2022; Ref: scu.187772

Dornier (Judgment): ECJ 6 Nov 2003

ECJ VAT – Article 13A(1)(b) and (c) of the Sixth Directive 77/388/EEC – Exemption – Psychotherapeutic treatment given in an out-patient facility provided by a foundation governed by private law (charitable establishment) employing qualified psychologists who are not doctors – Direct effect

Citations:

C-45/01, [2003] EUECJ C-45/01

Links:

Bailii

European, VAT

Updated: 08 June 2022; Ref: scu.187773

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 – Study finance
‘In order to be treated as a worker, a person must nevertheless pursue an activity which is effective and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and accessory (see, in particular, Levin Case 53/81, paragraph 17, and Meeusen Case 337/97, paragraph 13).’

Judges:

J-P Puissochet, P

Citations:

[2004] All ER (EC) 765, [2003] ECR I-13187, C-413/01, [2003] EUECJ C-413/01

Links:

Bailii

Statutes:

Regulation (EEC) No 1612/68 7(2), Article 39 EC

Cited by:

Cited – Prix v Secretary of State for Work and Pensions SC 31-Oct-2012
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused . .
Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
Lists of cited by and citing cases may be incomplete.

European, Education

Updated: 08 June 2022; Ref: scu.187779

Criminal proceedings against Piergiorgio Gambelli and Others: ECJ 6 Nov 2003

ECJ Right of establishment – Freedom to provide services – Collection of bets on sporting events in one Member State and transmission by internet to another Member State – Prohibition enforced by criminal penalties – Legislation in a Member State which reserves the right to collect bets to certain bodies.

Citations:

C-243/01, Times 04-Dec-2003, [2003] EUECJ C-243/01

Links:

Bailii

European, Crime

Updated: 08 June 2022; Ref: scu.187776

Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term.
Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a wide meaning under Regulation 17, a principal can be regarded under Regulation 18(a) as having terminated an agency contract when he fails to renew it. ‘

Judges:

Lord Justice Schiemann, Lord Justice Rix

Citations:

[2003] EWCA Civ 1349, [2004] Eu LR 664

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17

Jurisdiction:

England and Wales

Citing:

Cited – Moore v Piretta Pta Ltd QBD 11-May-1998
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the . .

Cited by:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 08 June 2022; Ref: scu.187103

Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore outdated.
Held: The employer could be prosecuted either under the 1974 Act or under the machinery regulations. The Regulations were designed to implement the Directive by working alongside the 1974 Act, rather than by replacing it, and the Regulations explicitly preserved the power to prosecute under the 1974 Act. However, the Secretary had failed to notify the EC of the prohibition of the machinery, and therefore the prosecution must in any event fail.

Judges:

Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Steyn, Lord Hobhouse of Woodborough, Lord Millett

Citations:

[2002] UKHL 55, Times 24-Oct-2003, Gazette 20-Nov-2003, [2004] 2 All ER 555, [2004] Eu LR 134, [2003] ICR 1475

Links:

House of Lords, Bailii

Statutes:

Health and Safety at Work etc Act 1974 6, Supply of Machinery (Safety) Regulations 1992 29(2), Directive 98/37/EC

Jurisdiction:

England and Wales

Citing:

Cited – Criminal proceedings against X ECJ 12-Dec-1996
(Judgment) Criminal proceedings may not be brought in respect of conduct not clearly defined as culpable. . .
Appeal from – Regina (on the application of Junttan Oy) v Bristol Magistrates’ Court QBD 2002
‘I have found this issue one of considerable difficulty and finely balanced. However, I have come to the conclusion that it is inappropriate and wrong for the Health and Safety Executive to prosecute for an offence under section 6 of the 1974 Act . .

Cited by:

Appealed to – Regina (on the application of Junttan Oy) v Bristol Magistrates’ Court QBD 2002
‘I have found this issue one of considerable difficulty and finely balanced. However, I have come to the conclusion that it is inappropriate and wrong for the Health and Safety Executive to prosecute for an offence under section 6 of the 1974 Act . .
Cited – Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd CA 9-May-2006
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the . .
Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Cited – Secretary of State for Justice v Slee EAT 19-Jul-2007
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, European

Updated: 08 June 2022; Ref: scu.187097

Marks and Spencer Plc v Commissioners of Customs and Excise (No 5); Commissioners of Customs and Excise v University of Sussex: CA 21 Oct 2003

The company sought to reclaim overpaid VAT.
Held: If the UK government had failed properly to implement the directive, then a person affected had the right to claim the benefit of direct enforceability. However, the directive itself was neither clear nor precise, and therefore it could not benefit from direct applicability.

Judges:

Lord Justice Auld Lord Justice Chadwick Mr Justice Newman

Citations:

[2003] EWCA Civ 1448, Times 27-Oct-2003, [2004] STC 1, [2004] BTC 5091, [2004] BVC 151, [2003] STI 1848, [2004] Eu LR 170, [2004] 1 CMLR 8

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Appeal from – Marks and Spencer Plc v Customs and Excise HL 4-Feb-2009
The taxpayer requested refund of VAT overpaid on chocolate covered cakes. The CandE resisted saying that the money had been substantially already paid by its customers. The case had been referred twice to the ECJ, who answered that the maintenance . .
At CA – Marks and Spencer Plc v Customs and Excise HL 12-Jul-2006
Question referred to ECJ. Five questions were referred. . .
At CA – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 13-Dec-2007
ECJ Value added tax – Derogation under Article 28 of Directive 77/388 – Principle of neutrality Principle of equal treatment Right to obtain a refund of the tax in the event of incorrect interpretation of . .
At CA – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 10-Apr-2008
(Third Chamber of the Court of Justice) Taxation Sixth VAT Directive Exemption with refund of tax paid at the preceding stage Erroneous taxation at the standard rate Right to zero rate Entitlement to refund Direct effect General principles of . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 08 June 2022; Ref: scu.187066

Rinke v Arztekammer Hamburg: ECJ 9 Sep 2003

ECJ Equal treatment for men and women – Directives 86/457/EEC and 93/16/EEC – Obligation to undertake certain periods of full-time training during part-time training in general medical practice.
The complainant challenged the validity of the two directives laying down conditions for general medical practice across the community, saying that they were a form of indirect sex discrimination, insofar as they required part time trainees to undertake some periods of full time training.
Held: Insofar as such directives conflicted with the fundamental requirement of equal treatment, they were invalid. It was recognised that more women than men would want to train part time.

Citations:

C-25/02, Times 25-Sep-2003, [2003] EUECJ C-25/02

Links:

Bailii

Statutes:

Council Directive 86/457/EEC, Council Directive 93/16/EEC

Jurisdiction:

European

Discrimination

Updated: 08 June 2022; Ref: scu.186327

Light and Others v Ty Europe Ltd: CA 25 Jul 2003

The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated.
Held: In addition to the question of whether they were agents within the directive, a claimant also had to have a contractual relationship. That did not apply here, and the claims failed.

Judges:

Ward, Tuckey LJJ, Lightman J

Citations:

Times 21-Aug-2003, [2003] EWCA Civ 1238, Gazette 02-Oct-2003, [2003] EuLR 858

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 (1993 No 3173) 2(1)

Jurisdiction:

England and Wales

Citing:

Adopted – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .

Cited by:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

European, Agency

Updated: 08 June 2022; Ref: scu.186034

Altmark Trans and Regierungsprasidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH: ECJ 24 Jul 2003

ECJ Regulation (EEC) No 1191/69 – Operation of urban, suburban and regional scheduled transport services – Public subsidies – Concept of State aid – Compensation for discharging public service obligations

Citations:

C-280/00, [2003] EUECJ C-280/00

Links:

Bailii

Statutes:

Regulation (EEC) No 1191/69

European, Transport

Updated: 07 June 2022; Ref: scu.185289

Regina on the Application of Southall and Another v Secretary of State for Foreign and Commonwealth Affairs: CA 14 Jul 2003

The claimant sought a declaration that the Treaty of Nice should not be ratified unless and until the consent of the people had been sought in a referendum. Silber J had refused permission to apply for judicial review.
Held: The appeal was dismissed. The declarations sought were ‘unsuitable to be the subject of a court pronouncement’. The question of whether or not a referendum should be held before Parliament passed the legislation necessary to incorporate the treaty was ‘a matter of political judgment and not for the courts.’

Judges:

Lord Justice Schiemann, Lord Justice Scott Baker

Citations:

[2003] EWCA Civ 1002

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
Lists of cited by and citing cases may be incomplete.

Constitutional, European

Updated: 07 June 2022; Ref: scu.184771

Commission v Netherlands: ECJ 10 Jul 2003

ECJ Failure of a Member State to fulfil its obligations – Directive 91/439/CEE. The directive required member states to introduce a system to recognise community driving licences. The Netherlands had instituted a system which made difficult the continued use of a community licence.
Held: The system set down in Netherlands conflicted with the directive in several ways.

Citations:

C-246/00, [2003] EUECJ C-246/00, [2003] ECR I-7485

Links:

Bailii

Statutes:

Council Directive 91/439/CEE

Citing:

Cited – Skanavi and Chryssanthakopoulos (Judgment) ECJ 29-Feb-1996
Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty.
Commission v Spain ECJ 9-Sep-2004
The commission complained at the system introduced by the member that any driver taking up residence in Spain had to register his driving licence or lose the ability to use it as authority to drive.
Held: The system was contrary to the . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 07 June 2022; Ref: scu.184687

Chronopost v Ufex and others C-83/01: ECJ 3 Jul 2003

ECJ Judgment – Appeal – State aid – Postal sector – Public undertaking entrusted with a service of general economic interest – Logistical and commercial assistance to a subsidiary not operating in a reserved sector – Concept of State aid – Criterion of private operator acting under normal market conditions

Citations:

C-83/01, [2003] EUECJ C-83/01P

Links:

Bailii

European

Updated: 07 June 2022; Ref: scu.184549

Regina (Mayer Parry Recycling Ltd) v Environment Agency and Another; Corus (UK) Ltd and Another, Interveners: ECJ 19 Jun 2003

The applicants took in ferrous scrap, sorted and cut it, selling it on to processors who would use the material in a second stage recycling process to produce ingots. The claimed entitlement to credit under the regulations.
Held: The second stage was a recycling process, but the first was not. A reprocessor was someone carrying out the process of recovery or recycling. ‘Recycling’ means reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling, but excluding energy recovery’. The provision of the 94 Directive were lex specialis as regards the earlier Directive, and it related to packaging waste only. Such packaging waste had to be worked to enable new material or product to be made from it with characteristics comparable to those of the material from which it was derived.
Advocate General Alber said: ‘The Court of Justice has thus refused to make classification of a material as waste dependent on its economic value, its fitness for reuse . . or the environmental hazards posed by it . . The holder’s conduct can be appraised only with regard to his intentions, a fact which causes the body applying the law considerable difficulties.
The Court of Justice solves this problem by inferring an intention to discard the substance from objective indicators; in doing so it has regard both to all the factual circumstances and to the aim of the waste Directive . .”

Judges:

Advocate General Alber

Citations:

C-444/00, Times 14-Jul-2003, [2003] EUECJ C-444/00, [2004] Env LR 6, [2004] 1 WLR 2644

Links:

Bailii

Statutes:

Waste Management Licensing Regulations 1994 (1994/1056), Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (1997 No 648), Council Directive 94/96/EC of December 20 1994 on packaging and packaging waste regulations

Cited by:

Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Lists of cited by and citing cases may be incomplete.

European, Environment, Licensing

Updated: 07 June 2022; Ref: scu.184550

Fritsch, Chiari and Partner, Ziviltechniker GmbH and Others v Autobahnen- und Schnellstrassen-Finanzierungs-AG: ECJ 19 Jun 2003

ECJ (Judgment) Reference for a preliminary ruling – Public contracts – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Article 1(3) – Persons to whom review procedures must be available – Definition of interest in obtaining a public contract

Citations:

C-410/01, [2003] EUECJ C-410/01

Links:

Bailii

Statutes:

Directive 89/665/EEC

European

Updated: 07 June 2022; Ref: scu.184164

Commission v Italy: ECJ 19 Jun 2003

ECJ (Judgment) Failure to fulfil obligations – Free movement of goods – Articles 28 EC and 30 EC – Prohibition on the marketing of energy drinks containing caffeine in excess of a certain limit – Public health – Retention of a national provision incompatible with Community law.

Judges:

J-P Puissochet, P

Citations:

C-420/01, [2003] EUECJ C-420/01, [2003] ECR I-6445

Links:

Bailii

Jurisdiction:

European

European

Updated: 07 June 2022; Ref: scu.184165

Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003

An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses.
Held: The court did not hold that since the fundamental right of assembly was in issue it followed that the free movement rules were ousted. Instead the freedom of assembly was in principle capable of justifying a restriction on free movement, and that was answered by reference to the question whether the restriction was justifiable and proportionate.
Europa Free movement of goods – Restriction resulting from actions of individuals – Obligations of the Member States – Decision not to prohibit a demonstration by environmental protesters which resulted in the complete closure of the Brenner motorway for almost 30 hours – Justification – Fundamental rights – Freedom of expression and freedom of assembly – Principle of proportionality.

Citations:

C-112/00, Times 01-Jul-2003, [2003] EUECJ C-112/00, [2003] ECR I-1577

Links:

Bailii

Statutes:

EC Treaty 28 29

Cited by:

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

European

Updated: 07 June 2022; Ref: scu.184149

Gallagher v Kleinwort Benson (Trustees) Limited and others: SCS 12 Mar 2003

Judges:

Lord Reed

Citations:

[2003] ScotCS 66, 2003 SCLR 384

Links:

Bailii

Statutes:

Framework Directive (89/31)

Jurisdiction:

Scotland

Cited by:

Cited – Munro v Aberdeen City Council SCS 17-Sep-2009
Safety Duty on Employer was not Absolute
The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .
Lists of cited by and citing cases may be incomplete.

European, Health and Safety

Updated: 07 June 2022; Ref: scu.183992