Category: European

SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010

The parties sought to agree the terms of a reference to the European Court of Justice.

Judges:

Arnold J

Citations:

[2010] EWHC 3012 (Ch), [2011] 2 CMLR 9, [2011] FSR 12, [2011] Eu LR 303

Links:

Bailii

Statutes:

Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs

Jurisdiction:

England and Wales

Citing:

Principle judgment – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright . .

Cited by:

Reference – SAS Institute Inc v World Programming Ltd ECJ 29-Nov-2011
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program . .
Reference – SAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
At Chd (2) – SAS Institute Inc v World Programming Ltd ECJ 2-May-2012
ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer . .
At ChD (2) – SAS Institute Inc v World Programming Ltd ChD 25-Jan-2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to . .
See Also – SAS Institute Inc v World Programming Ltd ComC 13-Dec-2018
SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts.
Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a . .
See Also – SAS Institute Inc v World Programming Ltd (2495) ComC 25-Sep-2019
Post judgment orders . .
See Also – SAS Institute Inc v World Programming Ltd (Injunction) ComC 25-Sep-2019
Continuation of anti-suit injunction – refused . .
See Also – SAS Institute Inc v World Programming Ltd CA 12-May-2020
Appeal from refusal of continuance of anti-suit injunction . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 23 November 2022; Ref: scu.426449

SAS Institute Inc v World Programming Ltd: ChD 23 Jul 2010

The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright law.
Held: Arnold J said: ‘Skill, judgement and labour in devising ideas, procedures, methods of operation and mathematical concepts is not protected by the copyright in a literary work. What is protected by copyright in a literary work is the skill, judgement and labour in devising the form of expression of the literary work.’
As to the test of whether there had been any ‘substantial part of a literary work, Arnold J said: ‘it is important to be clear as to the basis upon which a compilation of unprotectable subject-matter can be protected as a copyright work. As can be seen from Article 2(5) of the Berne Convention, Article 10(2) of TRIPS and Article 5 of the WIPO Copyright Treaty, compilations are protected (whether or not the items compiled are protected) which ‘by reason of the selection or arrangement of their contents constitute intellectual creations’. Similarly, EU legislation adopts the test of ‘intellectual creation’ for the originality of computer programs (Article 1(3) of the Software Directive), databases for the purposes of copyright (Article 3(1) of [the Database Directive]) and photographs (Article 6 of Council Directive 93/98/EEC of 29 October 1993 harmonizing the terms of protection of copyright and certain related rights, now codified as Directive 2006/116/EC). It is now clear from [Case C-5/08 Infopaq International A/S v Danske Dagblades Forening [2009] ECR I-0000] at [31]-[48] that there will only be reproduction of a substantial part of a literary work, including a compilation, where what has been reproduced represents the expression of the intellectual creation of the author of that literary work.’

Judges:

Arnold J

Citations:

[2011] RPC 1, [2010] ECDR 15, [2010] EWHC 1829 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Allen v Bloomsbury Publishing Plc and Another ChD 14-Oct-2010
The claimant sought damages alleging breach of copyright by the defendant author saying she had copied large parts of the claimant’s work in her book ‘Harry Potter and the Goblet of Fire’. The defendant now sought summary judgment, saying the action . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Principle judgment – SAS Institute Inc v World Programming Ltd ChD 22-Nov-2010
The parties sought to agree the terms of a reference to the European Court of Justice. . .
At ChD (1) – SAS Institute Inc v World Programming Ltd ECJ 29-Nov-2011
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program . .
At ChD (1) – SAS Institute Inc v World Programming Ltd ChD 25-Jan-2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to . .
At ChD (1) – SAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
At Chd (1) – SAS Institute Inc v World Programming Ltd ECJ 2-May-2012
ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer . .
See Also – SAS Institute Inc v World Programming Ltd ComC 13-Dec-2018
SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts.
Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a . .
See Also – SAS Institute Inc v World Programming Ltd (Injunction) ComC 25-Sep-2019
Continuation of anti-suit injunction – refused . .
See Also – SAS Institute Inc v World Programming Ltd (2495) ComC 25-Sep-2019
Post judgment orders . .
See Also – SAS Institute Inc v World Programming Ltd CA 12-May-2020
Appeal from refusal of continuance of anti-suit injunction . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 23 November 2022; Ref: scu.421059

Commission v Italy (Free Movement Of Goods): ECJ 10 Feb 2009

ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State Road safety Market access Obstacle Proportionality.

Citations:

C-110/05, [2009] EUECJ C-110/05, [2009] 2 CMLR 34, [2009] ECR 519, ECLI:EU:C:2009:66, [2009] All ER (EC) 796, [2009] ECR I-519

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Italy C-110/05 ECJ 5-Oct-2006
(Free Movement Of Goods) Opinion AG Leger – Failure of a Member State to fulfil obligations – Article 28 EC – Free movement of goods – National rules prohibiting mopeds from towing a trailer – Quantitative restrictions – Measures having equivalent . .

Cited by:

Cited – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Cited – Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 23 November 2022; Ref: scu.286155

Synthon BV v The Licensing Authority of the Department of Health: ECJ 16 Oct 2008

ECJ Community code relating to medicinal products for human use Marketing authorisation Essentially similar medicinal products Abridged procedure Procedure for mutual recognition Grounds for refusal Liability of a Member State Serious breach of Community law

Citations:

[2008] EUECJ C-452/06, C-452/06

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Synthon BV v The Licensing Authority of the Department of Health ECJ 10-Jul-2008
ECJ Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Abridged procedure – Essentially similar medicinal products – Principle of mutual recognition of a marketing . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 20 November 2022; Ref: scu.520768

X Bv v Staatssecretaris van Financien: ECJ 23 Jan 2014

ECJ Tariff headings – Decolourising earth – Chapter 25 of the Combined Nomenclature – Tariff heading 2508 – Concept of washed products – Elimination of impurities without changing the structure of the product – Chapter 38 of the Combined Nomenclature – Tariff heading 3802

Judges:

Rosas P

Citations:

C-380/12, [2014] EUECJ C-380/12

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 November 2022; Ref: scu.520800

Orphanos v Queen Mary College: HL 1985

The complainant, a Cypriot, argued that the respondent college’s practice, determined by government policy, of charging higher fees to ‘overseas’ students than to ‘home’ students indirectly discriminated against him on the ground of his race. ‘Overseas’ students were defined as those who had not been resident in the UK or the EEC for the three years immediately preceding the commencement of their course. The respondent conceded that a considerably smaller proportion of persons of Cypriot, non-British or non-EEC nationality than of British or EEC nationality could comply with the condition regarding residence so as to qualify for the lower fees.
Held: The respondent had unlawfully discriminated against the plaintiff, but the court dismissed his claim on other grounds.
Lord Fraser of Tullybelton said: ‘The admission [by the respondent] seems to be made on the footing that Mr. Orphanos belongs to three racial groups (Cypriot, non-British, and non-E.E.C.) and that it makes no difference which of these groups is chosen for the comparison required by section 1(1)(b )(i). I agree that Mr. Orphanos belongs to each of these groups, and that each is a ‘racial group’ as defined by section 3(1) as extended by section 3(2). But I do not agree that it makes no difference which of these groups is used for the comparison under section 1(1)(b )(i). The comparison must be between the case of a person of the same racial group as Mr. Orphanos and the case of a person not of that racial group, but it must be such that ‘the relevant circumstances in the one case are the same, or not materially different, in the other’: see section 3(4). The ‘relevant circumstances’ in the present case are, in my view, that Mr. Orphanos wished to be admitted as a pupil at the college, so the comparison must be between persons of the same racial group as him who wish to be admitted to the college, and persons not of that racial group who so wish. Consider first the two largest groups – namely persons of non-British and non-E.E.C. nationality (omitting the reference to national origins brevitatis causa.) I have no doubt that the proportion of persons of non-British and non-E.E.C. nationality who wish to attend the college and who can comply with the requirement of having ordinarily resided in the E.E.C. area for three years immediately before 1 September 1982 is substantially smaller than the proportion of persons not of that group (i.e., persons who were British or E.E.C. nationals) who wish to attend the college and who can comply with it. That seems obvious and causes no difficulty. But consider now the group consisting of persons of Cypriot (or Greek Cypriot) nationality and compare it with the group consisting of persons not of Cypriot (or Greek Cypriot) nationality, i.e., consisting of all persons (except Cypriots) of every nationality from Chinese to Peruvian inclusive. If the comparison is between persons of those groups who wish to be admitted to the college as pupils I do not see how any sensible comparison can be made because it would be impracticable to ascertain the numbers of persons so wishing.’

Judges:

Lord Fraser of Tullybelton

Citations:

[1985] AC 761

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Cited by:

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 . .
Cited – London Underground Ltd v Edwards EAT 14-Feb-1995
The Tribunal considered the difficulties arising where one party was not represented, but where the case gave rise to difficult questions of law. In this case the claimant alleged sex discrimination in the context of rostering arrangements making . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 19 November 2022; Ref: scu.384325

DT (Eritrea) v Secretary of State for the Home Department: Admn 11 Dec 2008

Judges:

Blake J

Citations:

[2008] EWHC 3064 (Admin), [2009] 2 All ER 193

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – ZO (Somalia), Regina (On the Application of) v Secretary of State for the Home Department; R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same CA 20-May-2009
Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment.
Held: The appeals succeeded. The reception . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 19 November 2022; Ref: scu.278833

Balti Gaas v Commission and Inea (Financial Assistance Under The Connecting Europe Facility for The Period 2014-2020 – Decision Rejecting A Proposal – Judgment): ECFI 16 Dec 2020

Financial assistance under the Connecting Europe Facility for the period 2014-2020 – Field of trans-European energy infrastructure – Calls for proposals – Action for failure to act – No invitation to act – Inadmissibility – Action for annulment – Act not open to challenge – Preparatory act – Partial inadmissibility – Decision rejecting a proposal – Manifest errors of assessment – Obligation to state reasons – Competence of the Commission

Citations:

ECLI:EU:T:2020:612, T-236/17, [2020] EUECJ T-236/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 November 2022; Ref: scu.660696

Krombach v Bamberski: ECFI 30 Mar 2000

Normally a court within the European community could not refuse to enforce a judgment of another members state. It could do so however where the judgment had been obtained by virtue of a procedure which denied the right of a defendant to appear other than in person, and where the judgment had, accordingly been entered in the absence of contribution from the defendant. Here the French court had declined to hear from the Defendant’s legal representative in his absence.
ECFI ‘recourse to the public policy clause in article 27(1) of the Convention can be envisaged only where recognition or enforcement of the judgment delivered in another contracting state would be at variance to an unacceptable degree with the legal order of the state in which enforcement is sought in as much as it infringes a fundamental principle. In order for the prohibition of any review of the foreign judgment as to its substance to be observed, the infringement would have to constitute a manifest breach of the rule of law regarded as essential in the legal order of the state in which enforcement is sought or of a right recognised as being fundamental within that legal order.’

Citations:

Times 30-Mar-2000, Case C-7/98, [2000] EUECJ C-7/98, [2000] ECR I-1935

Links:

Bailii

Statutes:

1968 Brussels Convention

Jurisdiction:

European

Cited by:

Cited – Golubovich v Golubovich CA 21-May-2010
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Natural Justice

Updated: 19 November 2022; Ref: scu.82848

Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration: ECJ 14 Jun 2012

ECJ Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Article 13 – Third-country nationals holding a temporary residence permit – National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa – Meaning of ‘re-entry visa’ – Earlier administrative practice authorising re-entry without re-entry visa – Need for transitional measures – Absence

Judges:

J.N. Cunha Rodrigues, P

Citations:

[2012] EUECJ C-606/10, C-606/10

Links:

Bailii

Statutes:

Regulation (EC) No 562/2006

Citing:

Opinion – Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration ECJ 29-Nov-2011
ECJ Regulation (EC) No 562/2006 – Schengen Borders Code – Article 13 – Refusal of entry – Article 5 – Entry into the Schengen nationals of third countries subject to the visa requirement – Ministerial Circular – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 19 November 2022; Ref: scu.473037

Factortame Ltd and Others, Regina (on the Application of) v Secretary of State for Transport (No.5): CA 8 Apr 1998

The Secretary of State appealed against an order awarding damages for the state’s breach of European Community law.

Judges:

Lord Woolf MR, Scjiemann, Robert Walker LJJ

Citations:

[1998] EWCA Civ 1971, [1998] Eu LR 456, [1998] 3 CMLR 192, [1998] COD 381, [1999] 2 All ER 640

Links:

Bailii

Jurisdiction:

England and Wales

European, Damages

Updated: 19 November 2022; Ref: scu.268846

Italian Republic v European Commission: ECFI 19 Apr 2013

ECJ ERDF – Campania Regional Operational Programme (ROP) 2000-2006 – Regulation (EC) No 1260/1999 – Article 32(3)(f) – Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal – Infringement procedure in respect of Italy

Citations:

T-99/09, [2013] EUECJ T-99/09

Links:

Bailii

Statutes:

Regulation (EC) No 1260/1999

European

Updated: 17 November 2022; Ref: scu.472925

PPG Holdings Bv: ECJ 18 Apr 2013

ECJ Opinion – VAT – Pension fund set up by an employer as a separate legal entity – VAT on management services relating to the pension fund, invoiced to the employer – Whether deductible – Whether such services exempt from VAT as ‘management of special investment funds’

Judges:

Sharpston AG

Citations:

C-26/12, [2013] EUECJ C-26/12, [2013] EUECJ C-26/12

Links:

Bailii, Bailii

European, VAT

Updated: 17 November 2022; Ref: scu.472725

Steinel Vertrieb Gmbh v Hauptzollamt Bielefeld: ECJ 18 Apr 2013

ECJ Commercial policy – Regulation (EC) No 1470/2001 – Regulation (EC) No 1205/2007 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Definitive anti-dumping duties on imports of fluorescent compact lamps – Applicability of definitive anti-dumping duties to products classed in the tariff subheading referred to in the anti-dumping regulation – Product concerned – Scope

Judges:

R. Silva de Lapuerta, P

Citations:

C-595/11, [2013] EUECJ C-595/11

Links:

Bailii

Statutes:

Regulation (EC) No 1470/2001, Regulation (EC) No 1205/2007

European, Customs and Excise

Updated: 17 November 2022; Ref: scu.472726

Meliha Veli Mustafa v Direktor Na Fond’Garantirani etc: ECJ 18 Apr 2013

ECJ Protection of employees in the event of insolvency of their employer – Directive 80/987/EEC – Directive 2002/74/EC – Directive 2008/94/EC – Articles 2 and 3 – Obligation to provide a guarantee for employees’ claims – Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings in the register of companies – Decision to open the insolvency proceedings – Effects – Continuation of the employer’s activity)

Judges:

von Danwitz R

Citations:

C-247/12, [2013] EUECJ C-247/12

Links:

Bailii

Statutes:

Directive 80/987/EEC, Directive 2002/74/EC, Directive 2008/94/EC

European, Employment, Insolvency

Updated: 17 November 2022; Ref: scu.472724

European Commission v French Republic: ECJ 18 Apr 2013

ECJ Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 6(3) and Annex II – Directive 2001/14/EC – Article 14(2) – Lack of legal independence of the railway infrastructure manager – Article 11 – Absence of a performance scheme – Incomplete transposition

Citations:

C-625/10, [2013] EUECJ C-625/10

Links:

Bailii

Statutes:

Directive 91/440/EEC, Directive 2001/14/EC

European, Transport

Updated: 17 November 2022; Ref: scu.472720

L v M: ECJ 18 Apr 2013

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 3(4) and (5) – Determination of the type of plans likely to have significant environmental effects – Building plan ‘for development within an urban area’ exempted from an environmental assessment under national legislation – Incorrect assessment of the qualitative condition of ‘inner city development’ – No effect on the legal validity of the building plan – Effectiveness of the directive undermined

Judges:

Bay Larsen R

Citations:

C-463/11, [2013] EUECJ C-463/11

Links:

Bailii

Statutes:

Directive 2001/42/EC

Jurisdiction:

European

European

Updated: 17 November 2022; Ref: scu.472722

Continental Bulldog Club Deutschland Ev v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 17 Apr 2013

ECFI Community trade mark – Application for Community word mark CONTINENTAL – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

Judges:

N.J. Forwood, P

Citations:

T-383/10, [2013] EUECJ T-383/10

Links:

Bailii

European, Intellectual Property

Updated: 17 November 2022; Ref: scu.472654

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and Others: SC 17 Apr 2013

The agency alleged copyright infringement by the members of the appellant association who were licensed to copy newspaper articles for its members as part of its news monitoring service.
Held: It was necessary to refer to the European Court of Justice the question of whether article 5.1 of the 2001 Directive, as implemented in section 28A of the 1998 Act are satisfied.

Judges:

Lord Neuberger, President, Lord Kerr, Lord Clarke, Lord Sumption, Lord Carnwath

Citations:

[2013] UKSC 18, UKSC 2011/0202, [2013] 3 CMLR 11, [2013] ECDR 10, [2013] 2 All ER 852, [2013] EMLR 21, [2013] RPC 19

Links:

Bailii, Bailii Summary, SC Summary, SC

Statutes:

Copyright, Designs and Patents Act 1988, Directive 2001/29/EC

Jurisdiction:

England and Wales

Citing:

At first Instance – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Appeal from – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others CA 27-Jul-2011
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 17 November 2022; Ref: scu.472626

Leyla Ecem Demirkan v Federal Republic of Germany: ECJ 11 Apr 2013

ECJ (Opinion) EEC-Turkey Association Agreement – Article 41(1) of the Additional Protocol – Standstill clause – Freedom to provide services – ‘Passive’ freedom to provide services – Entry for Turkish nationals without a visa – Whether the ‘passive’ freedom to provide services extends to visiting relative

Judges:

Cruz Villalon AG

Citations:

C-221/11, [2013] EUECJ C-221/11

Links:

Bailii

Cited by:

Opinion – Leyla Ecem Demirkan v Federal Republic of Germany ECJ 24-Sep-2013
ECJ EEC-Turkey Association Agreement – Additional Protocol – Article 41(1) – ‘Standstill’ clause – Visa requirement for admission to the territory of a Member State – Freedom to provide services – The right of a . .
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 17 November 2022; Ref: scu.472563

IPK International – World Tourism Marketing Consultants Gmbh v European Commission: ECJ 10 Apr 2013

ECJ Financial assistance for an ecological tourism project – Repayment of the amounts recovered – Decision taken following the annulment by the General Court of the earlier decision cancelling the assistance – Compensatory interest -Default interest – Calculation

Citations:

T-671/11, [2013] EUECJ T-671/11

Links:

Bailii

European

Updated: 17 November 2022; Ref: scu.472561

Oreste Della Rocca v Poste Italiane Spa: ECJ 11 Apr 2013

ECJ Social policy – Directive 1999/70/EC – Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 2 – Scope of application of the Framework Agreement – Temporary employment business – Supply of temporary workers to a user undertaking – Successive fixed-term employment contracts

Judges:

E Jarasiunas P

Citations:

C-290/12, [2013] EUECJ C-290/12

Links:

Bailii

European, Employment

Updated: 17 November 2022; Ref: scu.472565

F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013

ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of residence – Refusal to pay by the Member State of last employment – Admissibility – Relevance of the judgment of the Court of 12 June 1986 in Case 1/85 Miethe – Transitional provisions – Article 87(8) – Concept of ‘unchanged situation’

Judges:

Ilesic P

Citations:

C-443/11, [2013] EUECJ C-443/11

Links:

Bailii

Statutes:

Regulation (EC) No 883/2004 65

European, Benefits

Updated: 17 November 2022; Ref: scu.472560

Rusedespred Ood v Direktor Na Direktsia etc: ECJ 11 Apr 2013

ECJ Taxation – VAT – Directive 2006/112/EC – Article 203 – Principle of fiscal neutrality – Refund to the supplier of tax paid where the recipient under an exempt transaction is refused a right of deduction

Judges:

T. von Danwitz (Rapporteur), P

Citations:

C-138/12, [2013] EUECJ C-138/12

Links:

Bailii

European, VAT

Updated: 17 November 2022; Ref: scu.472567

European Commission v Ireland: ECJ 11 Apr 2013

ECJ Failure of a Member State to fulfil obligations – Environment – Directive 2008/1/EC – Article 5 – Integrated pollution prevention and control – Conditions governing the granting of permits for existing installations – Obligation to ensure that such installations operate in accordance with the requirements of that directive

Citations:

C-158/12, [2013] EUECJ C-158/12

Links:

Bailii

Statutes:

Directive 2008/1/EC 5

European

Updated: 17 November 2022; Ref: scu.472559

Felix Swoboda GmbH v Osterreichische Nationalbank: ECJ 14 Nov 2002

(Judgment) Public service contracts – Directive 92/50/EEC – Scope ratione materiae – Moving offices of a central bank – Contract relating to both services listed in Annex I A to Directive 92/50 and services listed in Annex I B to that directive – Predominance in value terms of services listed in Annex I B

Citations:

C-411/00, [2002] EUECJ C-411/00

Links:

Bailii

Jurisdiction:

European

European

Updated: 14 November 2022; Ref: scu.178254

Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article 194(2) TFEU – Article 106a(3) of the Euratom Treaty – Promotion of nuclear energy – Guarantee notice

Citations:

C-594/18, [2020] EUECJ C-594/18P_O, ECLI:EU:C:2020:352, [2020] EUECJ C-594/18P

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 14 November 2022; Ref: scu.660169

Master Data Center Inc v The Comptroller General of Patents: PatC 11 Mar 2020

Supplementary Protection Certificates

Judges:

Mr Recorder Douglas Campbell QC

Citations:

[2020] EWHC 572 (Pat)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Master Data Center Inc v The Comptroller General of Patents (Costs) PatC 11-Mar-2020
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 14 November 2022; Ref: scu.649972

Commission v Netherlands: ECJ 3 Mar 2011

ECJ Failure of a Member State to fulfil obligations – Value added tax – Sixth VAT Directive – Directive 2006/112/EC – Application of a reduced rate – Live animals normally intended for use in the preparation of foodstuffs for human and animal consumption – Supply, importation and acquisition of horses

Judges:

A. Tizzano, P

Citations:

[2011] EUECJ C-41/09, C-41/09

Links:

Bailii

Statutes:

Directive 2006/112/EC

Citing:

Opinion – Commission v Netherlands ECJ 5-Oct-2010
ECJ (Opinion) VAT – Reduced rates – Shipping, import and acquisition of certain live animals (horses) not intended for preparation or production of food for human consumption or animal. . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 14 November 2022; Ref: scu.472091

Deutsche Umwelthilfe Ev v Bundesrepublik Deutschland: ECJ 21 Mar 2013

ECJ Opinion – Access to environmental information held by or for public authorities – Scope of the exception in Article 2(2) of Directive 2003/4/EC – Whether public authorities adopting executive regulatory instruments act in a legislative capacity

Judges:

Sharpston AG

Citations:

C-515/11, [2013] EUECJ C-515/11

Links:

Bailii

Statutes:

Directive 2003/4/EC

European, Environment

Updated: 14 November 2022; Ref: scu.471943

Magdeburger Muhlenwerke Gmbh v Finanzamt Magdeburg: ECJ 21 Mar 2013

ECJ Regional aid scheme – Investment in the processing and marketing of agricultural products – Commission decision – Incompatibility with the internal market – Abolition of incompatible aid – Time at which aid is granted – Principle of the protection of legitimate expectations

Judges:

R. Silva de Lapuerta, P

Citations:

C-129/12, [2013] EUECJ C-129/12

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471946

Szabolcs-Szatmar-Bereg Megyei v Oskar Shomodi: ECJ 21 Mar 2013

ECJ Area of freedom, security and justice – ‘Local border traffic’ at the external land borders of the Member States – Regulation (EC) No 1931/2006 – Regulation (EC) No 562/2006 – Maximum duration of stay – Rules for calculation

Citations:

C-254/11, [2013] EUECJ C-254/11

Links:

Bailii

Statutes:

Regulation (EC) No 1931/2006, Regulation (EC) No 562/2006

European, Immigration

Updated: 14 November 2022; Ref: scu.471952

Communicaid Group Ltd v European Commission: ECFI 11 Mar 2013

ECJ Application for interim measures – Public services contracts – Tendering procedure – Language training services – Rejection of tender submitted by a tenderer – Application for suspension of operation and interim measures – Loss of opportunity – Lack of serious and irreparable damage – Lack of urgency

Citations:

T-4/13, [2013] EUECJ T-4/13

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471942

SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013

ECJ Opinion – Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication of the list on the ECHA website – Time-limit for instituting proceedings – Dies a quo – Article 102(1) of the Rules of Procedure of the General Court – Claim barred by lapse of time

Judges:

Cruz Villalon AG

Citations:

C-626/11, [2013] EUECJ C-626/11

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union, Regulation (EC) No 1907/2006

European, Human Rights

Updated: 14 November 2022; Ref: scu.471951

Skatteverket v PFC Clinic Ab: ECJ 21 Mar 2013

ECJ VAT – Directive 2006/112/EC – Exemptions – Article 132(1)(b) and (c) – Hospital and medical care and closely related activities – Provision of medical care in the exercise of the medical and paramedical professions – Services consisting in the performance of plastic surgery and cosmetic treatments – Interventions of a purely cosmetic nature based solely on the patient’s wishes

Citations:

C-91/12, [2013] EUECJ C-91/12

Links:

Bailii

Statutes:

Directive 2006/112/EC

European, VAT, Health Professions

Updated: 14 November 2022; Ref: scu.471950

Salzburger Flughafen Gmbh v Umweltsenat: ECJ 21 Mar 2013

ECJ Assessment of the effects of certain projects on the environment – Directive 85/337/EEC – Articles 2(1) and 4(2) – Projects listed in Annex II – Extension works to the infrastructure of an airport – Examination on the basis of thresholds or criteria – Article 4(3) – Selection criteria – Annex III, point 2(g) – Densely populated areas

Judges:

T. von Danwitz, P

Citations:

C-244/12, [2013] EUECJ C-244/12

Links:

Bailii

Statutes:

Directive 85/337/EEC

European, Environment

Updated: 14 November 2022; Ref: scu.471949

El Corte Ingles, Sa v Office For Harmonisation In The Internal Market: ECFI 20 Mar 2013

ECFI Community trade mark – Opposition proceedings -Application for Community word mark CLUB GOURMET – Earlier national figurative mark CLUB DEL GOURMET, EN . . El Corte Ingles – Relative ground for refusal – Lack of similarity between the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 – Arguments and evidence adduced for the first time before the General Court

Citations:

T-571/11, [2013] EUECJ T-571/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 14 November 2022; Ref: scu.471944

United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

ECJ Appeal – Common foreign and security policy (CFSP) – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations – Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) – Inclusion of a person in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property – Extent and intensity of judicial review

Citations:

C-584/10, [2013] EUECJ C-584/10

Links:

Bailii

Statutes:

Regulation (EC) No 881/2002

European, Crime

Updated: 14 November 2022; Ref: scu.471911

Sophie In’t Veld v European Commission: ECFI 19 Mar 2013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) – Negotiating documents – Refusal to grant access – Exception relating to the protection of the public interest with regard to international relations – Manifest error of assessment – Proportionality – Obligation to state reasons

Judges:

NJ Forwood, P

Citations:

T-301/10, [2013] EUECJ T-301/10

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

European

Updated: 14 November 2022; Ref: scu.471910

Bouygues Sa v European Commission: ECJ 19 Mar 2013

ECJ Appeals – State aid – Financial measures in favour of France Telecom – Shareholder loan proposal – Public declarations by a member of the French Government – Decision declaring the aid incompatible with the common market and not ordering its recovery – Concept of State aid – Concept of economic advantage – Concept of commitment of State resources

Judges:

V. Skouris, P

Citations:

C-399/10, [2013] EUECJ C-399/10

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471900

Firma Leon Van Parys Nv v Kingdom Of Belgium: ECFI 19 Mar 2013

ECFI Customs union – Imports of bananas from Ecuador – Post-clearance recovery of import duties – Request for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 – Error by the customs authorities – Obvious negligence on the part of the interested party

Citations:

T-324/10, [2013] EUECJ T-324/10

Links:

Bailii

Statutes:

Regulation (EEC) No 2913/92

European, Customs and Excise

Updated: 14 November 2022; Ref: scu.471904

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013

Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to detain pending deportation was incompatible with EU law.
Held: Eder J refused part of the appellant’s claim for judicial review challenging his administrative detention by the SSHD. Article 27 of the Directive did not restrict, but rather expressly permitted a member state to restrict the freedom of movement of a third country national within the limits stated.

Judges:

Eder J

Citations:

[2013] EWHC 567 (Admin), [2013] WLR(D) 109

Links:

Bailii, WLRD

Statutes:

Immigration (European Economic Area) Regulations 2006, Parliament and Council Directive 2004/38/EC 27

Jurisdiction:

England and Wales

Cited by:

At Admn – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department CA 10-Dec-2013
The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending . .
At Admn – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 14 November 2022; Ref: scu.471759

Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009

In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees.
Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party nationals are not resident in Ireland. The UK, in any event, would be justified under EC law in taking proportionate measures to ensure that third party nationals are legally employed and lawfully resident in the member state of establishment. As the third country nationals are not lawfully resident in the Republic of Ireland, the defendant’s decisions not to regularise their status and to detain and remove them were proportionate and were not in breach of EC law.’

Judges:

Pearl David J

Citations:

[2009] EWHC 35 (Admin), [2009] 2 CMLR 22

Links:

Bailii

Statutes:

EC Treaty 49, Directive 96/71/EC: Posted Workers Directive

Jurisdiction:

England and Wales

Citing:

Cited – Commission v Germany (Freedom To Provide Services) ECJ 19-Jan-2006
Europa Failure of a Member State to fulfil obligations -? Article 49 EC -? Freedom to provide services -? Undertaking employing workers who are nationals of non-?member States -? Undertaking providing services in . .
Cited – Regina (Vetterlein) v Hampshire County Council Admn 2001
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights.
Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life . .
Cited – Raymond Vander Elst v Office des Migrations Internationales ECJ 1994
A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been ‘lawfully and habitually employed’ in Belgium and they intended to return to Belgium after completion of the project. . .
Cited – Rush Portuguesa Ld v Office National d’immigration ECJ 27-Mar-1990
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the . .
Cited – Commission v Luxembourg C-445/03 ECJ 21-Oct-2004
ECJ Failure of a State to fulfil obligations – Freedom to provide services – Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of . .
Cited – Commission v Austria (Freedom To Provide Services) ECJ 21-Sep-2006
Europa Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Undertaking employing workers who are not nationals of a Member State- Undertaking providing services in . .
Cited – Carpenter v Secretary of State for the Home Department ECJ 11-Jul-2002
The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended.
Held: The husband had business interests and activities throughout the community. The deportation of the . .
Cited – Regina (on the application of Loutchansky and Others) v The First Secretary of State 2005
The court considered the right of a worker claiming a community right to work here: ‘the underlying principle is that, in order to render a community right effective, it may be necessary to recognise a derivative right in a non-national who has no . .
Lists of cited by and citing cases may be incomplete.

Immigration, Judicial Review, European

Updated: 14 November 2022; Ref: scu.280071

Regina v Commissioners of Customs and Excise ex parte Littlewoods Home Shopping Group Limited: CA 17 Feb 1998

Charge to VAT on basis already withdrawn on suppliers to self financed retailer after cessation of trading was contrary to EC law

Citations:

Times 03-Mar-1998, [1998] EWCA Civ 262

Statutes:

EC Directive 77/388/EEC

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v HM Customs and Excise, ex parte Littlewoods Home Shopping Admn 13-Jan-1997
. .

Cited by:

Appealed to – Regina v HM Customs and Excise, ex parte Littlewoods Home Shopping Admn 13-Jan-1997
. .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 14 November 2022; Ref: scu.143740

Majtczak, Feng Shen Technology Co. Ltd, v Office For Harmonisation In The Internal Market: ECJ 7 Feb 2013

ECJ Appeals – Community trade mark – Regulation (EC) No 40/94 – Article 51(1)(b) – Applicant’s bad faith when filing the Community trade mark – Figurative mark ‘FS’ – Application for a declaration of invalidity

Judges:

A. Rosas, P

Citations:

C-266/12, [2013] EUECJ C-266/12

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 14 November 2022; Ref: scu.471527

Petersen v Finanzamt Ludwigshafen: ECJ 28 Feb 2013

ECJ Freedom to provide services – Freedom of movement for workers – Legislation of a Member State allowing exemption from taxation on income received for work carried out in another State in the context of development aid – Conditions – Establishment of the employer within the national territory – Refusal where the employer is established in another Member State

Judges:

A. Tizzano, P

Citations:

C-544/11, [2013] EUECJ C-544/11

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471529

Swm Costruzioni 2 Spa v Provincia Di Fermo: ECJ 28 Feb 2013

ECJ Opinion – Directive 2004/18/EC – Award of public works contracts – Economic and financial standing of an economic operator – Technical and/or professional ability of an economic operator – Reliance on the capacities of more than one auxiliary undertaking

Judges:

Jaaskinen AG

Citations:

C-94/12, [2013] EUECJ C-94/12

Links:

Bailii

Statutes:

Directive 2004/18/EC

European

Updated: 14 November 2022; Ref: scu.471531

Lapin Elinkeino v Lapin Luonnonsuojelupiiri Ry: ECJ 7 Mar 2013

ECJ Environment – Waste – Hazardous waste – Directive 2008/98/EC – Old telecommunications poles treated with CCA (copper-chromium-arsenic) solutions – Registration, evaluation and authorisation of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – List of uses for treated wood in Annex XVII to the REACH Regulation – Old telecommunications poles used as underlay for duckboards

Judges:

R Silva de Lapuerta, P

Citations:

C-358/11, [2013] EUECJ C-358/11

Links:

Bailii

Statutes:

Directive 2008/98/EC, Regulation (EC) No 1907/2006

European, Environment

Updated: 14 November 2022; Ref: scu.471539

ITV Studios Ltd v TVCatchup Ltd: ECJ 7 Mar 2013

ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting by a third party over the internet of signals of commercial television broadcasters – ‘Live streaming’ – Communication to the public

Judges:

L. Bay Larsen, P

Citations:

C-607/11, [2013] EUECJ C-607/11

Links:

Bailii

Statutes:

Directive 2001/29/EC 3(1)

Citing:

At Patents Court – ITV Broadcasting Ltd and Others v TV Catchup Ltd PatC 18-Jul-2011
. .
Reference – ITV Broadcasting Ltd and Others v TVCatchup Ltd and Another PatC 14-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

European, Media

Updated: 14 November 2022; Ref: scu.471538

Ordem Dos Tecnicos Oficiais De Contas v Autoridade Da Concorrencia: ECJ 28 Feb 2013

ECJ Association of chartered accountants – Rules relating to a system of compulsory training for chartered accountants – Article 101 TFEU -Association of undertakings – Restriction of competition – Justifications – Article 106(2) TFEU

Judges:

R Silva de Lapuerta P

Citations:

C-1/12, [2013] EUECJ C-1/12

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471528

Rutgers Germany Gmbh v European Chemicals Agency (ECHA): ECFI 7 Mar 2013

ECJ REACH – Identification of anthracene oil (anthracene paste) as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality

Citations:

T-96/10, [2013] EUECJ T-96/10

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471542

Gabor Fekete v Nemzeti Ado- Es Vamhivatal Kozep-Dunantuli Regionalis . .: ECJ 7 Mar 2013

ECJ Community Customs Code – Article 137 – Regulation implementing the Customs Code – Article 561(2) – Conditions for total relief from import duties – Importation into a Member State of a vehicle whose owner is established in a third country – Private use of the vehicle authorised by the owner otherwise than by an employment contract concluded with the user – No relief

Judges:

E Jarasiunas P

Citations:

C-182/12, [2013] EUECJ C-182/12

Links:

Bailii

European, Customs and Excise

Updated: 14 November 2022; Ref: scu.471537

Wheels Common Investment Fund Trustees Ltd v Commissioners for Her Majesty’s Revenue And Customs: ECJ 7 Mar 2013

ECJ Value added tax – Directive 77/388/EEC – Exemption of the management of special investment funds – Scope – Occupational retirement pension schemes

Judges:

A. Tizzano, P

Citations:

C-424/11, [2013] EUECJ C-424/11

Links:

Bailii

Statutes:

Directive 77/388/EEC

European, VAT, Financial Services

Updated: 14 November 2022; Ref: scu.471543

Finanzamt Freistadt Rohrbach Urfahr v Unabhangiger Finanzsenat Ausenstelle Linz: ECJ 7 Mar 2013

ECJ Opinion – VAT – Definition of ‘economic activity’ – Photovoltaic system installed on the roof of a private household – Electricity sold to a provider who supplies the household’s electricity needs

Judges:

Sharpston AG

Citations:

C-219/12, [2013] EUECJ C-219/12

Links:

Bailii

European, VAT

Updated: 14 November 2022; Ref: scu.471536

Rutgers Germany Gmbh, Sa v European Chemicals Agency: ECFI 7 Mar 2013

ECFI REACH – Identification of anthracene oil as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality

Judges:

Dittrich R

Citations:

T-94/10, [2013] EUECJ T-94/10

Links:

Bailii

European

Updated: 14 November 2022; Ref: scu.471541

Republic of Poland v European Commission: ECFI 7 Mar 2013

ECJ Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Transitional rules for harmonised free allocation of emission allowances from 2013 – Benchmarks to be applied to calculate the allocation of emission allowances – Equal treatment – Proportionality

Citations:

T-370/11, [2013] EUECJ T-370/11

Links:

Bailii

Statutes:

Directive 2003/87/EC

European, Environment

Updated: 14 November 2022; Ref: scu.471540

Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013

Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features of private and family life may develop which themselves have to be considered as aspects of the applicant’s legal position. During the significant period of time when an applicant cannot be removed from the country, the question arises as to whether he should be permitted to take employment here. Different policy issues are in play. On the one hand, if he is permitted to work, the burden on the public finances will be relieved and he will have a more normal existence. On the other hand, British nationals and others with a right to seek employment here, including citizens of the European Union, will face increased competition for scarce jobs. Until recently, this aspect of asylum was largely a matter of domestic law, including any entitlement arising from the Human Rights Act 1998. However, the law now has a specific EU dimension. ‘

Judges:

Maurice Kay VP, Rimer LJJ, Sir Stanley Burnton

Citations:

[2013] EWCA Civ 151

Links:

Bailii

Statutes:

Council Directive 2003/9/EC

Jurisdiction:

England and Wales

Citing:

Cited – ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 28-Jul-2010
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Human Rights

Updated: 14 November 2022; Ref: scu.471504

European Commission v Kingdom of Spain: ECJ 28 Feb 2013

ECJ Failure of a Member State to fulfil obligations – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of charges – Charges – Management independence

Judges:

A. Tizzano, P

Citations:

C-483/10, [2013] EUECJ C-483/10

Links:

Bailii

Statutes:

Directive 2001/14/EC

European, Transport

Updated: 14 November 2022; Ref: scu.471525

Jaramillo v European Investment Bank: ECJ 28 Feb 2013

ECJ Review of the judgment in Case T-234/11 P – Action for annulment – Admissibility – Time-limit for bringing proceedings – Time-limit not set by a provision of European Union law – Concept of ‘reasonable period’ – Interpretation – Obligation on the Courts of the European Union to take account of the particular circumstances of each case – Right to an effective legal remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Whether the consistency of European Union law is affected

Citations:

C-334/12, [2013] EUECJ C-334/12

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union 47

European

Updated: 14 November 2022; Ref: scu.471526

Christa Beker v Finanzamt Heilbronn: ECJ 28 Feb 2013

ECJ Free movement of capital – Income tax – Income from capital – Convention for the avoidance of double taxation – Dividends distributed by companies established in Member States and third countries – Calculation of the maximum amount of foreign withholding tax deductible against national income tax – Failure to take account of personal and lifestyle costs – Justification

Judges:

A Rosas

Citations:

C-168/11, [2013] EUECJ C-168/11

Links:

Bailii

European, Income Tax

Updated: 14 November 2022; Ref: scu.471521

Concepcion Maestre Garcia v Centros Comerciales Carrefour Sa: ECJ 21 Feb 2013

ECJ Article 99 of the Rules of Procedure – Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Annual leave scheduled by the undertaking coinciding with sick leave – Entitlement to take annual leave at another time – Allowance in lieu of annual leave not taken

Judges:

M Berger, P

Citations:

C-194/12, [2013] EUECJ C-194/12

Links:

Bailii

Statutes:

Directive 2003/88/EC

European, Employment

Updated: 14 November 2022; Ref: scu.471522

European Commission v Hungary: ECJ 28 Feb 2013

ECJ Failure of a Member State to fulfil obligations – Development of the Community’s railways – Allocation of railway infrastructure capacity – Levying of charges for the use of railway infrastructure – Directives 91/440/EEC and 2001/14/EC – Incomplete transposition

Judges:

A. Tizzano, P

Citations:

C-473/10, [2013] EUECJ C-473/10

Links:

Bailii

Statutes:

Directive 2001/14/EC, Directive 91/440/EEC

European, Transport

Updated: 14 November 2022; Ref: scu.471524

Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 2012

The court was asked whether a district judge had power under section 177 and section 205 of the 2003 Act to impose, by way of a requirement under a community order, a direction that a citizen of another country in the EU, who has been convicted of an offence, can be excluded from entering the UK for 12 months.

Judges:

Sir John Thomas P QBD, Cranston J

Citations:

[2012] EWHC 4105 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 2003 177 205

Criminal Sentencing, European

Updated: 14 November 2022; Ref: scu.471261

Patricia Dumont De Chassart v Office National D’Allocations Familiales Pour Travailleurs Salaries: ECJ 21 Feb 2013

ECJ Social security – Regulation (EEC) No 1408/71 – Articles 72, 78(2)(b) and 79(1)(a) – Family benefits for orphans – Aggregation of periods of insurance and employment – Periods completed by the surviving parent in another Member State – Not taken into account

Judges:

Ilesic P

Citations:

C-619/11, [2013] EUECJ C-619/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

European, Benefits

Updated: 14 November 2022; Ref: scu.471217

LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013

ECJ Citizenship of the Union – Freedom of movement for workers – Principle of equal treatment – Article 45(2) TFEU – Regulation (EEC) No 1612/68 – Article 7(2) – Directive 2004/38/EC – Article 24(1) and (2) – Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student loans – European Union citizen studying in a host Member State – Paid employment prior to and subsequent to the start of studies – Principal objective of the person concerned at the time of entry on the territory of the host Member State – Effect on his classification as worker and on his entitlement to student grants

Judges:

M. Ilesic, P

Citations:

C-46/12, [2013] EUECJ C-46/12

Links:

Bailii

Statutes:

Directive 2004/38/EC

European, Employment

Updated: 14 November 2022; Ref: scu.471213

Seven Spa v Office For Harmonisation In The Internal Market: ECJ 21 Feb 2013

ECJ Appeal – Community trade mark – Opposition proceedings – Earlier word mark – Element ‘SEVEN’ – Similarity of the signs – Likelihood of confusion – Relative ground for refusal

Judges:

R. Silva de Lapuerta (Rapporteur), P

Citations:

C-655/11, [2013] EUECJ C-655/11

Links:

Bailii

European, Intellectual Property

Updated: 14 November 2022; Ref: scu.471219

Finanzamt Koln-Nord v Wolfram Becker: ECJ 21 Feb 2013

ECJ Sixth VAT Directive – Article 17(2)(a) – Right to deduct input tax – Need for a direct and immediate link between an input and an output transaction – Criterion for determining that link – Services of lawyers performed in the context of criminal proceedings for corruption brought in a personal capacity against the managing director and main partner of a limited company

Judges:

A. Tizzano, P

Citations:

C-104/12, [2013] EUECJ C-104/12

Links:

Bailii

Statutes:

Council Directive 77/388/EEC

European, VAT

Updated: 14 November 2022; Ref: scu.471211

MA and Others v Secretary of State For The Home Department: ECJ 21 Feb 2013

ECJ Regulation (EC) No 343/2003 (Dublin II) – Determining the Member State responsible for examining asylum applications lodged by unaccompanied minors who are third-country nationals – Several applications – Best interests of the minor

Judges:

Cruz Villalon AG

Citations:

C-648/11, [2013] EUECJ C-648/11

Links:

Bailii

Statutes:

Regulation (EC) No 343/2003

European, Immigration, Children

Updated: 14 November 2022; Ref: scu.471214

Mesto Zamberk v Financni Reditelstvi V Hradci Kralove: ECJ 21 Feb 2013

ECJ Taxation – VAT – Directive 2006/112/EC – Article 132(1)(m) – Exemption – Supply of services closely linked to sport or physical education – Taking part in sporting activities of a non-organised and unsystematic nature – Municipal aquatic park

Citations:

C-18/12, [2013] EUECJ C-18/12

Links:

Bailii

Statutes:

Directive 2006/112/EC

European, VAT

Updated: 14 November 2022; Ref: scu.471215

Ministero Per I Beni E Le Attivita Culturali v Ordine Degli Architetti Della Provincia Di Venezia: ECJ 21 Feb 2013

ECJ Directive 85/384/EEC – Mutual recognition of qualifications in the field of architecture – Articles 10 and 11(g) – National legislation recognising equivalence of qualifications in architecture and civil engineering, but reserving work on classified heritage buildings to architects – Principle of equal treatment – Situation purely internal to a Member State

Citations:

C-111/12, [2013] EUECJ C-111/12

Links:

Bailii

Statutes:

Directive 85/384/EEC

European

Updated: 14 November 2022; Ref: scu.471216

Commission v Bavarian Lager: ECJ 29 Jun 2010

ECJ Appeal – Access to the documents of the institutions – Document concerning a meeting held in the context of a procedure for failure to fulfil obligations -Protection of personal data – Regulation (EC) No 45/2001 – Regulation (EC) No 1049/2001

Judges:

V. Skouris, P

Citations:

[2010] EUECJ C-28/08, C-28/08, [2011] Bus LR 867

Links:

Bailii

Citing:

Cited – Commission v Bavarian Lager ECJ 15-Oct-2009
ECJ Opinion – Appeal – Access to documents of Community institutions -Document relating to a meeting held in proceedings for failure to fulfil obligations.
‘It should be noted that in paragraph 104 the . .
Cited – Criminal proceedings against Lindqvist ECJ 6-Nov-2003
Mrs Lindqvist had set up an internet site for her local parish containing information about some of her colleagues in the parish. She gave names, jobs, hobbies and in one case some of the person’s employment and medical details. The Court decided . .
Lists of cited by and citing cases may be incomplete.

European, Information

Updated: 14 November 2022; Ref: scu.471153

Anheuser-Busch v Budejovicky Budvar: ECJ 29 Mar 2011

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(4) – Application for registration of the word and figurative mark BUD – Opposition – Indication of geographical origin ‘bud’ – Protection under the Lisbon Agreement and bilateral treaties between two Member States – Use in the course of trade – Sign of more than mere local significance

Judges:

V. Skouris, P

Citations:

[2011] EUECJ C-96/09, C-96/09

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(4)

Citing:

Opinion – Anheuser-Busch v Budejovicky Budvar ECJ 14-Sep-2010
ECJ (Opinion) Appeal – Community trade mark – Article 8(4) of Regulation No 40/94 – Opposition by the proprietor of the appellation of origin Bud – Use in the course of trade – Sign of more than mere local . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 14 November 2022; Ref: scu.471046

Alemo-Herron and Others v Parkwood Leisure Ltd: ECJ 19 Feb 2013

ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in Werhof – Negative aspect of the fundamental right to freedom of association – Freedom to conduct a business – Articles 12 and 16 of the Charter of Fundamental Rights of the European Union)

Judges:

Cruz Villalon AG

Citations:

C-426/11, [2013] EUECJ C-426/11

Links:

Bailii

Citing:

At SC – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
At CA – Parkwood Leisure Ltd v Alemo-Herron and 23 Others CA 29-Jan-2010
The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national . .
At EAT – Alemo-Herron v Parkwood Leisure Ltd EAT 12-Jan-2009
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive
TRANSFER OF UNDERTAKINGS: Varying terms of employment
As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 14 November 2022; Ref: scu.471042

Rubinstein And L’Oreal v OHIM: ECJ 10 May 2012

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(5) – Community word marks BOTOLIST and BOTOCYL – Community and national figurative and word marks BOTOX – Declaration of invalidity – Relative grounds for refusal – Damage to reputation

Judges:

A. Tizzano, P

Citations:

C-100/11, [2012] EUECJ C-100/11 – P

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(5)

Citing:

Opinion – Rubinstein And L’Oreal v OHIM ECJ 16-Feb-2012
ECJ Opinion – Appeal – Community trade mark – Trade mark which has a reputation for the purposes of Article 8(5) of Regulation No 40/94 – Conditions governing protection – Invalidity proceedings – Rule 38 of . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 14 November 2022; Ref: scu.471006

Atlantic Container and others v Commission: ECJ 30 Sep 2003

ECJ Competition – Liner conferences – Regulation (EEC) No 4056/86 – Block exemption – Individual exemption – Collective dominant position – Abuse – Service contracts – Accession to the conference – Alteration of the competition structure – Withdrawal of block exemption – Fines – Rights of the defence

Judges:

K. Lenaerts, P

Citations:

[2003] EUECJ T-191/98

Links:

Bailii

Statutes:

egulation (EEC) No 4056/86

Citing:

See Also – Atlantic Container and others v Commission ECFI 21-Jul-1999
ECFI 1 Article 104(2)of the Rules of Procedure of the Court of First Instance provides that applications for interim measures must state the circumstances giving rise to urgency and the pleas of fact and law . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 14 November 2022; Ref: scu.470890

B v Germany: ECJ 9 Nov 2010

ECJ Directive 2004/83/EC – Minimum standards for the grant of refugee status or of subsidiary protection – Article 12 – Exclusion from refugee status – Article 12(2)(b) and (c) – Notion of ‘serious non-political crime’ – Notion of ‘acts contrary to the purposes and principles of the United Nations’ – Membership of an organisation involved in terrorist acts – Subsequent inclusion of that organisation on the list of persons, groups and entities which forms the Annex to Common Position 2001/931/CFSP – Individual responsibility for part of the acts committed by that organisation – Conditions – Right of asylum by virtue of national constitutional law – Compatibility with Directive 2004/83/EC
Directive 2004/83/EC

Judges:

V Skouris P

Citations:

[2010] EUECJ C-57/09, C-57/09

Links:

Bailii

Citing:

Opinion – B v Germany ECJ 1-Jun-2010
ECJ Minimum standards for conditions to be fulfilled by third-country nationals or stateless persons as refugees – Reasons for exclusion from refugee status – Article 12, paragraph 2 b) of Directive 2004/83 / EC . .

Cited by:

Cited – Al-Sirri v Secretary of State for The Home Department SC 21-Nov-2012
The appellants had been refused refugee status on the ground that they were suspected of having been guilty of terrorist acts. They said that the definition of terrorism applied within the UK was wider than that in the Convention which contained the . .
Lists of cited by and citing cases may be incomplete.

European, Crime

Updated: 14 November 2022; Ref: scu.470873