Category: European

Regina v Intervention Board for Agricultural Produce, ex parte British Sugar plc: ECJ 10 Jan 2002

ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division (Crown Office) – United Kingdom. Agriculture – Common organisation of the markets – Sugar – Attribution as ‘C sugar’ of a quantity of sugar produced during a given marketing year – Charge payable in respect of sugar disposed of on the internal market – Levied in the case of export with an export licence – Export refunds.

Citations:

C-101/99, [2002] EUECJ C-101/99

Links:

Bailii

Jurisdiction:

European

European, Agriculture

Updated: 05 June 2022; Ref: scu.167377

Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001

BNFL sought permission to operate a plant manufacturing MOX fuel from nuclear waste. The applicants sought judicial review of the respondent’s permission. The Act provided no way of challenging a plant before its construction. When permission was sought, it was on the basis that the construction costs, of andpound;300 million, having already been incurred no longer formed part of the economic equation against which it was to be assessed. There was no formal requirement for such an assessment but case law suggested it was required to test the economic benefit of the development. The claimants argued that the assessment should include the capital costs. The assessment should not be arbitrarily affected by the time at which it was carried out. The Minister argued that the law gave him a wide discretion as to how it should be assessed.
Held: Although the discretion was not as wide as had been argued, the Secretary of State had adopted a classic economic approach to sunk costs. That was within his discretion. Review refused.

Judges:

Mr Justice Collins

Citations:

[2001] EWHC Admin 914

Links:

Bailii

Statutes:

Radioactive Substances Act 1993, Euratom Treaty Directive 80/836 Articles 6(a) and 13, Directive 96/29

Jurisdiction:

England and Wales

Environment, European

Updated: 05 June 2022; Ref: scu.167263

Heininger v Bayerische Hypo-und Vereinsbank AG: ECJ 13 Dec 2001

ECJ Consumer protection – Doorstep selling – Right of cancellation – Agreement to grant credit secured by charge on immovable property.

Citations:

[2004] CEC 202, C-481/99, [2001] ECR I-9945, [2001] EUECJ C-481/99, [2004] All ER (EC) 1, ECLI:EU:C:2001:684, [2003] 2 CMLR 42

Links:

Bailii

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – E. Friz GmbH v Carsten von der Heyden (Environment And Consumers) ECJ 15-Apr-2010
ECJ Consumer protection – Contracts negotiated away from business premises Scope of Directive 85/577/EEC – Entry into a closed-end real property fund established in the form of a partnership – Cancellation.
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 05 June 2022; Ref: scu.167125

Regina v Minister of Agriculture Fisheries and Food, ex parte S P Anastasiou (Pissouri) Ltd and Others (2): HL 17 Dec 2001

The claimants asserted that citrus fruit exported from Turkish Cyprus via Turkey, and certified in Turkey, should not be imported. Imports required phytosanitary certificates conforming to European standards. They asserted that the regulations required the goods to certified in their country of origin. The European court had said that certificates issued in third countries could be valid under appropriate circumstances, according to the matters certified. The question has not been settled as to the application of the certificate to the packaging in a third country and the question referred to the European Court.

Judges:

Lord Slynn of Hadley Lord Steyn Lord Hope of Craighead

Citations:

[2001] UKHL 71, [2002] Eu LR 55

Links:

House of Lords, Bailii

Statutes:

Plant Health (Great Britain) Order 1993 (1993 No 1320) Schedule 4A2 (31.1), Directive 77/93/EC 9(1)

Jurisdiction:

England and Wales

Citing:

Cited – Aksionairnoye Obschestvo A M Luther v James Sagor and Co CA 1921
A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
Cited – Regina v Treasury and Commissioners of Inland Revenue, Ex Parte Daily Mail and General Trust Plc ECJ 27-Sep-1988
. .
Cited – TV10 v Commissariaat voor de Media (Judgment) ECJ 5-Oct-1994
. .
Lists of cited by and citing cases may be incomplete.

Agriculture, European

Updated: 05 June 2022; Ref: scu.167067

De Coster v College des bourgmestre et echevins de Watermael-Boitsfort: ECJ 29 Nov 2001

ECJ Reference for a preliminary ruling – Definition of a national court or tribunal – Freedom to provide services – Municipal tax on satellite dishes – Restriction on the freedom to receive television programmes by satellite

Judges:

P. Jann, P

Citations:

C-17/00, [2001] EUECJ C-17/00, [2002] All ER (EC) 154, [2001] ECR I-944, [2001] ECR I-9445, ECLI:EU:C:2001:651, [2002] 1 CMLR 12

Links:

Bailii

European, Media

Updated: 05 June 2022; Ref: scu.166996

Youview.Tv v OHMI – Youview Tv (Youview+): ECFI 1 Jul 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark YouView+ – Earlier Benelux figurative trade mark You View YouView.tv – Late submission of documents – Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 – Concept of a ‘provision to the contrary’ – Rule 20(1) of Regulation (EC) No 2868/95

Judges:

M.E. Martins Ribeiro, P

Citations:

T-480/13, [2014] EUECJ T-480/13

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 76(2), Regulation (EC) No 2868/95 20(1)

Jurisdiction:

European

Intellectual Property

Updated: 05 June 2022; Ref: scu.533729

Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.

Citations:

Gazette 12-Apr-2001

Statutes:

Recommendations of the International Commission on Radiological Protection (Nov 1990), Environment Act 1995 16(4A)(b)

Jurisdiction:

England and Wales

European, Environment, Administrative

Updated: 05 June 2022; Ref: scu.88445

Commission v Netherlands: ECJ 8 Nov 2001

ECJ Failure of a Member State to fulfil its obligations – Articles 17(2)(a) and 18(1)(a) of the Sixth VAT Directive – National legislation allowing an employer to deduct, as input tax, a certain percentage of an allowance paid to an employee for business use of a private vehicle.
The court referred to the objectives of the VAT Directive as including ‘fiscal neutrality and the avoidance of double taxation’.

Citations:

C-338/98, [2001] EUECJ C-338/98

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Harvey, Regina v SC 16-Dec-2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 04 June 2022; Ref: scu.166862

Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc: ECJ 25 Oct 2001

ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid leave for posted workers on a business in the construction industry established in another Member State which provides services in the first Member State by posting workers for that purpose, on the two-fold condition that: (i) the workers do not enjoy an essentially similar level of protection under the law of the Member State where their employer is established, so that the application of the national rules of the first Member State confers a genuine benefit on the workers concerned, which significantly adds to their social protection, and (ii) the application of those rules by the first Member State is proportionate to the public interest objective pursued.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude the extension of the rules of a Member State which provide for a longer period of paid leave than that provided for by Directive 93/104, concerning certain aspects of the organisation of working time, necessary for the social protection of construction workers to workers posted to that Member State by providers of services in the construction sector established in other Member States during the period of the posting.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude national rules from allowing businesses established in the host Member State to claim reimbursement of expenditure on holiday pay and holiday allowances from the paid leave fund, whereas it does not provide for such a claim in the case of businesses established in other Member States, but instead provides for a direct claim by the by the posted workers against the fund, in so far as a difference in their treatment is justified by objective differences between businesses in the construction sector established in the host Member State and those established in other Member States as regards the effective implementation of the obligation to give holiday pay to workers.
The obligation, imposed by national rules designed to provide effective protection of workers in the construction industry, in particular as regards their entitlement to paid leave, on undertakings established in another Member State which post workers to work in the national territory, to disclose more information to the paid leave fund than employers established in the host Member State constitutes a restriction on the freedom to provide services within the meaning of Article 59 of the Treaty (now, after amendment, Article 49 EC).
Such a restriction may be justified only if it is necessary in order to safeguard, effectively and by appropriate means, the overriding public interest of the social protection of workers.
It is for the national court to determine, having regard to the principle of proportionality, the type of information that the authorities of the Member State concerned may reasonably require of providers of services established in another Member State. For this purpose, the national court should consider whether the objective differences between the position of businesses established in the national territory and that of businesses established in other Member States objectively require the additional information required of the latter.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) preclude the application of a Member State’s scheme for paid leave to all businesses established in other Member States providing services to the construction industry in the first Member State where businesses established in the first Member State, only part of whose activities are carried out in that industry, are not all subject to that scheme in respect of their workers engaged in that industry.

Citations:

C-49/98, [2001] EUECJ C-49/98, C-70/98, C-71/98, C-50/98, C-52/98, C-53/98, C-54/98, C-68/98, C-69/98, [2001] ECR I-7831, [2003] 2 CMLR 11

Links:

Bailii

Cited by:

Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 04 June 2022; Ref: scu.166754

Bacardi GmbH v Hauptzollamt Bremerhaven: ECJ 27 Sep 2001

ECJ Community Customs Code and implementing regulation – Repayment of import duties – Favourable tariff treatment – Post-clearance production of certificate of authenticity – Alteration of the tariff classification stated in the customs declaration – Concept of special situation

Judges:

C. Gulmann, P

Citations:

C-253/99, [2001] EUECJ C-253/99, ECLI:EU:C:2001:490, [2002] CEC 72, [2001] ECR I-6493,

Links:

Bailii

European, Customs and Excise

Updated: 04 June 2022; Ref: scu.166665

Merz and Krell GmbH and Co: ECJ 4 Oct 2001

ECJ Trade marks – Approximation of laws – Article 3(1)(d) of First Directive 89/104/EEC – Grounds for refusal or invalidity – Trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade – Need for signs or indications to have become customary to designate the goods or services in respect of which registration of the mark is sought – No need for the signs or indications to be directly descriptive of the properties or characteristics of the goods or services in respect of which registration of the mark is sought.

Citations:

C-517/99, [2001] EUECJ C-517/99

Links:

Bailii

European, Intellectual Property

Updated: 04 June 2022; Ref: scu.166677

Schieving-Nijstad VOF and Others v Groeneveld: ECJ 13 Sep 2001

ECJ Reference for a preliminary ruling: Hoge Raad der Nederlanden – Netherlands. Agreement establishing the World Trade Organisation – Article 50(6) of the TRIPs Agreement – Interpretation – Direct effect – Application to proceedings pending at the time of entry into force in the State concerned – Conditions regarding the time-limit for bringing substantive proceedings – Calculation of that time-limit.

Citations:

[2001] EUECJ C-89/99, C-89/99

Links:

Bailii

Cited by:

Cited – Nova Productions Ltd v Mazooma Games Ltd and others CA 14-Mar-2007
The defendant appealed against a finding of copyright infringement in a computer game.
Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a . .
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 . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.166203

Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij: ECJ 12 Jul 2001

(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be moved nor mix with other animals. They claimed that the ban on vaccination which left the cull as an only alternative, was made without regard to a principle of promoting the welfare of animals. The protection of animals was neither an objective of the community, nor a principle of law. The directive was not manifestly inappropriate.
ECJ Agriculture – Control of foot-and-mouth disease – Prohibition of vaccination – Principle of proportionality – Taking animal welfare into account
‘the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate’

Citations:

Times 19-Jul-2001, [2001] EUECJ C-189/01, C-189/01, [2001] ECR I-5689, ECLI:EU:C:2001:420

Links:

Bailii

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.

Agriculture, European, Animals

Updated: 04 June 2022; Ref: scu.162815

Connolly v Commission: ECJ 6 Mar 2001

Appeal – Officials – Disciplinary proceedings – Suspension – Statement of reasons – Alleged misconduct – Articles 11, 12 and 17 of the Staff Regulations – Equal treatment

Judges:

GC Rodriguez Iglesias, P

Citations:

C-273/99, [2001] EUECJ C-273/99P, [2001] EUECJ C-273/99

Links:

Bailii, Bailii

Cited by:

See Also – Connolly v Commission (Judgment) ECJ 6-Mar-2001
ECJ Appeal – Officials – Disciplinary proceedings – Articles 11, 12 and 17 of the Staff Regulations – Freedom of expression – Duty of loyalty – Conduct reflecting on an official’s position . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.162680

Connolly v Commission (Judgment): ECJ 6 Mar 2001

ECJ Appeal – Officials – Disciplinary proceedings – Articles 11, 12 and 17 of the Staff Regulations – Freedom of expression – Duty of loyalty – Conduct reflecting on an official’s position

Judges:

GC Rodriguez Iglesias, P

Citations:

C-274/99, [2001] EUECJ C-274/99P, [2001] EUECJ C-274/99

Links:

Bailii, Bailii

Citing:

See Also – Connolly v Commission ECJ 6-Mar-2001
Appeal – Officials – Disciplinary proceedings – Suspension – Statement of reasons – Alleged misconduct – Articles 11, 12 and 17 of the Staff Regulations – Equal treatment . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.162681

Cabletron Systems Ltd v The Revenue Commissioners: ECJ 10 May 2001

ECJ Regulations No 1638/94 and No 1165/95 concerning the classification of certain goods in the Combined Nomenclature are invalid inasmuch as they classify under heading No 8517 of the Combined Nomenclature (electrical apparatus for line telephony or line telegraphy) the adapters, link adapters and transceivers described in items 1 to 3 of the annex to Regulation No 1638/94 and the adapter cards described in item 4 of the annex to Regulation No 1165/95.
The Commission ought to have realised, in the light of the wording of headings No 8471 and No 8517, read in conjunction with the explanatory notes, as worded when those regulations were adopted, that it was wrong to classify those types of network equipment under heading No 8517. That error is manifest and consequently renders those regulations invalid.
Items of computer network equipment which are connectable to the central processing unit either directly or through one or more other units, which are specifically designed as part of a data-processing system, which are able to accept or deliver data in a form which can be used by the system and which have no function that they would be capable of performing without the assistance of an automatic data-processing machine must be classified under heading No 8471 of the Combined Nomenclature.

Citations:

[2001] EUECJ C-463/98, C-463/98, [2001] ECR I-3495

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, Customs and Excise

Updated: 04 June 2022; Ref: scu.162737

Commission v France C-230/99: ECJ 15 Feb 2001

(Judgment) Failure of a Member State to fulfil its obligations – Infringement of Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – National legislation concerning rubber materials and rubber articles entering into contact with foodstuffs, food products and beverages – Mutual recognition – No proper letter of formal notice – Action inadmissible

Citations:

[2001] EUECJ C-230/99

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 June 2022; Ref: scu.162669

VauDe Sport GmbH and Co KG v Oberfinanzdirektion Koblenz: ECJ 10 May 2001

Europa The Combined Nomenclature, set out in Annex I to Regulation No 1359/95 amending Annexes I and II to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, and repealing Regulation No 802/80, is to be interpreted in such a way that a product called a child carrier, which is designed for carrying a child in a seated position on an adult’s back, consists essentially of a support frame of aluminium tubing and a child’s seat of synthetic material, is assembled by being sewn together, is padded at the sides and at head level, and fitted out with safety belts, padded shoulder straps and a textile waist band, and which includes a pocket for storing small items under the seat, is to be classified under tariff heading 6307, in application of general rule 3(b) for the interpretation of the Combined Nomenclature. The textile parts that give such a product its essential character fall under that heading.

Citations:

[2001] EUECJ C-288/99, C-288/99, [2001] ECR I-3683

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 . .
Cited – HM Revenue and Customs v Epson Telford Ltd ChD 4-May-2007
The parties disputed whether inkjet printer cartridges were to be classsified on import as parts of printers, and free of duty, or as ink and subject to duty.
Held: ‘I can see no reason why the advances in design and technology incorporated . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.162766

Mayeur v Association Promotion de l’Information Messine: ECJ 26 Sep 2000

ECJ Maintenance of workers’ rights in the event of transfer of an undertaking – Transfer to a municipality of an activity previously carried out, in the interests of that municipality, by a legal person established under private law

Citations:

C-175/99, [2000] EUECJ C-175/99

Links:

Bailii

European, Employment

Updated: 04 June 2022; Ref: scu.162655

Commission v Spain: ECJ 18 Jan 2001

ECJ Judgment – Failure of a Member State to fulfil its obligations – Article 12(3)(a) of the Sixth VAT Directive – Application of a reduced rate to motorway tolls

Citations:

[2001] EUECJ C-83/99, C-83/99, [2001] ECR I-445

Links:

Bailii

Cited by:

Cited – Abbey National Plc and others v The Office of Fair Trading CA 26-Feb-2009
The OFT had sought to enquire as to the fairness of the terms on which banks conducted their accounts with consumers, and in particular as to how they charged for unauthorised overdrafts. The banks denied that the OFT had jurisdiction, and now . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.162620

Emsland-Starke GmbH v Hauptzollamt Hamburg-Jonas: ECJ 14 Dec 2000

ECJ Articles 9(1), 10(1) and 20(2) to (6) of Regulation No 2730/79 laying down common detailed rules for the application of the system of export refunds on agricultural products, in the version resulting from Regulation No 568/85, must be interpreted as meaning that a Community exporter can forfeit his right to payment of a non-differentiated export refund if (a) the product in respect of which the export refund was paid, and which is sold to a purchaser established in a non-member country, is, immediately after its release for home use in that non-member country, transported back to the Community under the external Community transit procedure and is there released for home use on payment of import duties, without any infringement being established and (b) that operation constitutes an abuse on the part of that Community exporter. A finding that there is an abuse presupposes an intention on the part of the Community exporter to benefit from an advantage as a result of the application of the Community rules by artificially creating the conditions for obtaining it. Evidence of this must be placed before the national court in accordance with the rules of national law, for instance by establishing that there was collusion between that exporter and the importer of the goods into the non-member country. The fact that, before being re-imported into the Community, the product was sold by the purchaser established in the non-member country concerned to an undertaking also established in that country with which he has personal and commercial links is one of the facts which can be taken into account by the national court when ascertaining whether the conditions giving rise to an obligation to repay refunds are fulfilled.
The exporter was refused a rebate of duty to which he was entitled on the face of the relevant Commission Regulation upon the export of his goods, because he had abused the law by claiming it in respect of goods which had been exported to a third country only to be at once re-imported into the country of origin. The court held at para 59 that:
‘a finding that there has been an abuse presupposes an intention on the part of the Community exporter to benefit from an advantage as a result of the application of the Community rules by artificially creating the conditions for obtaining it.’
The essential reason why the trading scheme failed was that the choice of a circular supply route did not involve a choice between different methods of achieving the trader’s commercial purpose. It had no commercial purpose other than the avoidance of tax.

Judges:

G.C. Rodriguez Iglesias, P

Citations:

C-110/99, [2000] ECR I-11569, [2000] EUECJ C-110/99

Links:

Bailii

Cited by:

Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.

European, VAT, Agriculture

Updated: 04 June 2022; Ref: scu.162629

Liskojarvi and Another v Oy Liikenne Ab: ECJ 25 Jan 2001

There is an inherent conflict between the need to promote freedom of competition, and the need to restrict competition to promote continuity of employment. The transfer of undertakings regulations must apply to the re-allocation of public service contracts. The absence of any direct contractual connection between the transferor and transferee of a contract was important but not decisive as to whether the regulations should apply.

Citations:

Times 27-Feb-2001, [2001] IRLR 171, Case C-172/99, [2001] EUECJ C-172/99, C-172/99

Links:

Bailii

Statutes:

Council Directive 77/187/EEC of February 1977 on the approximation of laws relating to the safeguarding of employees’ rights on transfers of undertakings

Cited by:

Considered – ADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations.
Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a . .
Cited – Ronald McLeod, James Welsh v Charles Bingram T/Aphoenix Taxis Rainbow Cars Ltd T/A Rainbow Taxis EAT 22-Apr-2002
EAT Transfer of Undertakings – Transfer
A company purported to dissolve, but the business was then effectively resurrected by the second respondent. The claimants asserted that there had been a transfer . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 04 June 2022; Ref: scu.162653

Association Greenpeace France and Others v Ministere de l’Agriculture et de la Peche and Others: ECJ 21 Mar 2000

ECJ 1. Directive 90/220 on the deliberate release into the environment of genetically modified organisms, as amended by Directive 97/35, is to be interpreted as meaning that, if, after an application for placing a GMO on the market has been forwarded to the Commission, no Member State has raised an objection, in accordance with Article 13(2) of that directive, or if the Commission has taken a favourable decision under paragraph (4) of that provision, the competent authority which forwarded the application, with a favourable opinion, to the Commission must issue the consent in writing, allowing the product to be placed on the market. However, if in the meantime the Member State concerned has new information which leads it to consider that the product for which notification has been received may constitute a risk to human health and the environment, it will not be obliged to give its consent, provided that it immediately informs the Commission and the other Member States about the new information in order that, within the period laid down in Article 16(2) of Directive 90/220, a decision may be taken in the matter in accordance with the procedure provided for in Article 21 of that directive.
2. Where the national court finds that, owing to irregularities in the conduct of the examination of the notification by the competent national authority provided for in Article 12(1) of Directive 90/220 on the deliberate release into the environment of genetically modified organisms, as amended by Directive 97/35, it was not proper for that authority to forward the dossier with a favourable opinion to the Commission as provided for in paragraph (2) of that provision, that court must refer the matter to the Court of Justice for a preliminary ruling if it considers that those irregularities are such as to affect the validity of the Commission’s favourable decision, if necessary ordering the suspension of application of the measures for implementing that decision until the Court of Justice has ruled on the question of validity.

Citations:

C-6/99, [2000] EUECJ C-6/99

Links:

Bailii

European, Agriculture

Updated: 04 June 2022; Ref: scu.162582

Schnorbus v Land Hessen: ECJ 7 Dec 2000

ECJ Equal treatment for men and women – Rules on access to practical legal training in Land Hesse – Priority for applicants who have completed military or civilian service
Jacobs AG said: ‘The discrimination is direct where the difference in treatment is based on a criterion which is either explicitly that of sex or necessarily linked to a characteristic indissociable from sex. It is indirect where some other criterion is applied but a substantially higher proportion of one sex than of the other is in fact affected.’
Advocate General Jacobs said:
‘The discrimination is direct where the difference in treatment is based on a criterion which is either explicitly that of sex of necessarily linked to a characteristic indissociable from sex. It is indirect where some other criterion is applied but a substantially higher proportion of one sex than of the other is in fact affected.’

Judges:

Jacobs AG

Citations:

[2000] ECR I-10997, C-79/99, [2001] 1 CMLR 40, [2000] EUECJ C-79/99

Links:

Bailii

Jurisdiction:

European

Cited by:

Applied – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 25-Jun-2009
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 04 June 2022; Ref: scu.162619

Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination – Recipients of an invalidity pension no longer residing in the competent Member State – Amendment of the legislation on study finance

Citations:

[2001] ECR I-2415, [2003] 1 CMLR 45, ECLI:EU:C:2001:176, [2001] EUECJ C-33/99, C-33/99

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

European, Benefits

Updated: 04 June 2022; Ref: scu.162596

Kofisa Italia v Ministero delle Finanze: ECJ 11 Jan 2001

Reference for a preliminary ruling – Jurisdiction of the Court – National legislation adopting Community provisions – Community Customs Code – Appeal – Mandatory nature of the two stages of the appeal – Suspension of implementation of a decision of the customs authorities

Judges:

A. La Pergola, P

Citations:

[2003] 1 CMLR 29, [2001] ECR I-207, [2001] EUECJ C-1/99, C-1/99

Links:

Bailii

European

Updated: 04 June 2022; Ref: scu.162579

Regina v Secretary of State for Social Security Ex Parte Taylor: ECJ 16 Dec 1999

The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and that this was discrimination arising from his sex.
Held: The Directive provided for services including those relating to the age of the applicant, this benefit was one such, and the rules were discriminatory and unlawful.
Europa Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Grant of a winter fuel payment – Link with pensionable age. Case C-382/98.
1 Social policy – Equal treatment for men and women in matters of social security – Matters covered by Directive 79/7 – Winter fuel payment payable to those who have reached a minimum age rather than on the basis of a lack of financial means – Included (Council Directive 79/7, Art. 3(1)) 2 Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – Derogation allowed in respect of possible consequences for other benefits of different pensionable ages – Scope -Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable ages – Discrimination with regard to grant of a winter fuel payment – Excluded (Council Directive 79/7, Art. 7(2)(a))
Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the Directive, must be interpreted as meaning that a winter fuel payment, which is part of a statutory scheme, is covered by that directive in so far as payment of the benefit is always subject to the recipients having reached statutory retirement age and it is therefore aimed at protecting them against the risk of old age mentioned in that article. The benefit may be granted to elderly persons, even if they do not have financial difficulties, so that protection against a lack of financial means cannot be considered to be the aim of the benefit. 2 The derogation from the principle of equal treatment for men and women laid down in Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is not applicable to a benefit such as the winter fuel payment, which is subject to the condition that the recipient has reached statutory retirement age, that is to say the age of 60 for women and 65 for men. Such discrimination is not objectively and necessarily linked to the difference in retirement age for men and women. First, from the point of view of the financial equilibrium of the social security system, it is not necessary either for the financial equilibrium of contributory pension schemes, in view of the fact that the benefits are granted under a non-contributory scheme, or for the financial equilibrium of the social security system as a whole. Secondly, from the point of view of consistency between the retirement pension scheme and the other benefit scheme, it is not required, since if the benefit is designed to provide protection against the risk of old age and must, therefore, be paid only to those above a certain age, it does not follow that that age must necessarily coincide with the statutory age of retirement and, as a result, be different for men and women.

Citations:

Times 25-Jan-2000, C-382/98, [1999] EUECJ C-382/98, [1999] ECR I-8955

Links:

Bailii

Statutes:

Social Fund Winter Fuel Payment Amendment Regulations 1998 No 1910

Citing:

Cited – Amministrazione Delle Finanze Dello Stato v Spa San Giorgio ECJ 9-Nov-1983
ECJ Questions submitted for a preliminary ruling – reference to the court – right of every national court – stage of the proceedings before the national court – nature of the decision to be given by the national . .

Cited by:

Cited – Mcdermott and Cotter v Minister For Social Welfare and Attorney-General ECJ 24-Mar-1987
Europa Where council directive 79/7 has not been implemented, article 4(1) of the directive, which prohibits all discrimination on grounds of sex in matters of social security, could be relied on as from 23 . .
Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European, Benefits

Updated: 04 June 2022; Ref: scu.162518

Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA: ECJ 14 Sep 2000

ECJ Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family of the insured person or driver.

Citations:

C-348/98, [2000] EUECJ C-348/98, [2000] ECR 1-6711

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Knight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
Cited – Churchill Insurance Company Ltd v Wilkinson and Others CA 19-May-2010
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their . .
Lists of cited by and citing cases may be incomplete.

European, Insurance, Road Traffic

Updated: 04 June 2022; Ref: scu.162492

Parliament v Bieber: ECJ 16 Mar 2000

ECJ Appeal – Officials – Leave on personal grounds – Reinstatement – Non-contractual liability of the Community – Determination of the period to be taken into account for calculating the damage suffered

Judges:

R. Schintgen P

Citations:

C-284/98, [2000] EUECJ C-284/98P

Links:

Bailii

European

Updated: 04 June 2022; Ref: scu.162457

Mahlburg v Land Mecklenberurg-Vorpommern Cas: ECJ 3 Feb 2000

A refusal to appoint a pregnant woman to a post for an indefinite period because of that pregnancy was in breach of the Directive even though national statutory rules precluded employment of the woman during the period of the pregnancy.

Citations:

Times 17-Feb-2000, C-207/98, [2000] EUECJ C-207/98

Links:

Bailii

Statutes:

Equal Treatment Directive (76/207/EEC)

Discrimination, Employment, European

Updated: 04 June 2022; Ref: scu.162409

Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri: ECJ 18 Nov 1999

ECJ Public supply contracts – Directive 93/36/EEC – Award of public supply contracts by a body other than a contracting authority

Judges:

L Sevon, P

Citations:

C-275/98, [1999] EUECJ C-275/98, [1999] ECR I-8291

Links:

Bailii

Statutes:

Directive 93/36/EEC

Cited by:

Cited – SIAC Construction v County Council of the County of Mayo ECJ 18-Oct-2001
ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.
There was a disagreement between the parties as to the interpretation of tender documents.
Held: The . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 June 2022; Ref: scu.162449

Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000

Mrs Jorgensen, a specialist rheumatologist, complained about a rule which meant that, if she sold her practice, it would, because of its turnover, be treated as a part-time practice and subject to a cap on the fees it could receive from the Danish national health authorities. She argued that this was indirectly discriminatory on grounds of sex, because her lower turnover was the result of her domestic responsibilities, which affected many more women than men. She argued that budgetary considerations could not justify sex discrimination.
Held: Budgetary considerations could not in themselves justify discrimination on the grounds of sex. The aim of the scheme which imposed the cap was to limit the exercise of part-time specialist practice, it being considered that many doctors who worked principally in a hospital and part time in their own practices neglected the former for the sake of the latter.
Measures intended to ensure sound management of public expenditure on specialised medical care and to guarantee people’s access to such care might be justified if they met a legitimate objective of social policy, were appropriate to obtain that objective and were necessary to that end: ‘As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR 1-2205, paragraph 22, and C-226/91 Molenbroek [1992] ECR 1-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek cited above, paragraphs 13 and 19).’

Citations:

C-226/98, [2000] ECR 1-2447, [2000] IRLR 726, [2000] EUECJ C-226/98

Links:

Bailii

Cited by:

Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 04 June 2022; Ref: scu.162425

Azienda Agricola Monte Arcosu: ECJ 11 Jan 2001

ECJ Agriculture – Common agricultural policy – Structural reform Improving the efficiency of structures – Recognising the status of farmers practising farming as their main occupation Regulations Nos 797/85 and 2328/91 – Reliance before a national court by limited companies in the absence of implementing measures in the national legal system Not permissible (Council Regulations No 797/85, Art. 2(5), and No 2328/91, Art. 5(5)) – The last subparagraph of Article 2(5) of Regulation No 797/85 on improving the efficiency of agricultural structures and the last subparagraph of Article 5(5) of Regulation No 2328/91 on improving the efficiency of agricultural structures may not be relied on before a national court by limited companies seeking to obtain the status of farmers practising farming as their main occupation where the legislature of a Member State has not adopted the provisions necessary for their implementation in the national legal system.

Citations:

C-403/98, [2001] ECR 1-103, [2001] EUECJ C-403/98

Links:

Bailii

European, Agriculture

Updated: 04 June 2022; Ref: scu.162531

Spain v Council: ECJ 30 Jan 2001

ECJ Legal basis – Environment – Council decision approving the Convention on cooperation for the protection and sustainable use of the river Danube – Article 130s(1) and (2) of the EC Treaty (now, after amendment, Article 175(1) and (2) EC) – Concept of ‘management of water resources.

Citations:

[2001] EUECJ C-36/98, C-36/98, [2001] ECR I-779

Links:

Bailii

Cited by:

Cited – Commission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 04 June 2022; Ref: scu.162325

Commission v Greece: ECJ 28 Oct 1999

(Judgment) Failure to fulfill obligations – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 to 143 EC) – Directives 75/117 / EEC and 79/7 / EEC – Equal pay for men and women – family and marriage allowances – old-age pensions – Calculation – Failure to abolish discriminatory conditions retroactively

Citations:

C-187/98, [1999] EUECJ C-187/98

Links:

Bailii

European

Updated: 04 June 2022; Ref: scu.162396

Commission v Autriche C-205/98: ECJ 26 Sep 2000

(Judgment) Failure of a Member State to fulfil obligations – Directive 93/89/EEC – Tolls – Brenner motorway – Prohibition of discrimination – Obligation to set toll rates by reference to the costs of the infrastructure network concerned

Citations:

C-205/98, [2000] EUECJ C-205/98

Links:

Bailii

Statutes:

Directive 93/89/EEC

European, Transport

Updated: 04 June 2022; Ref: scu.162407

Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion by consent to products being put on the market outside the EEA were in breach of the EC Treaty.
The combined effect of articles 5 and 7.1 of the directive is to confer on the trade mark proprietor the exclusive right to control the first marketing in the EEA of goods bearing his trade mark, even if they are genuine goods which have previously been put on the market by him or with his consent outside the EEA.

Judges:

JP Puissochet, P

Citations:

Times 07-Jul-1999, [2000] Ch 558, (1999) ECR I-1403, [1999] EUECJ C-173/98, C-173/98

Links:

Bailii

Statutes:

EC Treaty Art 234 (formerly 177), Council Directive 89/104/EEC 7(1)

Citing:

Cited – Silhouette International Schmied GmbH and Co KG v Hartlauer Handelsgesellschaft mbH ECJ 16-Jul-1998
National Trade Mark rules providing for exhaustion of rights in Trade Marks for goods sold outside area of registration were contrary to the EU first directive on trade marks. A company could prevent sale of ‘grey goods’ within the internal market. . .

Cited by:

Cited – Zino Davidoff SA v A and G Imports Ltd etc ECJ 20-Nov-2001
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system.
Held: Silence alone was insufficient to constitute . .
Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 04 June 2022; Ref: scu.162387

Pharmacia and Upjohn SA, formerly Upjohn SA v Paranova A/S: ECJ 12 Oct 1999

ECJ Trade-mark rights – Pharmaceutical products – Parallel imports – Replacement of a trade mark.

Judges:

Rodriguez Iglesias, P

Citations:

C-379/97, [1999] EUECJ C-379/97, [1999] ETMR 937, [2000] 3 WLR 303, (2001) 62 BMLR 150, (2000) 18 Tr LR 457, [1999] CEC 630, [2000] Ch 571, [2000] 1 CMLR 51, [2000] FSR 621, [1999] All ER (EC) 880, [1999] ECR I-6927

Links:

Bailii

Cited by:

Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Cited – Oracle America Inc v M-Tech Data Ltd and Another CA 24-Aug-2010
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. . .
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 June 2022; Ref: scu.162264

Bruner v Hauptzollamt Hamburg-Jonas (Rec 1998,p I-8333) (Judgment): ECJ 10 Dec 1998

ECJ Poultry cuts made up of two hind quarters of a fowl still attached to one another by the skin of the back constitute `quarters’ (code 0207 41 11 000) within the meaning of the nomenclature of agricultural products for export refunds established by Regulation No 3846/87.
First, because of their composition, the products in question correspond exactly to the definition of hind quarters in accordance with the general rules for the interpretation of the combined nomenclature, with one difference, namely that, because of the way in which they are cut, the two quarters are not wholly separated; secondly, that fact does not affect the product’s essential characteristic – within the meaning of general rule 2(a) for the interpretation of the combined nomenclature – of being constituted of two hind quarters of chicken.

Citations:

C-290/97, [1998] EUECJ C-290/97

Links:

Bailii

European, Agriculture

Updated: 04 June 2022; Ref: scu.162203

Regina v Intervention Board for Agricultural Produce, ex parte First City Trading and others: ECJ 29 Sep 1998

ECJ Reference for a preliminary ruling: High Court of Justice, Queen’s Bench Division – United Kingdom. Agriculture – Common organisation of the markets – Beef – Export refunds -Beef of British origin repatriated to the United Kingdom as a result of the announcements and decisions made in relation to ‘mad cow disease’ – Force majeure. Agriculture – Common organisation of the markets – Export refunds – Refunds paid in advance – Goods exported and repatriated, on account of force majeure, to the Member State of export – Repayment of refunds paid in advance – Obligation incumbent on the exporter – Beef from the United Kingdom hit by the export ban imposed by Decision 96/239 – Regulation No 3665/87 not permitting exporters to retain refunds paid in advance – Breach of the principles of force majeure, protection of legitimate expectations, proportionality or equity – None – Validity of Regulation No 773/96 (Council Regulation No 565/80; Commission Regulation No 3665/87, Arts 5(1), 23 and 33, and Commission Regulation No 773/96; Commission Decision 96/239).
Articles 23 and 33 of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, in the version thereof resulting from Regulation No 1615/90, must be interpreted as meaning that where, as a result of, in particular, force majeure, goods do not reach their country of destination but are repatriated to the Member State of export, the exporter is obliged to repay any export refunds paid in advance. In such a situation, the formalities for release of the product for consumption in the country of destination have not been completed, so that it cannot be regarded, for the purposes of payment of the differentiated refund, as having been imported within the meaning of Article 5(1) of Regulation No 3665/87. By prohibiting, in particular, exporters of beef from the United Kingdom from retaining all or part of any export refunds paid in advance in circumstances where (1 exports of beef from the United Kingdom to third countries have been prohibited by Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy, (2 bans on the importation of beef from the United Kingdom have also been imposed by a number of third countries, (3 exporters of beef were in the process of carrying goods to third countries on the date on which Decision 96/239 was adopted, (4 those exporters were forced to repatriate the beef to the United Kingdom, (5 the exporters had received, in accordance with Regulation No 565/80 on the advance payment of export refunds in respect of agricultural products and Regulation No 3665/87, advance payments of export refunds in respect of the export transactions in issue, and (6 the exporters suffered loss as a result of their inability to sell their beef on the export markets in question, Regulation No 3665/87 does not contravene the general principles of Community law, in particular the principles of force majeure, the protection of legitimate expectations, proportionality or equity. Furthermore, and since none of those principles require exporters, in the circumstances described, to be authorised to retain all or part of any refunds, the fact that Regulation No 773/96 laying down special measures derogating from Regulations No 3665/87, No 3719/88 and No 1964/82 in the beef and veal sector does not provide for such retention does not render it invalid

Citations:

C-263/97, [1997] Eu LR 195, [1998] EUECJ C-263/97

Links:

Bailii

Citing:

Reference from – Regina v Ministry of Agriculture Fisheries and Food ex parte First City Trading Limited and Others Admn 26-Mar-1997
. .
See Also – Regina v Ministry of Agriculture Fisheries and Food and Another Ex Parte First City trading Etc QBD 20-Dec-1996
EU law principles do not apply in domestic law unless implementing EU law. Laws J said that: ‘Wednesbury and European review are two different models – one looser, one tighter -of the same juridical concept, which is the imposition of compulsory . .

Cited by:

Cited – Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement.
Held: In an action for breach . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 04 June 2022; Ref: scu.162183

Glaxo Group Limited and Others v Dowelhurst Limited and Another: ChD 28 Feb 2000

Parallel importers could not be prevented from so acting by Trade Mark law unless it could be shown that the activity caused substantial damage to the specific substance of the Mark. If damage was shown, the owner could complain unless it would operate to breach European law. A mark owner could object to the re-application of his mark by such importers only if he had not received notice of such activity. This was irrespective of proof of damage, but knowledge of the importer’s activities constituted notice. ‘A trade mark is a badge, in the widest sense, used on or in relation to goods so as to indicate source.’

Judges:

Laddie J

Citations:

Times 14-Mar-2000, [2000] EWHC Ch 134, [2000] FSR 529

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action HL 4-Apr-2001
A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 04 June 2022; Ref: scu.135964

Commission v Italy C-295/00: ECJ 19 Feb 2002

Failure by a Member State to fulfil its obligations – Infringement of Article 1 of Regulation (EEC) No 4055/86 – Disembarkation/embarkation tax payable by passengers – Tax not applicable to passengers travelling between ports on Italian territory

Citations:

[2002] EUECJ C-295/00

Links:

Bailii

Jurisdiction:

European

Taxes – Other

Updated: 04 June 2022; Ref: scu.167698