Category: European

Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999

Citations:

[1999] EWCA Civ 1660, [1999] EuLR 939

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Airport Co-Ordination Limited ex parte Aravco Limited; Dravidian Air Services Limited; Falcon Jet Centre Limited; Gama Aviation Limited; Heathrow Jet Charter Limited; Metro Business Aviation Limited and Siebe Plc Admn 14-Jul-1998
. .
Appeal from – Regina v Airport Co-Ordination Limited ex parte Aravco Limited; Dravidian Air Services Limited; Falcon Jet Centre Limited; Gama Aviation Limited; Heathrow Jet Charter Limited; Metro Business Aviation Limited and Siebe Plc Admn 14-Jul-1998
. .

Cited by:

Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Transport, European

Updated: 21 January 2023; Ref: scu.146575

Regina v Secretary of State for the Environment Ex Parte Friends of the Earth and Another: CA 7 Jun 1995

The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives.

Citations:

Times 08-Jun-1995, Independent 07-Jun-1995

Statutes:

Water Industry Act 1991 68(1)(a)

Jurisdiction:

England and Wales

Environment, Utilities, European

Updated: 21 January 2023; Ref: scu.87792

AMB Imballaggi Plastici Srl v Pacflex Ltd: CA 18 Jun 1999

A party who chose to contract as principal for the purpose of reselling the goods of the vendor on a speculative basis and for a profit, was not to be deemed to be a commercial agent of the first vendor, and so was not entitled to compensation on the breakdown of the relationship.

Judges:

Peter Gibson, Judge, Waller LJJ

Citations:

Gazette 07-Jul-1999, Times 08-Jul-1999, [1999] EWCA Civ 1618, [1999] CLC 1391, [1999] 2 All ER (Comm) 249, [1999] Eu LR 930, (1999) 18 Tr LR 153, [2000] ECC 381

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 (1993 No 3053) Reg 2

Jurisdiction:

England and Wales

Cited by:

Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 21 January 2023; Ref: scu.77776

1 Fc Koln v EUIPO (Spa Rbar Anders) (Judgment) French Text: ECFI 4 Oct 2017

EU trade mark – Application for EU word mark SPURBAR ANDERS. – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2), of Regulation (EU) 2017/1001]

Citations:

T-126/16, [2017] EUECJ T-126/16, ECLI:EU:T:2017:688

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597505

Hanssen Beleggingen (Judicial Cooperation In Civil and Commercial Matters – Jurisdiction of The Courts : Judgment): ECJ 5 Oct 2017

Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction – Article 2(1) – Jurisdiction of the courts of the place where the defendant is domiciled – Article 22(4) – Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights – Proceedings to determine whether a person was correctly registered as the proprietor of a trade mark

Citations:

C-341/16, [2017] EUECJ C-341/16, ECLI:EU:C:2017:738, [2018] Bus LR 1384, [2017] WLR(D) 632

Links:

Bailii, WLRD

Jurisdiction:

European

Contract, Intellectual Property

Updated: 21 January 2023; Ref: scu.598863

NRJ Group v EUIPO – Sky International (Sky Energy) (EU Trade Mark – Opposition Proceedings : Judgment): ECFI 6 Oct 2017

EU trade mark – Opposition proceedings – Application for the EU word mark SKY ENERGY – Earlier EU word mark NRJ – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)

Citations:

T-184/16, [2017] EUECJ T-184/16, ECLI:EU:T:2017:703

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598887

Federal Express Europe (Judgment) French Text: ECJ 4 Oct 2017

Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Directive 2006/112/EC – Exemption from VAT – Article 86(1)(b) and Article 144 – Relief from duties on the importation of goods of negligible or non-commercial value – Exemption for the supply of services relating to the importation of goods – National regulations subjecting to VAT the cost of transporting documents and goods of negligible value despite their ancillary to non-taxable property

Citations:

C-273/16, [2017] EUECJ C-273/16, ECLI:EU:C:2017:733

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 21 January 2023; Ref: scu.597508

Ben Ali v Council (Common Foreign and Security Policy – Restrictive Measures – Tunisia : Judgment): ECFI 5 Oct 2017

Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Action for annulment – Admissibility – Legal basis – Reinclusion of the applicant’s name on the basis of new grounds – Obligation to state reasons – Factual basis – Right to property – Proportionality

Citations:

T-149/15, [2017] EUECJ T-149/15

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598841

Forest Pharma v EUIPO – Ipsen Pharma (Colineb) (EU Trade Mark – Opposition Proceedings : Judgment): ECFI 5 Oct 2017

EU trade mark – Opposition proceedings – Application for EU word mark COLINEB – Earlier national figurative mark Colina – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Extent of the examination to be carried out by the Board of Appeal – Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001

Citations:

T-36/17, [2017] EUECJ T-36/17, ECLI:EU:T:2017:69

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598857

Gappol Marzena Porczynska v EUIPO – Gap (ITM) ((EU Trade Mark – Opposition Proceedings : Judgment): ECFI 4 Oct 2017

EU trade mark – Opposition proceedings – Application for the EU figurative mark GAPPOL – Earlier EU word mark GAP – Cross-appeal – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Reputation – Unfair advantage taken of the distinctive character or reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Obligation to state reasons – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)

Citations:

T-411/15, [2017] EUECJ T-411/15

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597509

Litspecmet (Public Contracts – Concept of Contracting Authority : Judgment): ECJ 5 Oct 2017

Reference for a preliminary ruling – Public works contracts, public supply contracts and public service contracts – Directive 2004/18/EC – Article 1(9) – Concept of contracting authority – Company wholly owned by a contracting authority – Transactions internal to the group

Citations:

C-567/15, [2017] EUECJ C-567/15, [2017] WLR(D) 633, [2018] PTSR 912, ECLI:EU:C:2017:736

Links:

Bailii, WLRD

Jurisdiction:

European

Contract

Updated: 21 January 2023; Ref: scu.598879

Intesa Sanpaolo v EUIPO – Intesia Group Holding (Intesa) (EU Trade Mark – Revocation Proceedings : Judgment): ECFI 4 Oct 2017

EU trade mark – Revocation proceedings – EU word mark INTESA – Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 – No genuine use of the trade mark

Citations:

T-143/16, [2017] EUECJ T-143/16

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.597510

Falegnameria Universo Dei Flli Priarollo v EUIPO- Zanini Porte (Silente Porte and Porte) (Judgment) French Text: ECFI 6 Oct 2017

European Union trade mark – Revocation procedure – European Union figurative silente PORTE and PORTE mark – Genuine use – Place of use – Nature of use – Use by third parties – Declaration of revocation – Rights of defense – Articles 75 and 76 of Regulation (EC) No 207/2009 – Article 51(1)(a) of Regulation No 207/2009

Citations:

T-386/16, [2017] EUECJ T-386/16, ECLI:EU:T:2017:706

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 21 January 2023; Ref: scu.598855

France v Commission: ECFI 30 Apr 2015

ECJ (Judgment) EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Support measures for rural development – areas with natural handicaps – flat-rate financial correction – Expenditure by France – load test – Checks on site – Procedural safeguards

Judges:

G. Berardis, P

Citations:

T-259/13, [2015] EUECJ T-259/13, ECLI: EU: T: 2015: 250, [2018] EUECJ T-259/13RENV

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 31 December 2022; Ref: scu.546222

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges:

Sedley, Longmore, Maurice Kay LJJ

Citations:

[2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251

Links:

Bailii

Statutes:

European Convention on Human Rights 2 3, Directive 2004/83/EC

Jurisdiction:

England and Wales

Citing:

Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009
Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real . .

Cited by:

Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European

Updated: 20 December 2022; Ref: scu.347161

Commission v Freistaat Sachsen (State Aid): ECJ 11 Dec 2008

Europa Appeal State aid Proposed scheme for aid to small and medium-sized enterprises – Compatibility with the common market – Criteria for assessing State aid – Application ratione temporis – Proposed scheme notified before the entry into force of Regulation (EC) No 70/2001 – Decision subsequent to entry into force thereof Legitimate expectations – Legal certainty – Complete notification.

Citations:

C-334/07, [2008] EUECJ C-334/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.278684

RHH Renneberg v Staatssecretaris van Financien (Free Movement Of Persons): ECJ 16 Oct 2008

Europa Freedom of movement for workers Article 39 EC Tax legislation Income tax Determination of the basis of assessment National of a Member State receiving all or almost all of his income in that State Residence in a different Member State.

Citations:

C-527/06, [2008] EUECJ C-527/06

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.277098

Johns v Solent SD Ltd: CA 12 Jun 2008

The court considered whether it was proper to issue a stay of proceedings to await a judgement in the EJ on a related issue.

Citations:

[2008] EWCA Civ 790, [2008] IRLR 820

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Johns v Solent SD Ltd EAT 30-Oct-2007
EAT Practice and Procedure: Postponement or stay
Age Discrimination
Stay of proceedings where age discrimination is alleged. There is no basis for a valid claim in current UK law, but a case (Heyday) . .

Cited by:

Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 20 December 2022; Ref: scu.270809

Teixeira v London Borough of Lambeth: CA 10 Oct 2008

The court considered the right of residence in this country of an EEA national who is not a worker but who has a child who is in education here is in issue.

Judges:

Mummery LJ, Jacob LJ, Stanley Burnton LJ

Citations:

[2008] EWCA Civ 1088, [2009] HLR 9, [2009] Eu LR 253

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, European, Housing

Updated: 20 December 2022; Ref: scu.276805

Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 2 May 2008

The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission was granted for the review to be heard.

Judges:

Owen J

Citations:

[2008] EWHC 936 (Admin)

Links:

Bailii

Statutes:

Political Parties, Elections and Referendums Act 2000 101

Jurisdiction:

England and Wales

Citing:

Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – McWhirter and Gouriet, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 5-Mar-2003
Application for leave to appeal against refusal of judicial review of decision to allow ratification of the Treaty of Nice.
Held: Refused. The application concerned matters which were not justiciable. Laws LJ accepted the submission of the . .
Cited – Regina on the Application of Southall and Another v Secretary of State for Foreign and Commonwealth Affairs CA 14-Jul-2003
The claimant sought a declaration that the Treaty of Nice should not be ratified unless and until the consent of the people had been sought in a referendum. Silber J had refused permission to apply for judicial review.
Held: The appeal was . .
Cited – Regina v Her Majesty’s Treasury, Ex parte Smedley CA 19-Dec-1984
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd 1989
The taxpayer complained of a change in Inland Revenue practice which, it said, went against a legitimate expectation created by the scheme.
Held: Judge J said: ‘There is a detailed procedure for resolving disputes between the Inland Revenue . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .

Cited by:

See Also – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, European, Constitutional

Updated: 20 December 2022; Ref: scu.267416

Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves.

Judges:

Lord Justice Keene Lord Justice May Lord Justice Wall

Citations:

Times 07-Jun-2006, [2006] EWCA Civ 484

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Home Department Ex Parte Vitale CA 26-Jan-1996
The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom.
Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken . .
Cited – Ulrich Hofmann v Barmer Ersatzkasse ECJ 12-Jul-1984
Europa Directive 76/207 is not designed to settle questions concerning the organization of the family, or to alter the division of responsability between parents.
By reserving to member states the right to . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Webb v EMO Air Cargo ECJ 14-Jul-1994
Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would . .
Cited – Baumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – De Hoop ECJ 1998
(year?) The pursuit of education is an activity within the scope of the Treaty, with the result that Article 18 rights of residence apply when a citizen of the European Union is seeking to engage in it. . .
Cited – Mauthoor v THF Delap and Associates Limited CA 2-Oct-1995
The parties agreed for the transfer of shares. The payment cheque was not honoured. The appellant first claimed an absence of consideration, then sought to amend her defence to say that she had acted under economic duress. Threats had been made as . .
Cited – Regina v Immigration Appeal Tribunal, ex parte Antonissen ECJ 26-Feb-1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the . .
Cited – Belgian State v Rene Humbel And Marie-Therese Edel (Social Policy) ECJ 27-Sep-1988
So far as a right of residence in order to receive services, so far as a student is concerned the relevant services are limited to those provided for remuneration.
Europa A year of study which is part of a . .
Cited – DM Levin v Staatssecretaris Van Justitie ECJ 23-Mar-1982
ECJ The concepts of ‘worker’ and ‘activity as an employed person’ define the field of application of one of the fundamental freedoms guaranteed by the Treaty and, as such, may not be interpreted restrictively.
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 20 December 2022; Ref: scu.241440

Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

In applying article 177 of the Treaty the court is not competent to decide questions of compatibility of a provision of national law with community law. It can, however, infer from the wording of the questions formulated by the national court, in the light of the facts as found by the latter, the matters involving interpretation of the treaty. An undertaking which enjoys certain privileges for the accomplishment of tasks entrusted to it by law, maintaining for this purpose close links with the public authorities, and which is responsible for ensuring the navigability of the state’ s most important waterway, may fall under article 90(2) of the EEC treaty. The application of article 90(2) involves an appraisal of the requirements, on the one hand, of the particular task entrusted to the undertaking concerned and, on the other hand, the protection of the interests of the community. This appraisal depends on the objectives of general economic policy pursued by the states under the supervision of the commission. Consequently, and without prejudice to the exercise by the commission of the powers conferred by article 90(3), article 90(2) cannot create individual rights which the national courts must protect.

Citations:

C-10/71

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.131967

Kaufring v Commission T-293/97 (Customs Union): ECJ 10 May 2001

E J Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence

Citations:

T-293/97, [2001] EUECJ T-293/97

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 December 2022; Ref: scu.213980

Patrick Delbar v Caisse D’Allocations Familiales De Roubaix-Tourcoing: ECJ 5 Dec 1989

ECJ Since it relates only to employed persons, Article 51 of the Treaty does not require a Member State on whose territory a self-employed person works to pay family allowances within the meaning of Article 1(u)(ii ) of Regulation No 1408/71 if the members of the person’ s family reside in another Member State.
However, with effect from 15 January 1986, in accordance with Article 73 of Regulation No 1408/71 as amended by Regulation No 3427/89, a self-employed person subject to the legislation of a Member State is entitled, in respect of members of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State, as if they were residing in that State .

Citations:

R-114/88, [1989] EUECJ R-114/88

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 December 2022; Ref: scu.215742

Hauptzollamt Hannover v Telefunken Fernseh Und Rundfunk Gmbh: ECJ 7 Oct 1985

ECJ 1. The fact that goods are intended, or are even specifically designed, to be used together and that they are presented for customs clearance together in the same package is not a sufficient reason for classifying them as a functional unit within the meaning of the customs cooperation council’s explanatory notes, if they can be used separately.
The functional unit principle is intended to allow classification under a given heading of machines and appliances made up of components falling under several tariff headings, in cases where those components as a whole are intended to perform the single clearly-defined function referred to in the tariff heading in question. The principle does not apply where some of the components making up a product may be used independently of the other components and for functions other than those which may be performed by all the components together.
2. The expression ‘goods put up in sets’ in general rule A3(b) implies that the goods are closely linked from the marketing point of view, with the result that they are not only presented together for customs clearance but are also normally supplied together, at the various marketing stages and in particular the retail stage, in a single package in order to satisfy a demand or to perform a specific function. General rule A3(b) applies only where goods are prima facie classifiable under two or more headings and classification is not possible under general rule A3(a), that is to say where there is no specific heading taking precedence over more general headings.
3. A combined tuner, record-player and cassette recorder imported together with two loudspeakers intended for use with it constitutes a set of goods falling under heading no 85.15 of the common customs tariff, where the goods concerned are put up in a single package and are intended to be marketed together in order to satisfy a specific demand.

Citations:

R-163/84, [1985] EUECJ R-163/84

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 December 2022; Ref: scu.215375

Deutsche Getreide Und Futtermittel-Handelsgesellschaft Mbh v Hauptzollamt Hamburg-Altona: ECJ 15 Dec 1970

ECJ 1. Levies are derived from the treaty and not from national law and are simultaneously applicable in all the member states; they act as regulators of the market within the framework of a common organization and are calculated on the basis of weighted values and having regard to standard qualities; they are therefore standard charges which do not take account of the individual characteristics of the products imported. Products of lower quality than the standard quality are therefore subject to the general levy in the same way as products of higher quality.
2. Products which have suffered damage before being imported and which have therefore lost some value may in spite of this loss in value affect the agricultural market in the same way as other products which were of a lower quality than the standard quality from the start and which are however subject to the general levy. The reasons why the condition of impaired goods is below the standard quality do not affect the grounds which justify the application of the general levy to them.

Citations:

R-31/70, [1970] EUECJ R-31/70

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 12 December 2022; Ref: scu.214113

Regina v A National Insurance Commissioner, Ex Parte Warry: ECJ 9 Nov 1977

ECJ Social security for migrant workers – invalidity insurance – benefits – right – acquisition – receipt of sickness benefit as a condition imposed by the legislation of a member state – insurance periods completed – aggregation – claim for benefit – submission – rules (Regulation No 1408/71 of the council, article 45)
Article 45 of regulation no 1408/71 must be understood to mean that where the legislation of a member state makes the acquisition of a right to invalidity benefit conditional upon the person concerned having been entitled to sickness benefit under that legislation for a given period in the immediately proceding period – that condition being subject to so far as material (a) the completion of insurance periods (b) the making of a claim therefor in a prescribed manner and within a prescribed time –
(i) the competent institution of the said member state shall take into account insurance periods completed under the legislation of any member state as though they had been completed under the legislation which it administers;
(ii) the condition that a claim must be made in a prescribed manner and within a prescribed time shall be regarded as satisfied in so far as such a claim has been duly made in accordance with the legislation of the state of residence.

Citations:

R-41/77, [1977] EUECJ R-41/77

Links:

Bailii

Statutes:

Regulation No 1408/71 45

Jurisdiction:

European

Benefits

Updated: 12 December 2022; Ref: scu.214586

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – Civil service pension scheme – Calculation of the old-age pension for part-time civil servants – Discriminatory treatment as compared with full-time workers – Indirect discrimination based on sex – Conditions governing justification for objective reasons unrelated to any discrimination on grounds of sex – Protocol concerning Article 119 of the EC Treaty (now Protocol concerning Article 141 EC) – Temporal effects.

Judges:

La Pergola Rap

Citations:

[2003] EUECJ C-4/02, C-5/02, [2003] EUECJ C-5/02, [2004] IRLR 983, [2004] Pens LR 43, [2006] 1 CMLR 51, C-4/02

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Applied – Cross, Gibson, Malone, Leckenby, Young v British Airways EAT 23-Mar-2005
EAT Transfer of Undertakings / Sex Discrimination
Claims by BA employees, retired at 55, for unfair dismissal and sex discrimination dismissed by ET and Applicants’ appeals dismissed. Contractual retirement . .
Cited – Seldon v Clarkson Wright and Jakes (A Partnership) CA 28-Jul-2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to . .
Cited – Seldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 12 December 2022; Ref: scu.213875

Georg Brunner Kg v Hauptzollamt Hof: ECJ 4 Oct 1972

ECJ Article 1 of Regulation no 565/68 must be interpreted as meaning that goods must be considered as ‘coming from’ Poland when they remain until the moment when they are delivered in the community at the disposal and under the direct control of the seller who is bound vis-a-vis the Polish People’s Republic to comply with the undertakings entered into with regard to prices and when in the course of transportation they have not been given customs clearance, put into free circulation or processed in any way.

Citations:

C-9/72, R-9/72, [1972] EUECJ R-9/72

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 December 2022; Ref: scu.214172

Criminal Proceedings Against G Vessoso And G Zanetti: ECJ 28 Mar 1990

ECJ The concept of waste, within the meaning of Article 1 of Directive 75/442 and Article 1 of Directive 78/319, is not to be understood as excluding substances and objects which are capable of economic reutilization . The concept does not presume that the holder disposing of a substance or an object intends to exclude all economic reutilization of the substance or object by others.

Judges:

Sir Gordon Slynn, P

Citations:

C-206/88, [1990] ECR I -1461, R-206/88, [1990] EUECJ R-206/88

Links:

Bailii

Jurisdiction:

European

Cited by:

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

Environment

Updated: 12 December 2022; Ref: scu.215764

Kaufring v Commission T-191/97 (Customs Union): ECJ 10 May 2001

ECJ Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence

Citations:

T-191/97, [2001] EUECJ T-191/97

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 December 2022; Ref: scu.213971

Societe IRCA (Industria Romana Carni E Affini Spa) v Amministrazione Delle Finanze Dello Stato.: ECJ 7 Jul 1976

1. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – basic principles – purpose
2. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – effects – position of importers and exporters in the member states – differences – complete compensation – non-existence
3. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – calculation – factors – fixing – date subsequent to the period of applicability of the compensatory amounts – retroactive effect – absence
4. Agriculture – agricultural products – trade – member states – third countries – monetary compensatory amounts – regulations of the commission of 1 March 1973 and 23 March 1973 – validity

Citations:

R-7/76, [1976] EUECJ R-7/76

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 12 December 2022; Ref: scu.214495

A2A SpA v Agenzia delle Entrate: ECJ 26 Mar 2015

(Advocate Generals Opinion) Reference for a preliminary ruling – State aid – Decision to recover unlawful aid – Method of calculating the interest applicable to that recovery – Regulation (EC) No 794/2004 – Article 11 – Compound interest – Article 13 – Date of entry into force – National legislation referring to the provisions of Regulation (EC) No 794/2004 and providing for the application of compound interest – Provisions which are non-applicable ratione temporis to the recovery decision – General principles of EU law

Citations:

C-89/14, [2015] EUECJ C-89/14 – O, ECLI:EU:C:2015:211

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – A2A SpA v Agenzia delle Entrate ECJ 3-Sep-2015
Reference for a preliminary ruling – State aid – Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market – Simple or compound interest – National legislation referring, for the . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 December 2022; Ref: scu.551979

The United States of America v Nolan: CA 4 Feb 2014

The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to the ECJ, the court now considered a new issue.

Judges:

Moore-Bick, Rimer, Underhill LJJ

Citations:

[2014] EWCA Civ 71, [2014] WLR(D) 46, [2014] ICR 685, [2014] IRLR 302

Links:

Bailii, WLRD

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 189 273, Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995

Jurisdiction:

England and Wales

Citing:

At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
Application for leave (1) – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
Cited – Commission v United Kingdom (Judgment) ECJ 8-Jun-1994
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
At SC – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.

Cited by:

Appeal from – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 09 December 2022; Ref: scu.521053

ZZ v Secretary of State for The Home Department: CA 24 Jan 2014

The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision.
Held: The essence of the grounds for excluding a European Union national from the United Kingdom must be disclosed by virtue of article 47 of the Charter of Fundamental Rights of the European Union

Judges:

Lord Dyson MR, Richards, Christopher Clarke LJJ

Citations:

[2014] EWCA Civ 7, [2014] 3 All ER 587, [2014] WLR(D) 26, [2014] 2 WLR 791, [2014] 2 CMLR 49, [2014] QB 820, [2014] INLR 858

Links:

Bailii, WLRD

Statutes:

Immigration (European Economic Area) Regulations 2006 19(1), Charter of Fundamental Rights of the European Union 47

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Human Rights

Updated: 09 December 2022; Ref: scu.520742

Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 21 Jun 2012

ECJ Accession of new Member States – Republic of Bulgaria – Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market – Directive 2004/114/EC – Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service

Citations:

[2012] EUECJ C-15/11, C-15/11

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien ECJ 1-Mar-2012
Opinion – Accession of new Member States – Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Bulgaria – Applicability of Directive 2004/114/EC – Conditions for admission . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 09 December 2022; Ref: scu.460900

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir.

Citations:

[2010] EWHC 1604 (Admin), [2011] 2 WLR 396

Links:

Bailii

Statutes:

Civil Procedure Rules 52.17, Video Recordings Act 1984

Jurisdiction:

England and Wales

Citing:

See Also – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .

Cited by:

See Also – Regina v Budimir and Another CACD 29-Jun-2010
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had . .
Lists of cited by and citing cases may be incomplete.

Crime, European

Updated: 09 December 2022; Ref: scu.418446

HB v Secretary of State for the Home Department: CA 11 Jul 2008

The claimant appealed against the decision to deport him made on the basis of hs propensity to criminality. The court was asked whether a propensity to commit robberies was a sufficiently serious threat to society to allow expulsion. However it first had to asked whether it could consider this point which had not been addressed on application for leave to appeal.
Held: The court could address such a point while re-affirming the principles in Robinson. There was no existing guidance on the point at issue. The 2004 Directive made a distinction between offences of dishonesty and offences of violence. The tribunal had been entitled to conclude that the defendant posed a serious threat of violence.

Judges:

Lord Justice Waller, Lord Justice Buxton and Lady Justice Smith

Citations:

[2008] EWCA Civ 806, Times 25-Jul-2008, [2009] 2 WLR 992, [2009] QB 536

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006 (SI 2006 No 1003), Citizens Directive 2004/38/EEC (OJ June 29, 2004 L229/35)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Immigration Appeals Tribunal ex parte and Similar CA 11-Oct-1996
The Court of Appeal could only deal with an appeal on points of law arising from the Immigration Appeal Tribunal’s decision. Consequently, it could only allow an appeal on points of law in respect of which the tribunal had jurisdiction, either . .
Cited – Van Duyn v Home Office ECJ 4-Dec-1974
LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 09 December 2022; Ref: scu.270703

HM Revenue and Customs v Weald Leasing Ltd: ChD 16 Jan 2008

Judges:

Lindsay J

Citations:

[2008] EWHC 30 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Halifax plc etc v Commissioners of Customs and Excise ECJ 21-Feb-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2), Article 5(1) and Article 6(1) – Economic activity – Supplies of goods – Supplies of services – Abusive practice – Transactions designed solely to . .
Appeal from – Weald Leasing Ltd v Revenue and Customs VDT 6-Feb-2007
VDT VAT – AVOIDANCE – Abuse of rights – Appellant associate of exempt trader purchasing assets to lease to separate company to lease on to exempt trader – Associate outside VAT group – Associate credited with . .

Cited by:

Reference from – Weald Leasing (Taxation) ECJ 26-Oct-2010
ECJ Opinion – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Concept of ‘abusive practice’ and ‘normal commercial operations’ – Transaction designed solely to obtain a tax advantage – Leasing and . .
Reference from – HM Revenue and Customs v Weald Leasing (Taxation) ECJ 2-Dec-2010
ECJ Sixth VAT Directive – Concept of ‘abusive practice’ – Leasing transactions effected by a group of undertakings to spread the payment of non-deductible VAT . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 09 December 2022; Ref: scu.263645

Konevod v Secretary of State for Work and Pensions: CA 30 Jun 2020

Claim for a UK non-contributory sickness benefit in circumstances where the claimant had formerly lived and worked in the United Kingdom but was resident in another EU Member State at the time when the claim was made.

Citations:

[2020] EWCA Civ 809

Links:

Bailii

Statutes:

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

Jurisdiction:

England and Wales

Benefits, European

Updated: 07 December 2022; Ref: scu.652152

Amoena (UK Ltd v Revenue and Customs (Customs Duty : Application for Reference To CJEU): FTTTx 7 Sep 2018

Application for reference to CJEU under art 267 TFEU – Validity of European Commission Implementing Regulation effectively overturning UK Supreme Court decision – whether appellant’s arguments well founded that (a) the Regulation contains a ‘manifest error’ and was ultra vires the Commission’s powers and (b) the Regulation breaches the principle of sincere co-operation – reference made.

Citations:

[2018] UKFTT 505 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Customs and Excise, European

Updated: 07 December 2022; Ref: scu.632288

AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017

AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.
Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’

Judges:

Jackson, Underhill, Burnett LJJ

Citations:

[2017] EWCA Civ 35, [2017] 4 WLR 94, [2017] WLR(D) 48

Links:

Bailii, WLRD

Statutes:

Charter of Fundamental Rights of the European Union 41 47

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European

Updated: 07 December 2022; Ref: scu.573603

Evropaiki Dynamiki v ENSA: ECJ 13 Dec 2012

Taxation of costs

Citations:

[2012] EUECJ C-252/10

Links:

Bailii

Jurisdiction:

European

Citing:

Judgment – Evropaiki Dynamiki v ENSA (Law Governing The Institutions) ECJ 21-Jul-2011
ECJ Appeal – Public procurement – European Maritime Safety Agency (EMSA) – Call for tenders relating to the ‘SafeSeaNet’ application – Decision rejecting a tenderer’s bid – Contract award criteria – Sub-criteria . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 December 2022; Ref: scu.535556

Iwona Szyrocka v Siger Technologie Gmbh: ECJ 13 Dec 2012

ECJ Regulation (EC) No 1896/2006 – European order for payment procedure – Application for an order which does not comply with the formal requirements laid down by national law – Exhaustive nature of the requirements to be met by the application – Whether it is possible to claim the interest accrued up to the date of payment of the principal

Judges:

A. Tizzano, P

Citations:

C-215/11, [2012] EUECJ C-215/11

Links:

Bailii

Statutes:

Regulation (EC) No 1896/2006

Jurisdiction:

European

European

Updated: 07 December 2022; Ref: scu.468776

AX v European Central Bank: ECJ 13 Dec 2012

ECJ Civil service – ECB Staff – Disciplinary proceedings – Suspension of a staff member without reduction of his basic salary – Withdrawal of a decision – Rights of the defence – Access to the file – Statement of reasons – Reasons for a decision – Allegation of breach of professional duties – Serious misconduct

Judges:

Pujol, P

Citations:

F-7/11, [2012] EUECJ F-7/11

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 07 December 2022; Ref: scu.468760

ABC Direct Contact Sp ZOO v Poczta Polska Sa: ECJ 13 Dec 2012

ECJ Directive 2004/18/EC – Article 45(2), first subparagraph, point (d) -Directive 2004/17/EC – Articles 53(3) and 54(4) – Public procurement – Postal services sector – Exclusion criteria in relation to the procedure for the award of a contract – Grave professional misconduct – Protection of the public interest – Maintenance of fair competition

Citations:

C-465/11, [2012] EUECJ C-465/11

Links:

Bailii

Statutes:

Directive 2004/18/EC, Directive 2004/17/EC

Jurisdiction:

European

European, Administrative

Updated: 07 December 2022; Ref: scu.468758

Etablissement National Des Produits De L’Agriculture Et De La Mer v Vinifrance Sa: ECJ 13 Dec 2012

ECJ Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Articles 4 and 5 – Administrative penalty – Administrative measure – Regulation (EEC) No 822/87 – Aid for the private storage of concentrated grape must – Community origin – Regulation (EEC) No 1059/83 – Long-term storage contract – Article 2(2) – Article 17(1)(b) – Reduction of the amount of aid in relation to the seriousness of the breach committed

Judges:

L Bay Larsen, acting P

Citations:

C-670/11, [2012] EUECJ C-670/11

Links:

Bailii

Statutes:

Regulation (EC, Euratom) No 2988/95, Regulation (EEC) No 822/87, Regulation (EEC) No 1059/83

Jurisdiction:

European

Agriculture

Updated: 07 December 2022; Ref: scu.468765

Blv Wohn-Und Gewerbebau Gmbh v Finanzamt Ludenscheid: ECJ 13 Dec 2012

ECJ Taxation – Sixth VAT Directive – Decision 2004/290/EC – Manner in which a Member State applies a derogating measure – Authorisation – Article 2, point (1) – ‘Construction work’ – Interpretation – Supplies of goods covered – Possibility for the derogating measure to be applied only in part – Restrictions

Citations:

C-395/11, [2012] EUECJ C-395/11

Links:

Bailii

Statutes:

Decision 2004/290/EC

Jurisdiction:

European

VAT

Updated: 07 December 2022; Ref: scu.468762

Grand Duchy of Luxembourg, v European Parliament: ECJ 13 Dec 2012

ECJ Actions for annulment – Law governing the institutions – Calendar of plenary part-sessions of the European Parliament for 2012 and 2013 – Protocols on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union

Judges:

R Silva de Lapuerta P

Citations:

C-237/11, [2012] EUECJ C-237/11

Links:

Bailii

Jurisdiction:

European

European

Updated: 07 December 2022; Ref: scu.468774

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with his partner, he had resided with his mother and regarded the dwelling as his permanent residence.
Held: The absence of the procedures led to the conclusion that Section 62 violated the son’s Article 8 rights because of the lack of procedural safeguards. There was a breach of Article 6 in the process carried out internally by the council. Unlike McCann, there was a determination of the son’s rights by the council insofar as it made the decision that he was not entitled to succeed to the tenancy. There was no appeal for this decision within the decision making structures of the council and the issue could not be opened up again in the Section 62 proceedings. The restricted application of Article 6, as evidenced in McCann, was to be contrasted with the wide-reaching implicit guarantee of fair procedures in decision making by public bodies under the Irish constitution.

Judges:

O’Neill J

Citations:

[2008] IEHC 354

Links:

Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – McCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, human Rights

Updated: 07 December 2022; Ref: scu.414889

Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence or factual dispute being considered.
Held: Laffoy J said that the tenant’s case fell squarely within the core principles established by the judgments of the ECHR and was an exceptional case.
Judicial review was inadequate as a remedy because it did not address any dispute as to the facts: ‘Accordingly, in the light of the decisions of the ECHR in Connors and Blecic the procedure provided for in s. 62, under which a warrant for possession is issued by the District Court against the tenant of a housing authority on the grounds of breach of the tenant’s tenancy agreement, without affording the tenant an opportunity where there is a dispute as to the underlying facts on which the allegation is based to have the decision to terminate reviewed on the merits, by the District Court or some other independent tribunal, cannot be regarded as proportionate to the need of the housing authority to manage and regulate its housing stock in accordance with its statutory duties and the principles of good estate management.’
A declaration of incompatibility was made under Section 5 of the Human Rights Act 2003.

Judges:

Laffoy J

Citations:

[2008] IEHC 288, 2005 3513 P

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – McCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, Human Rights

Updated: 07 December 2022; Ref: scu.414888

des Gaz SA v Falks Veritas Ltd: CA 1974

The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ .
A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, not as at the date that the statement of claim was filed, unless a statute changing the law expresses a clear contrary intention.

Judges:

Lord Denning MR

Citations:

[1974] Ch 381, [1974] 3 All ER 51

Statutes:

European Communities Act 1972

Jurisdiction:

England and Wales

Cited by:

Cited – Oakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 07 December 2022; Ref: scu.235766

Consorzio del Prosciutto di Parma v Marks and Spencer plc: 1990

Italian regulations are not directly enforceable within the United Kingdom.

Citations:

[1990] FSR 530

Jurisdiction:

England and Wales

Cited by:

Cited – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Cited – Boehringer Ingelheim Ltd and others v Vetplus Ltd CA 20-Jun-2007
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 December 2022; Ref: scu.226088

Johnson v Berentzen and Another: QBD 26 Apr 2021

Trial of a preliminary issue to determine whether the claimant’s claim in tort for damages for personal injury in a road traffic accident which occurred in Scotland but was issued in the jurisdiction of England and Wales was brought within the limitation period or is time barred. It raises issues of the proper role and operation of the applicable law in tort selected under the conflict of laws rules in Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (‘the Rome II Regulation’).

Judges:

The Honourable Mrs Justice Stacey

Citations:

[2021] EWHC 1042 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Limitation, Negligence, European

Updated: 07 December 2022; Ref: scu.662425

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive.

Citations:

Times 01-Oct-1998, T-133/95, T-204/95

Statutes:

Universal Postal Union Convention art 25

Jurisdiction:

European

Administrative

Updated: 07 December 2022; Ref: scu.82404

A2A SpA v Agenzia delle Entrate: ECJ 3 Sep 2015

Reference for a preliminary ruling – State aid – Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market – Simple or compound interest – National legislation referring, for the calculation of interest, to Regulation (EC) No 794/2004 – Recovery decision notified before that regulation entered into force

Citations:

[2015] EUECJ C-89/14, ECLI:EU:C:2015:537

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – A2A SpA v Agenzia delle Entrate ECJ 26-Mar-2015
(Advocate Generals Opinion) Reference for a preliminary ruling – State aid – Decision to recover unlawful aid – Method of calculating the interest applicable to that recovery – Regulation (EC) No 794/2004 – Article 11 – Compound interest – Article . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 December 2022; Ref: scu.632108

Partridge Farms Ltd, Regina (On the Application of) v Secretary Of State for Environment, Food and Rural Affairs: CA 1 Apr 2009

Appeal by the Secretary of State from an order declaring that the Cattle Compensation (England) Order 2006 (SI 2006/168) breached the principle of equality in European Community law, because in setting compensation for cattle slaughtered on account of cattle tuberculosis (bovine TB) it did not make proper provision for pedigree cattle of especially high value.

Judges:

Lord Justice Lawrence Collins

Citations:

[2009] EWCA Civ 284, [2009] NPC 58, [2009] Eu LR 816

Links:

Bailii

Statutes:

Cattle Compensation (England) Order 2006

Jurisdiction:

England and Wales

Agriculture, European

Updated: 06 December 2022; Ref: scu.328889

Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or otherwise. Nevertheless it was necessary to make the Regulations work in the context of this a pre-emptive challenge by taking the case of typical parties. This was not the basis on which an individual’s challenge would be heard. The OFT was entitled to make this challenge. An injunction if granted should not prevent Foxtons arguing in any particular case of a contract already in existence that the circumstances of that particular case made the term fair for that consumer. Once the pleadings had been amended to omit reference to particular cases, the court would have power to grant the appropriate injunction if it felt necessary.

Judges:

Morgan J

Citations:

[2008] EWHC 1662 (Ch)

Links:

Bailii

Statutes:

Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts, Unfair Terms in Consumer Contracts Regulations 1999

Jurisdiction:

England and Wales

Citing:

Cited – Director General of Fair Trading v First National Bank Plc ChD 30-Jul-1999
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. . .
Cited – Director General of Fair Trading v First National Bank Plc CA 15-Sep-1999
A bank had a clause in its standard terms which provided that it could continue to recover interest at the contract rate after judgment for default. The clause was an unfair term. The clause allowed a bank to impose an arrangement for repayment by . .
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Cited – Oceano Grupo Editorial SA v Quintero ECJ 2000
The court asked whether, in a case brought against an individual consumer, the court could investigate the unfairness of the relevant term of the contract at issue of its own motion.
Held: In such a case the court could act of its own motion. . .
Cited – Elisa Maria Mostaza Claro v Centro Movil Milenium SL ECJ 26-Oct-2006
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Failure to raise the unfair nature of a term during arbitration proceedings – Possibility of raising that objection in the context of an action . .
Cited – Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter ECJ 1-Apr-2004
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national . .
Cited – Financial Services Authority v Rourke ChD 19-Oct-2001
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding . .
Cited – Padden v Arbuthnot Pensions and Investments Ltd CA 14-May-2004
. .
Cited – Office of Fair Trading v MB Designs (Scotland) Limited Martin Black Paul Bradley Bett OHCS 29-Jun-2005
The Office sought an order to enforce obligations under the 2002 Act against a trader. He argued that some of the acts complained of preceded the coming into force of the Act.
Held: The Act sought to protect the interests of consumers in . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
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 – Meadows Indemnity Co Ltd v The Insurance Corporation of Ireland plc and Another CA 1989
A claim was made for declaratory relief.
Held: The Claimant, a re-insurer, did not have locus to claim a declaration that the main insurer could avoid the main contract of insurance, to which the Claimant was not a party. The court considered . .
Cited – Feetum v Levy CA 2006
Jonathan Parker LJ discussed the granting of declarations: ‘things have indeed moved on since the Meadows case was decided; and the courts should not nowadays apply such a restrictive meaning to the passage in Lord Diplock’s speech in Gouriet’s . .

Cited by:

Appeal from – Office Of Fair Trading v Foxtons Ltd CA 2-Apr-2009
The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed.
Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the . .
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 06 December 2022; Ref: scu.270958

Sommer Antriebs-Und Funktechnik v Rademacher Gerate-Elektronik GmbH and Co. KG: ECJ 16 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Waste electrical and electronic equipment – Directive 2002/96/EC – Articles 2(1) and 3(a) and Annexes I A and I B – Directive 2012/19/EU – Articles 2(1)(a), 2(3)(b) and 3(1)(a) and (b), and Annexes I and II – Concepts of ‘electrical and electronic equipment’ and ‘electrical and electronic tools’ – Garage-door operating devices

Citations:

C-369/14, [2015] EUECJ C-369/14

Links:

Bailii

Statutes:

Directive 2002/96/EC 2(1) 3(a), Directive 2012/19/EU

Jurisdiction:

European

Environment

Updated: 05 December 2022; Ref: scu.550996

Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien: ECJ 1 Mar 2012

Opinion – Accession of new Member States – Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Bulgaria – Applicability of Directive 2004/114/EC – Conditions for admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service – Standstill clause – Principle of preference for Union citizens – Admissibility of legislation of a Member State which makes the issue of a work permit to Bulgarian nationals subject to systematic examination of the situation in the labour market

Citations:

C-15/11, [2012] EUECJ C-15/11

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Sommer v Landesgeschaftsstelle des Arbeitsmarktservice Wien ECJ 21-Jun-2012
ECJ Accession of new Member States – Republic of Bulgaria – Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 December 2022; Ref: scu.460887

The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination.

Judges:

David J

Citations:

[2007] EWHC 3090 (Admin)

Links:

Bailii

Statutes:

Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006)

Jurisdiction:

England and Wales

Cited by:

At First Instance – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 23-Sep-2008
Europa Council Directive 2000/78/EC Article 6(1) Age discrimination – Compulsory retirement National legislation permitting employers to dismiss employees aged 65 and over if the reason of dismissal is retirement . .
At High Court – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
See Also – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 05 December 2022; Ref: scu.263482