I v Health Service Executive: ECJ 20 Mar 2014

ECJ Opinion – Coordination of social security systems – Articles 19 and 20 of Regulation (EC) No 883/2004 – Concepts of ‘stay’ and of ‘residence’ – Article 11 of Regulation (EC) No 987/2009 – Citizen residing in one Member State afflicted with a severe medical condition while holidaying in a second Member State – Stay in the second Member State for more than 11 years on account of that condition and the lack of treatment available in the first Member State

Wahl AG
C-255/13, [2014] EUECJ C-255/13, [2014] EUECJ C-255/13
Bailii, Bailii
Regulation (EC) No 883/2004 19 20

European, Benefits

Updated: 01 December 2021; Ref: scu.522649

Rousse Industry v Commission: ECJ 20 Mar 2014

ECJ Appeal – State aid – Aid granted by the Republic of Bulgaria in the form of a debt waiver – Commission decision declaring the aid incompatible with the common market and ordering its recovery – Concept of” new aid – obligation to state reasons

J. L. da Cruz Vilaca P
C-271/13, [2014] EUECJ C-271/13
Bailii

European

Updated: 01 December 2021; Ref: scu.522651

Giordano v Commission: ECJ 20 Mar 2014

ECJ Opinion – Appeals – Fishing quotas – Emergency measures adopted by the Commission – Action for non-contractual liability of the European Union – compensable Damage – Damage and some real – Loss of opportunity as part of the compensable injury

Cruz Villallon AG
C-611/12, [2014] EUECJ C-611/12, [2014] EUECJ C-611/12
Bailii, Bailii

European, Agriculture

Updated: 01 December 2021; Ref: scu.522648

Buono And Others v Commission: ECJ 20 Mar 2014

ECJ Opinion – Appeals – Fishing quotas – Emergency measures adopted by the Commission – Action for non-contractual liability of the European Union – Admissibility – legal persons to act for damages – Non-contractual liability for an unlawful act – Application of FIAMM and Others / Council and Commission by the Court – Liability for an unlawful act – compensable Damage – Loss of chance

Cruz Villalon AG
C-12/13, [2014] EUECJ C-12/13, [2014] EUECJ C-12/13
Bailii, Bailii

European, Agriculture

Updated: 01 December 2021; Ref: scu.522644

Commission v Lithuania: ECJ 20 Mar 2014

ECJ Failure of a Member State to fulfil obligations – Registration of motor vehicles – Articles 34 TFUE and 36 TFUE – Directive 70/311/EEC – Directive 2007/46/EC – Driving on the right in a Member State – Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side

T. von Danwitz, P
C-61/12, [2014] EUECJ C-61/12
Bailii

European, Road Traffic

Updated: 01 December 2021; Ref: scu.522646

Caixa D’Estalvis I Pensions De Barcelona v Generalidad de Cataluna: ECJ 20 Mar 2014

ECJ Request for a preliminary ruling – Sixth VAT Directive – Exemptions – Transactions concerning the sale of shares and involving the transfer of interests in immoveable property – Imposition of an indirect tax distinct from VAT – Articles 49 TFEU and 63 TFEU – Purely internal situation

E. Juhasz, P
C-139/12, [2014] EUECJ C-139/12
Bailii

European, VAT

Updated: 01 December 2021; Ref: scu.522645

Commission v Poland: ECJ 20 Mar 2014

ECJ Failure of a Member State to fulfil obligations – Registration of motor vehicles – Articles 34 TFEU and 36 TFEU – Directive 70/311/EEC – Directive 2007/46/EC – Driving on the right in a Member State – Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side

T. von Danwitz, P
C-639/11, [2014] EUECJ C-639/11
Bailii
Directive 70/311/EEC, Directive 2007/46/EC

European, Road Traffic

Updated: 01 December 2021; Ref: scu.522647

Tan v Choy: CA 19 Mar 2014

This appeal concerns the fifth indent of Article 3(1)(a) of the Regulation, which provides that ‘[i]n matters relating to divorce . . jurisdiction shall lie with the courts of the Member State (a) in whose territory . . the applicant is habitually resident if he or she has resided there for at least a year immediately before the application was made’.

Sir Brian Leveson P QBD, Aikens, Macur DBE LJJ
[2014] EWCA Civ 251
Bailii
Council Regulation (EC) No 2201/2003
England and Wales
Cited by:
CitedRapisarda v Colladon (Irregular Divorces) FC 30-Sep-2014
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction.
Family, European

Updated: 01 December 2021; Ref: scu.522607

Posteshop – Divisione Franchising Kipoint v Autorita Garante della Concorrenza e del Mercato: ECJ 13 Mar 2014

ECJ Request for a preliminary ruling – Directive 2006/114/EC – Concepts of ‘misleading advertising’ and ‘comparative advertising’ – National legislation providing that misleading advertising and unlawful comparative advertising are two separate unlawful acts

C.G. Fernlund, P
C-52/13, [2014] EUECJ C-52/13
Bailii
Directive 2006/114/EC

European, Media

Updated: 01 December 2021; Ref: scu.522492

Northern Ireland Department Of Agriculture And Rural Development v Commission: ECJ 6 Mar 2014

ECL Appeals – EAGGF, EAGF and EAFRD – Expenditure excluded from European Union financing – Admissibility of an action for annulment – Situation of the appellant who is not directly affected by the decision at issue

J.L. da Cruz Vilaca R P
C-248/12, [2014] EUECJ C-248/12
Bailii

European, Agriculture

Updated: 01 December 2021; Ref: scu.522491

Nordea Bank v Skatteministerium: ECJ 13 Mar 2014

ECJ Opinion – Tax legislation – Freedom of establishment – National Income tax – Taxation Group – Taxation of the activity of foreign permanent establishments of companies resident – Prevention of double taxation through imputation tax (imputation) – Reinstatement of losses previously taken into account in case of transfer of the permanent establishment within the group and disappearance of powers of taxation

Juliane Kokott AG
C-48/13, [2014] EUECJ C-48/13, [2014] EUECJ C-48/13
Bailii, Bailii

European, Income Tax

Updated: 01 December 2021; Ref: scu.522490

Snezhana Somova v Slaven director na Stolichno upravlenie “sotsialno osiguryavane”: ECJ 5 Mar 2014

ECJ Opinion – Social security for migrant workers – Requirement interruption insurance to receive an old age pension – Possibility to spread the rule of aggregation of periods of insurance and insurance – Redemption premiums – Coincidence periods insurance in two Member States – Pausing and recovery of payments – Obligation to pay interest – Principles of equivalence and effectiveness

Melchior Wathelet AG
C-103/13, [2014] EUECJ C-103/13, [2014] EUECJ C-103/13 – J
Bailii, Bailii

European

Updated: 01 December 2021; Ref: scu.522495

Sices And Others v Agenzia Dogane Ufficio delle Dogane di Venezia: ECJ 13 Mar 2014

ECJ Agriculture – Regulation (EC) No 341/2007 – Article 6(4) – Tariff quotas – Garlic of Chinese origin – Import licences – Non-transferable nature of rights deriving from certain import licences – Circumvention – Abuse of rights

L. Bay Larsen, P
C-155/13, [2014] EUECJ C-155/13
Bailii

European, Agriculture

Updated: 01 December 2021; Ref: scu.522494

Brogsitter v Fabrication de Montres Normandes EURL: ECJ 13 Mar 2014

ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(1) and (3) – Civil liability claim – Tortious or contractual nature

J.L. da Cruz Vilaca, P
C-548/12, [2014] EUECJ C-548/12
Bailii
Regulation (EC) No 44/2001

European

Updated: 01 December 2021; Ref: scu.522479

Bouanich v Directeur des services fiscaux de la Drome: ECJ 13 Mar 2014

ECJ Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 49 TFEU – Freedom of establishment – Tax on income of natural persons – Mechanism capping direct taxes by reference to income – Bilateral tax agreement for avoidance of double taxation – Taxation of dividends distributed by a company established in another Member State and already subject to a withholding tax – Failure to take into account or partial taking into account of the tax paid in the other Member State for the calculation of the tax cap – Article 65 TFEU – Restriction – Justification

T. von Danwitz, P
C-375/12, [2014] EUECJ C-375/12
Bailii

European

Updated: 01 December 2021; Ref: scu.522478

Confederacion Espanola De Empresarios De Estaciones De Servicio and Asociacion De Gestores De Estaciones De Servicio v European Commission: ECFI 6 Feb 2014

ECFI Competition – Cartels – Spanish service stations market – Decision rejecting a complaint – Regulation (EC) No 1/2003 – Breach of commitments made binding by a decision of the Commission – Reopening of proceedings – Fines – Penalty payments

T-342/11, [2014] EUECJ T-342/11
Bailii
Regulation (EC) No 1/2003

European

Updated: 01 December 2021; Ref: scu.522469

Bloomsbury v Belgische Staat: ECJ 6 Mar 2014

ECJ Article 99 of the Rules of Procedure – Directive 78/660/EEC – Article 2, paragraph 3 – Principle of faithful – Article 2, paragraph 4 – Reporting requirements – Article 2, paragraph 5 – Duty exemption – Article 32 – Evaluation based on historic costs – Acquisition by a company of a gratuitous

C-510/12, [2014] EUECJ C-510/12
Bailii
Directive 78/660/EEC

European

Updated: 01 December 2021; Ref: scu.522477

Valimar OOD v Nachalnik na Mitnitsa Varna: ECJ 27 Feb 2014

ECJ Opinion – Common commercial policy – Dumping – Regulation (EC) No 384/96 – Wire of iron or steel originating in Russia – Regulation (EC) No 1601/2001 – Price undertakings – Interim Review – Review under the expiry of the measures – Regulation (EC) No 1279/2007 – Determination of export price – Reliability of export prices to the Community – Consideration of price undertakings – Change of circumstances – Application of method different from that used in the original investigation – Assessment of validity

Cruz Vilalon AG
C-374/12, [2014] EUECJ C-374/12, [2014] EUECJ C-374/12 – 2
Bailii, Bailii

European, Commercial

Updated: 01 December 2021; Ref: scu.522475

LG Display Co Ltd And LG Display Taiwan Co Ltd v European Commission: ECFI 27 Feb 2014

ECFI Competition – Cartels – World Market for liquid crystal display (LCD) screens – Agreements and concerted practices on prices and production capacity – Internal Sales – Rights of the defense – Fines – Immunity partial fine – Infringement single and continuous – Ne bis in idem ‘

H. Kanninen, P
T-128/11, [2014] EUECJ T-128/11
Bailii

European

Updated: 01 December 2021; Ref: scu.522471

Leone And Leone: ECJ 27 Feb 2014

ECJ Opinion – Social policy – Article 141 EC – Equal pay for male and female workers workers – Early retirement with immediate payment of pension – Additional seniority – Employee benefits, regardless of gender, subject to interruption of business activity to educate children – Lack of legal framework for male civil servants to receive equivalent time off for maternity leave open to female civil servants – Indirect discrimination – Possible Justification – Affirmative Action Measures

Mr Niilo Jaaskinen
C-173/13, [2014] EUECJ C-173/13, [2014] EUECJ C-173/13
Bailii, Bailii

European

Updated: 01 December 2021; Ref: scu.522470

AC-Treuhand Ag v European Commission: ECFI 6 Feb 2014

ECFI Competition – Cartels – Markets tin heat stabilizers and heat stabilizers ESBO / esters – Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement – Business consulting not operating markets involved – Fines – Application for annulment – Concept of undertaking – Principle of legality of criminal offenses and penalties – Duration of the infringement – Limitation period – Duration of the administrative procedure – Reasonable time – Rights of the defense – the late Information Ceiling of 10% of turnover – investigation procedure Sanction of two offenses in a single decision – Concept of single infringement – Application for Review – Amount of fines – Duration of the infringements – Time Administrative Procedure – Guidelines for the calculation of fines in 2006 – Value of sales – symbolic fine – Powers of full jurisdiction

T-27/10, [2014] EUECJ T-27/10
Bailii

European, Commercial

Updated: 01 December 2021; Ref: scu.522465

Sartorius Lab Instruments Gmbh and Co. Kg v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 26 Feb 2014

ECFI Community trade mark – Application for Community trade mark consisting of an arc of yellow circle at the bottom of a screen – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207 / 2009

Frimodt S. Nielsen, P
T-331/12, [2014] EUECJ T-331/12
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 01 December 2021; Ref: scu.522472

Centro Hospitalar De Setubal v Eurest Portugal – Sociedade Europeia Restaurantes Lda: ECJ 27 Feb 2014

ECJ Opinion – Public procurement – Directive 2004/18/EC – No obligation to organize a tender procedure under the rules of EU law (internal or ‘in house’ award) – Condition of ‘similar control’ – Bidder legally distinct from the contracting authority in the form of a non-profit organization – Participation of private capital in the interests of the contractor – Condition embodiment of the essence of the activity with the contracting authorities exercise ‘control similar’

Mengozzi AG
C-574/12, [2014] EUECJ C-574/12, [2014] EUECJ C-574/12
Bailii, Bailii
Directive 2004/18/EC

European

Updated: 01 December 2021; Ref: scu.522468

Al Assad v Council: ECFI 12 Mar 2014

ECFI Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Registration of an individual on the list of persons mentioned – personal links with members of the regime – Rights of the defense – Fair trial – Obligation to state reasons – Burden of proof – Right to effective judicial protection – Proportionality – Right to property – Right to privacy ‘

H. Kanninen, P
T-202/12, [2014] EUECJ T-202/12
Bailii

European

Updated: 01 December 2021; Ref: scu.522476

Acanfora v Equitalia Sud SpA – Officer riscossione di Latina: ECJ 27 Feb 2014

ECJ Preliminary ruling – Article 107 TFEU – Meaning of” State aid ‘- National legislation in case of non-payment of tax, a requirement for the taxpayer to pay the concessionaire service recovery, a amount totaling 9% are on the docket as income collection activities – Description factual – Insufficient – Manifest inadmissibility

J. L. da Cruz Vilaca, P
C-181/13, [2014] EUECJ C-181/13
Bailii

European

Updated: 01 December 2021; Ref: scu.522466

Evans v The Information Commissioner and Others: CA 12 Mar 2014

Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial review of the certificate.
Held: The appeal succeeded. (i) the reasons given by the Attorney General were not capable of constituting ‘reasonable grounds’ within the meaning of section 53(2) of the FOIA 2000, and (ii) because the advocacy correspondence was concerned with environmental issues, the Certificate was incompatible with both Council Directive 2003/4/EC and article 47 of the EU Charter of Fundamental Rights.

Lord Dyson MR, Richards, Pitchford LJJ
[2014] EWCA Civ 253, [2014] Env LR 26, [2014] 3 All ER 682, [2014] 3 CMLR 12, [2014] 1 QB 855, [2014] WLR(D) 124, [2014] HRLR 12, [2014] 2 WLR 1334
Bailii, WLRD
Freedom of Information Act 2000 53(2), Council Directive 2003/4/EC, Charter of Fundamental Rights of te European Union 47, The Environmental Information Regulations 2004
England and Wales
Citing:
Appeal fromEvans, Regina (on The Application of) v HM Attorney General and Another Admn 9-Jul-2013
The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the . .
See AlsoEvans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .

Cited by:
Appeal fromEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .

Lists of cited by and citing cases may be incomplete.

Information, Litigation Practice, European, Constitutional, Human Rights, Environment

Updated: 01 December 2021; Ref: scu.522384

Evans, Regina (on The Application of) v HM Attorney General and Another: CA 12 Mar 2014

The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable.

Lord Dyson MR, Richards, Pitchford LJJ
[2014] EWCA Civ 254, [2014] 2 WLR 1334, [2014] Env LR 26, [2014] 1 QB 855, [2014] WLR(D) 124, [2014] HRLR 12, [2014] 3 All ER 682, [2014] 3 CMLR 12
Bailii, WLRD
Charter of Fundamental Rights of the European Union 47, Freedom of Information Act 2000 53(2)
England and Wales
Citing:
At UTAAEvans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .
Appeal fromEvans, Regina (on The Application of) v HM Attorney General and Another Admn 9-Jul-2013
The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the . .

Lists of cited by and citing cases may be incomplete.

Information, Human Rights, European, Constitutional

Updated: 01 December 2021; Ref: scu.522385

Grunwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt: ECJ 22 Mar 2012

EAT Dumping – Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China – Regulation (EC) No 1355/2008 – Validity – Regulation (EC) No 384/96 – Article 2(7)(a) – Determination of normal value – Non-market economy country – Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country

K. Lenaerts, P
[2012] EUECJ C-338/10, C-338/10
Bailii
Regulation (EC) No 384/96 2(7)(a), Regulation (EC) No 1355/2008
Citing:
OpinionGrunwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt ECJ 6-Oct-2011
ECJ (Commercial Policy) French Text – Opinion – Regulation dumping duty on imports of certain prepared or preserved citrus fruits originating in China – Validity – Determination of normal value – Exporting . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 01 December 2021; Ref: scu.522293

Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo: ECJ 6 Mar 2014

ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – General principles of European Union law – implementation of European Union law – Scope of European Union law – A sufficient connection – Lack of such a connection – Lack of jurisdiction of the Court

E. Juhasz, P
C-206/13, [2014] EUECJ C-206/13
Bailii

European

Updated: 01 December 2021; Ref: scu.522272

Greencarrier Freight Services Latvia (Bibliographic Notice): ECJ 27 Feb 2014

ECJ Request for a preliminary ruling – Community Customs Code – Articles 70(1) and 78 – Customs declarations – Partial examination of goods – Sampling – Incorrect code – Application of the results to identical goods covered by earlier customs declarations after release – Post-release examination – Impossible to request a further examination of the goods

M. Ilesic, P
[2014] EUECJ C-571/12, C-571/12
Bailii
Citing:
OpinionGreencarrier Freight Services Latvia (Bibliographic Notice) ECJ 5-Dec-2013
ECJ Opinion – Customs union – Customs Code – Articles 70, 78, 221 of Regulation (EEC) No 2913/92 – Revision of customs declarations – Partial examination of goods – Extension of audit results to identical goods . .

Lists of cited by and citing cases may be incomplete.

European, Customs and Excise

Updated: 01 December 2021; Ref: scu.522274

Commission v Poland: ECJ 29 Mar 2012

ECJ Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Articles 5 and 6 – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Legislation of a Member State exempting medicinal products similar to but cheaper than authorised products from marketing authorisation

K. Lenaerts, P
[2012] EUECJ C-185/10, C-185/10
Bailii
Directive 2001/83/EC
Citing:
OpinionCommission v Poland ECJ 29-Sep-2011
ECJ (Approximation Of Laws) Opinion – Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Article 6 – Marketing authorisation – Article 5 – Exclusion from provisions of directive for . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 01 December 2021; Ref: scu.522273

Dresser Rand v Agenzia Delle Entrate Direzione Provinciale, Ufficio Controlli di Genova: ECJ 6 Mar 2014

ECJ (Judgment Of The Court) Request for a preliminary ruling – Taxation – VAT – Directive 2006/112/EC – Article 17(2)(f) – Condition relating to the return of goods to the Member State from which they were initially dispatched or transported

C-606/12, [2014] EUECJ C-606/12
Bailii

European

Updated: 01 December 2021; Ref: scu.522269

Bouman v Rijksdienst voor Pensioenen: ECJ 4 Mar 2014

ECJ (Opinion) Preliminary ruling – Regulation (EEC) No 1408/71 – Article 46 bis, paragraph 3 c) – Social security for migrant workers – Old Age and Survivors Insurance – Calculation of benefits – National rules against overlapping – Definition of” voluntary insurance or optional continued ‘- National pension under a compulsory insurance scheme with the possibility to request exemption from affiliation to that scheme for a certain period – Scope of the certificate issued by the competent institution of another Member State – Regulation (EC) No 574/72 – Article 47

Maciej Szpunar AG
C-114/13, [2014] EUECJ C-114/13
Bailii
Regulation (EEC) No 1408/71, Regulation (EC) No 574/72
Cited by:
OpinionBouman v Rijksdienst voor Pensioenen ECJ 12-Feb-2015
ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Old age and survivors’ insurance – Article 46a(3)(c) – Award of benefits – National rules against overlapping – . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 01 December 2021; Ref: scu.521986

Stichting Woonpunt And Others v Commission: ECJ 27 Feb 2014

ECJ Appeal – State aid – Schemes for aid granted in favour of housing corporations – Compatibility decision – Commitments provided by the national authorities in order to comply with European Union law – Fourth paragraph of Article 263 TFEU – Action for annulment – Conditions governing admissibility – Interest in bringing proceedings – Locus standi – Beneficiaries who are individually and directly concerned – Notion of a ‘closed circle’

C-132/12, [2014] EUECJ C-132/12
Bailii

European

Updated: 01 December 2021; Ref: scu.521839

A-Sterreichischer Gewerkschaftsbund v Verband A-Sterreichischer Banken Und Bankiers: ECJ 13 Feb 2014

ECJ Opinion – Framework Agreement on part-time work – Principle of non-discrimination – Collective agreement providing for a dependent child allowance – Allowance paid pro-rata to part-time workers

Sharpston AG
C-476/12, [2014] EUECJ C-476/12, [2014] EUECJ C-476/12 – J
Bailii, Bailii

European

Updated: 01 December 2021; Ref: scu.521844

Lyreco Belgium v Sophie Rogiers: ECJ 27 Feb 2014

ECJ (Judgment Of The Court) Social policy – Directive 96/34/EC – Framework agreement on parental leave – Clauses 1 and 2.4 – Part-time parental leave – Dismissal of a worker without compelling or sufficient reason – Fixed-sum protective award on account of the taking of parental leave – Method of calculating the amount of award

M. Ilesc, P
C-588/12, [2014] EUECJ C-588/12
Bailii
Directive 96/34/EC

European, Employment

Updated: 30 November 2021; Ref: scu.521830

Stichting Woonlinie And Others v Commission: ECJ 27 Feb 2014

ECJ Appeal – State aid – Scheme for aid granted in favour of housing corporations – Compatibility decision – Commitments provided by the national authorities in order to comply with European Union law – Fourth paragraph of Article 263 TFEU – Action for annulment – Conditions governing admissibility – Interest in bringing proceedings – Locus standi – Beneficiaries who are individually and directly concerned – Notion of a ‘closed circle’

C-133/12, [2014] EUECJ C-133/12
Bailii

European

Updated: 30 November 2021; Ref: scu.521838

Ningbo Yonghong Fasteners v Council: ECJ 27 Feb 2014

ECJ (Judgment Of The Court) Appeal – Dumping – Regulation (EC) No 384/96 – Second subparagraph of Article 2(7)(c) – Imports of certain iron or steel fasteners originating in China – Market economy treatment – Time-limit for adoption of the related decision exceeded – Effect

C-601/12, [2014] EUECJ C-601/12
Bailii
Regulation (EC) No 384/96 2(7)(c)

European

Updated: 30 November 2021; Ref: scu.521834

Pro Med Logistik Gmbh v Finanzamt Dresden-Sud: ECJ 27 Feb 2014

ECJ Request for a preliminary ruling – VAT – Sixth VAT Directive – Article 12(3) – Annex H, category 5 – Directive 2006/112/EC – Article 98(1) and (2) – Annex III, point 5 – Principle of neutrality – Transport of passengers and their accompanying luggage – Legislation of a Member State applying different rates of VAT to transport by taxi and to transport by minicab

C-454/12, [2014] EUECJ C-454/12
Bailii

European, VAT

Updated: 30 November 2021; Ref: scu.521835

Hatefo Gmbh v Finanzamt Haldensleben: ECJ 27 Feb 2014

ECJ Judgment Of The Court – Reference for a preliminary ruling – Company law – Recommendation 2003/361/EC – Definition of micro, small and medium-sized enterprises – Types of enterprises taken into consideration in calculating staff numbers and financial amounts – Linked enterprises – Notion of ‘group of natural persons acting jointly’

C-110/13, [2014] EUECJ C-110/13
Bailii

European

Updated: 30 November 2021; Ref: scu.521826

Cartier Parfums-Lunettes And Axa Corporate Solutions Assurance v Ziegler France Sa: ECJ 27 Feb 2014

ECJ Judgment Of The Court – Request for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 27(2) – Lis pendens – Article 24 – Prorogation of jurisdiction – Establishment of jurisdiction of the court first seised by reason of appearance being entered without objection by the parties or the adoption of a final judgment

C-1/13, [2014] EUECJ C-1/13
Bailii
Regulation (EC) No 44/2001

European

Updated: 30 November 2021; Ref: scu.521819

Advance Magazine Publishers v OHMI – Nanso Group (Teen Vogue): ECFI 27 Feb 2014

ECFI Community trade mark – Opposition proceedings – Application for Community word mark TEEN VOGUE – Earlier national word mark VOGUE – Admissibility – Formulation of the form of order sought – Relative ground for refusal – Likelihood of confusion – Identity or similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register

D. Gratsias, P
T-509/12, [2014] EUECJ T-509/12
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European

Updated: 30 November 2021; Ref: scu.521816

A. M. Van Der Ham v College Van Gedeputeerde Staten Van Zuid-Holland: ECJ 27 Feb 2014

ECJ Judgment Of The Court – Common agricultural policy – Financing by the EAFRD – Support for rural development – Reduction or discontinuance of payments in the event of non-compliance with the rules on cross-compliance – Concept of intentional non-compliance

C-396/12, [2014] EUECJ C-396/12
Bailii

European, Agriculture

Updated: 30 November 2021; Ref: scu.521815

EZZ And Others v Council: ECFI 27 Feb 2014

ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Egypt – Freezing of funds – Legal basis – Obligation to state reasons – Error of fact – Rights of the defence – Right to effective judicial protection – Right to property – Freedom to conduct a business

O. Czucz, P
T-256/11, [2014] EUECJ T-256/11
Bailii

European

Updated: 30 November 2021; Ref: scu.521822

Federaal Agentschap Voor De Opvang Van Asielzoekers v Saciri and Others: ECJ 27 Feb 2014

ECJ Judgment Of The Court – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Article 13(1) – Time-limits for material reception conditions – Article 13(2) – Provisions on material reception conditions – Guarantees – Article 13(5) – Setting and grant of minimum reception conditions for asylum seekers – Size of the aid granted – Article 14 – Modalities for material reception conditions – Saturation of the reception facilities – Referral to national social protection systems – Provision of the material reception conditions in the form of financial allowances

C-79/13, [2014] EUECJ C-79/13
Bailii
Directive 2003/9/EC

European

Updated: 30 November 2021; Ref: scu.521823

Sean Sweeney, Graham Edward Camps v Macmillan Publishers Limited, Danis Rose: ChD 22 Nov 2001

The claimants were trustees of the estate of James Joyce, and complained at the publication of unpublished parts of the work Ulysses in a readers edition by the defendants. Published works are protected for fifty years after the author’s death, but unpublished works received protection for fifty years after the work was created. A European Directive had extended the protection to 70 years.
Held: The work was complex, with many amendments and an unsettled form. The defendant had done much preparatory work before publication, and that work had begun before the copyright was revived by the new regulations. Had he acquired his own copyright so that the original Joycean copyright was not revived by the new regulations. The claimants suggested that it was absurd to make a substantial distinction between the work as published by Joyce, and the unpublished texts from which that work was gathered. The regulations protected works where arrangements for publication had been made before the regulations came into effect. The term ‘arrangements for publication’ should be construed not too widely, and the defendant’s editorial activities were not sufficient to give him protection. The defendants sought a compulsory licence under regulation 24. In this case they had given sufficient notice to be entitled to a licence. The claimants sought damages for passing off, claiming that the work was so different from Joyce’s own as to be misleading. The claim was unusual but failed.

Mr Justice Lloyd
[2001] EWHC Ch 460
Bailii
Directive, 93/98/EEC, Duration of Copyright and Rights in Performances Regulations 1995 (SI 1995/3297) 24
England and Wales
Citing:
CitedInterlego AG v Tyco Industries Inc PC 5-May-1988
How much new material for new copyright
(Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new . .
CitedLA Gear Inc v Hi-Tec Sports plc 1992
The court considered at what point a work would constituted a finished work, and how this related to the copyright in earlier forms of the work: ‘If, in the course of producing a finished drawing, the author produces one or more preliminary . .
CitedCala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2) ChD 30-Oct-1995
A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something . .
CitedRobin Ray v Classic FM Plc PatC 18-Mar-1998
Contractor and Client Copyrights
The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract.
Held: A Joint authorship claim required that the contributor had made some direct . .
CitedBlack v Murray 1870
. .
CitedTaittinger and Others v Allbev Ltd and Another CA 30-Jun-1993
An injunction was granted to restrain the labelling of a sparkling fruit (Elderflower Champagne) non-alcoholic drink made in Surrey to include the word ‘champagne’. The trial judge had held that all the necessary ingredients for a successful passing . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, European

Updated: 30 November 2021; Ref: scu.166928

Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration.’ and ‘All judges, at whatever level, share certain common characteristics. They all must enjoy independence of decision without direction from any source, which the respondents quite rightly defended as an essential part of their work. They all need some organisation of their sittings, whether it be prescribed by the president of the industrial tribunals or the Court Service, or more loosely arranged in collegiate fashion between the judges of a particular court. They are all expected to work during defined times and periods, whether they be rigidly laid down or managed by the judges themselves with a greater degree of flexibility. They are not free agents to work as and when they choose, as are self-employed persons. Their office accordingly partakes of some of the characteristics of employment.’

Lord Chief Justice, Sir Robert Carswell
C-66/85, R-66/85, [1986] EUECJ R-66/85, [1986] ECR 2121, [1987] ICR 483
Bailii
Equal Treatment Directive (Council Directive 76/207/EEC
European
Cited by:
CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedBarry v London Borough of Southwark CA 19-Dec-2008
The claimant a citizen of the Netherlands, appealed against the refusal to grant him housing assistance. He had been unemployed save for taking casual work during the Wimbledon championships, but the Authority had denied that he was a worker. He had . .
CitedO’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
AppliedAllonby v Accrington and Rossendale College for Education and Employment ECJ 13-Jan-2004
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by . .
CitedJivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
CitedClyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
CitedX v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
CitedClyde and Co LLP and Another v van Winkelhof SC 21-May-2014
Solicitor Firm Member was a Protected Worker
The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found . .

Lists of cited by and citing cases may be incomplete.

European, Discrimination, Legal Professions

Updated: 30 November 2021; Ref: scu.134064

Marks and Spencer Plc v Halsey (HM Inspector of Taxes): ChD 10 Apr 2006

Preliminary judgment.

Park J
[2006] EWHC 811 (Ch), 8 ITL Rep 1012, [2006] BTC 346, [2006] 3 CMLR 8, [2006] STC 1235, [2006] STI 1352
Bailii
Income and Corporation Taxes Act 1988
Citing:
See AlsoMarks and Spencer Plc v Halsey (Inspector of Taxes) 2003
Marks and Spencer Plc appealed against the refusal of group relief, on the ground that the statutory limitations on the territorial scope of group relief were incompatible with, and overridden by, Community law. The Special Commissioners dismissed . .
See AlsoMarks and Spencer Plc v Halsey (HM Inspector of Taxes) ChD 2-May-2003
Order requiring reference to ECJ. . .
At ECJMarks and Spencer v David Halsey (Inspector of Taxes) ECJ 13-Dec-2005
ECJ Articles 43 EC and 48 EC – Corporation tax – Groups of companies – Tax relief – Profits of parent companies – Deduction of losses incurred by a resident subsidiary- Allowed – Deduction of losses incurred in . .

Cited by:
See AlsoMarks and Spencer plc v Halsey (Inspector of Taxes) ChD 10-Apr-2006
The court considered the implementation of the ECJ decision between the parties.
Held: The matter was to be remitted to the Special Commissioners. The ‘no possibilities’ test referred to in the ECJ’s judgment required an analysis of the . .
See AlsoHalsey (HM Inspector of Taxes) v Marks and Spencer Plc CA 20-Feb-2007
The inspector appealed against a decision granting group relief to the taxpayer a UK resident company for losses by a group company in another European state.
Held: The appeal was denied. To refuse group relief in these circumstances would be . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 30 November 2021; Ref: scu.521602

Marks and Spencer Plc v Halsey (HM Inspector of Taxes): ChD 2 May 2003

Order requiring reference to ECJ.

Park J
[2003] EWHC 1945 (Ch)
Bailii
Citing:
See AlsoMarks and Spencer Plc v Halsey (Inspector of Taxes) 2003
Marks and Spencer Plc appealed against the refusal of group relief, on the ground that the statutory limitations on the territorial scope of group relief were incompatible with, and overridden by, Community law. The Special Commissioners dismissed . .

Cited by:
See AlsoMarks and Spencer v David Halsey (Inspector of Taxes) ECJ 13-Dec-2005
ECJ Articles 43 EC and 48 EC – Corporation tax – Groups of companies – Tax relief – Profits of parent companies – Deduction of losses incurred by a resident subsidiary- Allowed – Deduction of losses incurred in . .
See AlsoMarks and Spencer plc v Halsey (Inspector of Taxes) ChD 10-Apr-2006
The court considered the implementation of the ECJ decision between the parties.
Held: The matter was to be remitted to the Special Commissioners. The ‘no possibilities’ test referred to in the ECJ’s judgment required an analysis of the . .
See AlsoMarks and Spencer Plc v Halsey (HM Inspector of Taxes) ChD 10-Apr-2006
Preliminary judgment. . .
See AlsoHalsey (HM Inspector of Taxes) v Marks and Spencer Plc CA 20-Feb-2007
The inspector appealed against a decision granting group relief to the taxpayer a UK resident company for losses by a group company in another European state.
Held: The appeal was denied. To refuse group relief in these circumstances would be . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 30 November 2021; Ref: scu.521601

Re M (A Child): CA 21 Feb 2014

The court dealt with points of principle relating to how the courts in England and Wales determine family cases that involve nationals of other countries, in particular Member States of the European Union and for that reason, permission to appeal was granted by Mostyn J in accordance with CPR 52.3(6) (b).
Sir James Munby P said: ‘The language of article 15 is clear and simple. It requires no gloss.’ and ‘As Lady Hale observed in Re I, para 36, . . the task for the judge under article 15, ‘will not depend upon a profound investigation of the child’s situation and upbringing but upon the sort of considerations which come into play when deciding upon the most appropriate forum’.’
He continued: ‘I wish to emphasise that the question of whether the other court will have available to it the full list of options available to the English court – for example, the ability to order a non-consensual adoption – is simply not relevant to either the second or the third question. As Ryder LJ has explained, by reference to the decisions of the Supreme Court in In re I (A Child) (Contact Application: Jurisdiction) [2009] UKSC 10; [2010] 1 AC 319 and of this court in In re T (A Child) (Care Proceedings: Request to Assume Jurisdiction) [2013] EWCA Civ 895, [2014] Fam 130, the question asked by article 15 is whether it is in the child’s best interests for the case to be determined in another jurisdiction, and that is quite different from the substantive question in the proceedings, ‘what outcome to these proceedings will be in the best interests of the child?’.’

Sir James Munby P, Lewison, Ryder LJJ
[2014] EWCA Civ 152, [2014] WLR(D) 92, [2014] 2 FLR 1372, [2014] Fam Law 966, [2014] 2 FCR 585
Bailii, WLRD
England and Wales
Cited by:
EmphasisedRe N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .

Lists of cited by and citing cases may be incomplete.

Children, European

Updated: 30 November 2021; Ref: scu.521497

Sanders Adour and Guyomarc’h Orthez v Directeur des services fiscaux des Pyrenees-Atlantiques: ECJ 11 Jun 1992

Community law, and in particular the machinery of the common agricultural policy laid down for the cereals sector in, inter alia, Regulation No 2727/75 on the common organization of the market in cereals, precludes a Member State from levying a charge on a limited number of agricultural products over a prolonged period where that charge is likely to encourage economic agents to alter the structure of their production or consumption. It is for the national court to determine whether the charge at issue in a dispute before it has had such effects.
A parafiscal charge imposed on a basic product constitutes a charge having equivalent effect to a customs duty prohibited by Article 12 of the Treaty, when the charge is definitively levied on the importation of certain products, whereas it is reimbursed where those products are manufactured on the national territory, or when the revenue from it is entirely used for the benefit of domestic products only, thereby fully offsetting the charge imposed on those products. If that revenue is allocated in part to those benefits, thus offsetting only partly the burden borne by domestic products, the charge in question constitutes discriminatory taxation prohibited by Article 95 of the Treaty.
The fact that a parafiscal charge imposed on a basic product is reimbursed on the manufacture of derived products within national territory, whilst it is levied definitively on the importation of those derived products, or the revenue from it is used for the benefit of domestic products only, thereby offsetting the charge imposed on those products, may constitute State aid incompatible with the common market if the conditions for the application of Article 92 are met; that assessment falls within the competence of the Commission in accordance with the procedure laid down for that purpose in Article 93 of the Treaty.

C-149/91, [1992] EUECJ C-149/91, [1992] ECR I-3899
Bailii
European
Cited by:
CitedBloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .

Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 30 November 2021; Ref: scu.160719

Yellow Cab Verkehrsbetriebs: ECJ 22 Dec 2010

ECJ Freedom to provide services – Freedom of establishment – Competition rules – Cabotage transport operations – National transportation of persons by bus service – Application to operate a service – Licence – Authorisation – Conditions – Requirement of a seat or permanent establishment in the national territory – Reduction of income compromising the profitability of a service already licensed

K. Lenaerts, P
[2010] EUECJ C-338/09, [2011] 2 CMLR 23
Bailii

European, Road Traffic

Updated: 29 November 2021; Ref: scu.521398

EMI Group v The Commissioners for Her Majesty’s Revenue and Customs: ECJ 30 Sep 2010

ECJ Sixth VAT Directive – Second sentence of Article 5(6) – Concept of ‘samples’ – Concept of ‘gifts of small value’ – Recorded music – Distribution free of charge for promotional purposes

K Lenaerts, P
[2010] EUECJ C-581/08, C-581/08
Bailii
Citing:
OpinionEMI Group v The Commissioners for Her Majesty’s Revenue and Customs ECJ 15-Apr-2010
ECJ (Opinion) Sixth VAT Directive Article 5(6) – Gifts of small value – Samples – Definition – Recorded music – Distribution free of charge for promotional purposes. . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 29 November 2021; Ref: scu.521397

X v Y: ECJ 21 Dec 2011

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Special measure for early taking of evidence – Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear a witness

JN Cunha Rodrigues P
[2011] EUECJ C-507/10
Bailii
Citing:
OpinionX v Y ECJ 20-Oct-2011
ECJ (Opinion) Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Hearing of minors as witnesses – Incident probation – Refusal of . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 November 2021; Ref: scu.521196

Frucona Kosice AS v European Commission: ECJ 24 Jan 2013

ECJ Appeal – State aid – Cancellation of 65% of a tax debt in a collective bankruptcy procedure – Decision declaring the aid to be incompatible with the internal market and ordering its recovery – Private creditor test – Limits of judicial review – Substitution by the General Court of its own grounds for those set out in the contested decision – Manifest error of assessment – Distortion of evidence

A Rosas P
[2013] EUECJ C-73/11
Bailii
Citing:
OpinionFrucona Kosice AS v European Commission ECJ 6-Sep-2012
ECJ Opinion – Appeals – Competition – State aid – Article 87(1) EC – Concept of State aid – Test of a private creditor in a market economy – Partial remission of a tax debt in the context of an arrangement . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 November 2021; Ref: scu.521197

YKK And Others v European Commission: ECJ 12 Feb 2014

ECJ (Advocate Generals Opinion) Appeal – Cartels – Markets for zip fasteners and other fasteners, and also for attaching machines – Successive liabilities – Legal upper limit of the fine – Regulation (EC) No 1/2003 – Article 23(2) – Concept of ‘undertaking’ – Personal responsibility – Principle of proportionality – Multiplier for deterrence

Wathelet AG
C-408/12, [2014] EUECJ C-408/12, [2014] EUECJ C-408/12
Bailii, Bailii
Regulation (EC) No 1/2003

European, Commercial

Updated: 29 November 2021; Ref: scu.521195

Martin Blomqvist v Rolex Sa: ECJ 6 Feb 2014

ECJ Reference for a preliminary ruling – Regulation No 1383/2003 – Measures to prevent counterfeit or pirated goods being placed on the market – Article 2 – Scope of the Regulation – Private sale by internet of a counterfeit watch from a non – member country to an individual residing in a Member State – Seizure of the watch by the customs authorities on entry into the territory of the Member State – Lawfulness of seizure – Conditions – Conditions relating to infringement of intellectual property rights – Directive 2001/29/EC – Article 4 – Distribution to the public – Directive 2008/95/EC – Article 5 – Regulation (EC) No 207/2009 – Article 9 – Use in the course of trade

R. Silva de Lapuerta, P
C-98/13, [2014] EUECJ C-98/13
Bailii
Regulation No 1383/2003, Directive 2001/29/EC, Directive 2008/95/EC, Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 29 November 2021; Ref: scu.521189

Parliament v Council: ECJ 30 Jan 2014

ECJ Opinion – Agreement between the European Union and the Republic of Mauritius on the conditions of transfer of suspected pirates from the European Union-led naval force to the Republic of Mauritius – Common foreign and security policy (CFSP) – Area of freedom, security and justice – Development cooperation – Choice of legal basis – Article 218(6) and (10) TFEU)

Bot AG
C-658/11, [2014] EUECJ C-658/11, [2012] EUECJ C-658/11 – CO
Bailii, Bailii

European

Updated: 29 November 2021; Ref: scu.521183

Directeur Geecral Des Douanes Et Droits Indirects v Humeau Beaupreau Sas: ECJ 6 Feb 2014

ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Chapter 64 – Import of components required for the manufacture of sports footwear – Heading 6404 – Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials – Heading 6406 – Parts of footwear – General Rule 2(a) for the Interpretation of the Combined Nomenclature – Incomplete or unfinished article having the ‘essential character of the complete or finished article’ – Article ‘presented unassembled or disassembled’ – Explanatory Note for the interpretation of the Harmonised System – Assembly operations and not ‘working operations for completion into the finished state’

A. Borg Barthet P
C-2/13, [2014] EUECJ C-2/13
Bailii

European

Updated: 29 November 2021; Ref: scu.521184

Diakite v Commissaire General Aux Refugies et aux apatrides: ECJ 30 Jan 2014

ECJ Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Person eligible for subsidiary protection – Article 15(c) – Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict – ‘Internal armed conflict’ – Interpretation independent of international humanitarian law – Criteria for assessment

C-285/12, [2014] EUECJ C-285/12
Bailii
Directive 2004/83/EC

European

Updated: 29 November 2021; Ref: scu.521178

European Platform Against Windfarms v European Commission: ECFI 21 Jan 2014

ECFI Action for annulment – Legal person governed by private law – Absence of proof of existence in law – Article 44(5)(a) of the Rules of Procedure of the General Court – Manifest inadmissibility

M.E. Martins Ribeiro, P
T – 168/13, [2014] EUECJ T – 168/13
Bailii

European, Litigation Practice

Updated: 29 November 2021; Ref: scu.521179

E. On Global Commodities Se v Agentia Nationala De Administrare Fiscala: ECJ 6 Feb 2014

ECJ Directive 79/1072/EEC – Common system of value added tax – Taxable persons residing in another Member State – Rules for refund of VAT – Taxable persons designating a tax representative in accordance with provisions of national law preceding accession to the European Union – Precluded – Meaning of ‘taxable person not established in the territory of the country’ – Condition of not being established – Condition of no supply of goods or services – Supplies of electricity to taxable dealers – Directive 2006/112/EC – Article 171

A. Rosas P
C-323/12, [2014] EUECJ C-323/12
Bailii
Directive 79/1072/EEC, Directive 2006/112/EC

European, VAT

Updated: 29 November 2021; Ref: scu.521185

BP Products North America Inc v Council of The European Union: ECFI 16 Jan 2014

ECFI Dumping – Subsidies – Imports of biodiesel originating in the United States – Circumvention – Article 13 of Regulation (EC) No 1225/2009 – Article 23 of Regulation (EC) No 597/2009 – Slightly modified like product – Legal certainty – Misuse of powers – Manifest errors of assessment – Obligation to state reasons – Equal treatment – Principle of sound administration

T – 385/11, [2014] EUECJ T – 385/11
Bailii
Regulation (EC) No 1225/2009 13, Regulation (EC) No 597/2009 823

European

Updated: 29 November 2021; Ref: scu.521177

Helm Dungemittel Gmbh v Hauptzollamt Krefeld: ECJ 6 Feb 2014

ECJ Request for a preliminary ruling – Customs union and Common Customs Tariff – Euro – Mediterranean Agreement with Egypt – Article 20 of Protocol 4 – Proof of origin – Movement certificate EUR.1 – Replacement movement certificate EUR.1 issued at a time when the goods were no longer under the control of the issuing customs authority – Refusal to apply preferential treatment

M. Ilesic, P
C-613/12, [2014] EUECJ C-613/12
Bailii

European

Updated: 29 November 2021; Ref: scu.521186

Aloe Vera Of America, Inc v Office For Harmonisation In The Internal Market (Trade Marks And Designs) (Ohim), v Detimos – Gestao Imobiliaria, Sa: ECFI 16 Jan 2014

ECFI Community trade mark – Opposition proceedings – Application for the Community figurative mark FOREVER – Earlier national figurative mark 4 EVER – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009

T – 528/11, [2014] EUECJ T – 528/11
Bailii
Regulation (EC) No 207/2009

European

Updated: 29 November 2021; Ref: scu.521176

Generalbundesanwalt beim Bundesgerichtshof v Afrasiabi, Sahabi, Kessel: ECJ 21 Dec 2011

ECJ Common foreign and security policy – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Regulation (EC) No 423/2007 – Article 7(3) and (4) – Supply and installation of a sintering furnace in Iran – Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation – Concept of ‘circumvention’ of the prohibition on making that resource available

K Lenaerts P
[2011] EUECJ C-72/11, C-72/11
Bailii
Regulation (EC) No 423/2007
Citing:
OpinionGeneralbundesanwalt beim Bundesgerichtshof v Afrasiabi, Sahabi, Kessel ECJ 16-Nov-2011
afrasiabiECJ2011
ECJ (Opinion) Common foreign and security policy – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Regulation (EC) No 423/2007 – Article 7, paragraphs 3 and 4 – . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 November 2021; Ref: scu.521150

Swiss Confederation v Commission: ECJ 7 Mar 2013

ECJ Appeal – External relations – Agreement between the European Community and the Swiss Confederation on air transport – Regulation (EEC) No 2408/92 – Access of Community air carriers to intra-Community air routes – Articles 8 and 9 – Scope – Exercise of traffic rights – Decision 2004/12/EC – German measures relating to the approaches to Zurich Airport – Duty to state reasons – Non-discrimination – Proportionality – Burden of proof

C-547/10, [2013] EUECJ C-547/10
Bailii
Regulation (EEC) No 2408/92
Citing:
OpinionSwiss Confederation v Commission ECJ 13-Sep-2012
ECJ Opinion – Appeal – Actions for annulment – Swiss Confederation – Admissibility – Locus standi – Examination of the Court’s own motion – EC-Switzerland Agreement on Air Transport – Objectives of the agreement . .

Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 29 November 2021; Ref: scu.521108

Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Koln-Mitte: ECJ 29 Mar 2007

ECJ Freedom of establishment – Corporation tax – Immediate offsetting of losses incurred by parent companies – Losses stemming from write-downs to the book value of shareholdings in subsidiaries established in other Member States

CWA Timmermans, P
C-347/04, [2007] EUECJ C-347/04
Bailii
Citing:
OpinionRewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Koln-Mitte ECJ 31-May-2006
ECJ (Opinion) Tax legislation – Corporation tax – Offsetting of losses by parent companies – Losses due to a fall in the value of shares held in subsidiaries established in other Member States . .

Lists of cited by and citing cases may be incomplete.

European, Corporation Tax

Updated: 29 November 2021; Ref: scu.521105

Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 7 Feb 2014

The Claimants challenge decisions of the Defendant in relation to the regional allocation of EU Structural Funds for the period 2014 – 2020.

Stewart J
[2014] EWHC 232 (Admin), [2014] BLGR 389
Bailii

Local Government, European

Updated: 29 November 2021; Ref: scu.521078

DMC v Finanzamt Hamburg-Mitte (Judgment of The Court): ECJ 23 Jan 2014

Taxation – Corporation tax – Transfer of an interest in a partnership to a capital company – Book value – Value as part of a going concern – Agreement on the prevention of double taxation – Immediate taxation of unrealised capital gains – Different treatment – Restriction on free movement of capital – Preserving the balanced allocation of powers to impose taxes between the Member States – Proportionality

C-164/12, [2014] EUECJ C-164/12, [2014] BTC 16, [2014] 2 CMLR 47, ECLI:EU:C:2014:20, [2014] STC 1345
Bailii

European, Corporation Tax

Updated: 29 November 2021; Ref: scu.520796

X Bv v Staatssecretaris van Financien: ECJ 23 Jan 2014

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

Rosas P
C-380/12, [2014] EUECJ C-380/12
Bailii

European

Updated: 29 November 2021; Ref: scu.520800

Sintax Trading v Maksu ja Tolliameti Pohja maksu ja tollikeskus (Advocate Generals Opinion): ECJ 28 Jan 2014

ECJ Customs action against goods suspected of infringing intellectual property rights – Regulation (EC) No 1383/2003 – Article 13(1) – Competent authority to conduct proceedings to determine whether an intellectual property right has been infringed – Competence of the customs authorities to initiate proceedings to determine whether an intellectual property right has been infringed – Article 47 of the Charter of Fundamental Rights of the European Union

Cruz Villalon AG
C-583/12, [2014] EUECJ C-583/12
Bailii
Regulation (EC) No 1383/2003 13(1)

European, Customs and Excise, Intellectual Property

Updated: 29 November 2021; Ref: scu.520799

Synthon v Merz Pharma Gmbh and Co Kg: ECJ 28 Jul 2011

ECJ Patent law – Medicinal products – Supplementary protection certificate for medicinal products – Regulation (EEC) No 1768/92 – Article 2 – Scope – Safety and efficacy testing laid down by Directive 65/65/EEC – Absence – Invalidity of the certificate

J.N. Cunha Rodrigues, P
C-195/09, [2011] EUECJ C-195/09, [2012] RPC 3
Bailii
Regulation (EEC) No 1768/92 2, Directive 65/65/EEC
Citing:
Statement of QuestionsSynthon v Merz Pharma Gmbh and Co Kg ECJ 15-Aug-2009
ECJ Statement of questions referred (Patents) . .
OpinionSynthon v Merz Pharma Gmbh and Co Kg ECJ 31-Mar-2011
ECJ Opinion – Regulation No 1768/92 – Supplementary protection certificate – Conditions for its grant – Concept of first marketing authorisation . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 29 November 2021; Ref: scu.520762

Synthon v Merz Pharma Gmbh and Co Kg: ECJ 31 Mar 2011

ECJ Opinion – Regulation No 1768/92 – Supplementary protection certificate – Conditions for its grant – Concept of first marketing authorisation

Mengozzi AG
[2011] EUECJ C-195/09 – O
Bailii
Regulation No 1768/92
Citing:
Statement of questionsSynthon v Merz Pharma Gmbh and Co Kg ECJ 15-Aug-2009
ECJ Statement of questions referred (Patents) . .

Cited by:
OpinionSynthon v Merz Pharma Gmbh and Co Kg ECJ 28-Jul-2011
ECJ Patent law – Medicinal products – Supplementary protection certificate for medicinal products – Regulation (EEC) No 1768/92 – Article 2 – Scope – Safety and efficacy testing laid down by Directive 65/65/EEC – . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 29 November 2021; Ref: scu.520761

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

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

[2008] EUECJ C-452/06, C-452/06
Bailii
Citing:
OpinionSynthon BV v The Licensing Authority of the Department of Health ECJ 10-Jul-2008
ECJ Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Abridged procedure – Essentially similar medicinal products – Principle of mutual recognition of a marketing . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 November 2021; Ref: scu.520768