Regina v Southwark Crown Court ex parte Watts: CA 1991

A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the requirements of European Law and did not restrict his right of establishment. ‘In our judgment the scope of freedom of establishment is indicated by the provision of article [52] itself that it ‘shall include the right to take up and pursue activities as self employed persons . . under the conditions laid down for its own nationals by the law of the country where such establishment is effected . . ‘ There is nothing to suggest that nationals of other member States are not entitled to apply for and exercise licences on the same conditions as apply to the appellant. In so doing such nationals are not hindered by any prescribed conditions . . the provisions governing licence holders apply to all of them without distinction, and there is nothing to suggest they were adopted for discriminatory purposes . . On this topic [viz. discrimination by being disadvantaged] the judge was content to hold that `Provided a national of a member State can compete on equal terms for a stall’ there is no discrimination. We agree. The Act has no discriminatory effect, and is in our judgment not incompatible with Article 52.’

Judges:

Russell LJ

Citations:

Gazette 15-Jan-1992, (1991) 4 Admin LR 289

Statutes:

London County Council (General Powers) Act 1947 21, EC Treaty 30 34 52

Jurisdiction:

England and Wales

Citing:

CitedCouncil of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .

Cited by:

CitedRegina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure . .
Lists of cited by and citing cases may be incomplete.

Licensing, European

Updated: 25 May 2022; Ref: scu.88095

Regina v Her Majesty’s Treasury ex parte British Telecommunications Plc: Admn 14 Nov 1996

Citations:

[1996] EWHC Admin 228

Links:

Bailii

Statutes:

Utilities Supply and Works Contracts Regulations 1992

Cited by:

At first instanceCommissioners of Customs and Excise v British Telecommunications Plc HL 11-Feb-1999
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 25 May 2022; Ref: scu.136776

Regina v Independent Television Commission, ex parte TV Danmark 1 Ltd: HL 25 Jul 2001

A contract was proposed for the exclusive broadcast of the Danish national football team’s matches in the World Cup 2002, by pay-TV. The contract would violate Danish law, since an insufficient number of Danes would be able to access the pay-TV service. No offer to share the rights had been made. Permission was sought from the ITC who wished to refuse to consent to the grant of exclusive rights. The court held that it could properly have refused such a contract for a UK company, and a mere difference in nationality should not justify a difference in approach. The UK rules did not oblige the ITC to give consent, nor create any legitimate expectation that such consent would be given.

Judges:

Slynn of Hadley, Nolan, Hoffmann, Hutton, Hobhouse of Woodborough

Citations:

Times 27-Jul-2001, Gazette 06-Sep-2001, [2001] UKHL 42, [2001] Eu LR 741, [2001] 1 WLR 1604, [2001] EMLR 42, [2001] 3 CMLR 26

Links:

Bailii, House of Lords

Statutes:

Broadcasting Act 1996 101, Television without Frontiers Directive 89/552/EEC, EC Directive 97/36/EC, Television Broacasting Regulations 2000 (2000 No 54)

Jurisdiction:

England and Wales

Media, European

Updated: 25 May 2022; Ref: scu.136165

FMX Food Merchants Import Export Co Ltd v Revenue and Customs: SC 29 Jan 2020

This appeal concerns the meaning and effect of the phrase ‘Customs Debt’ in article 221(4) of the former Customs Code of the EU, contained in Council Regulation (EEC) No 2913/92. Customs duties may be due under ‘post-clearance demands’ and the Court now considered the time limits for such demands. The tax payer imported garlic, saying it was from Cambodia and exempt, but the respondent said they were from China and subject to duty. The taxpayer now said the demand was issued outside a three year time limit.

Judges:

Lord Reed, Lord Hodge, Lord Briggs, Lady Arden, Lord Kitchin

Citations:

[2020] UKSC 1, [2020] STC 363, [2020] 2 All ER 161, [2020] 1 WLR 757, [2020] WLR(D) 55, UKSC 2018/0218

Links:

Bailii, SC Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2019 Oct 14 am Video, SC 2019 Oct 14 pm Video

Jurisdiction:

England and Wales

Citing:

At FTTTxFMX Food Merchants Ltd v Revenue and Customs FTTTx 29-Nov-2013
FTTTx Customs duty – import of Chinese garlic, falsely declared as Cambodian in origin – late issue of post-clearance demand note for unpaid duty – whether the customs debt was the result of an act which, at the . .
At UTTCRevenue and Customs v FMX Food Merchants Import Export Co Ltd UTTC 10-Dec-2015
Customs Duty – import of Chinese garlic falsely declared as Cambodian origin – Customs Code Art 221 – customs debt resulting from a criminal act – post clearance demand issued after expiry of the three year period – no express provisions in UK law . .
Appeal fromFMX Food Merchants Import Export Co Ltd v HM Revenue and Customs CA 30-Oct-2018
Post-clearance demand for customs duty almost seven years after the taxpayer had imported garlic into the United Kingdom, which had been falsely declared to be of a certain origin, and just under four years after the customs became aware of the . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, European

Updated: 25 May 2022; Ref: scu.646807

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

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

Judges:

Laddie J

Citations:

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

Links:

Bailii

Cited by:

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

Intellectual Property, European

Updated: 23 May 2022; Ref: scu.135964

Philips Electronics Nv v Remington Consumer Products Limited: CA 5 May 1999

The court referred to the European Court of Justice the question of whether the arrangement of three heads on a razor was functional, and so was not capable of protection as a trade mark.

Judges:

Aldous LJ

Citations:

[1999] EWCA Civ 1340, [1999] RPC 809

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Referred toKoninklijke Philips Electronics NV v Remington Consumer Products Ltd ECJ 18-Jun-2002
The claimant developed a three headed rotary razor for men. They obtained registration of the arrangement as a trade mark. They sued the defendant for infringement, and the defendant countered challenging the validity of the registration, saying the . .
Appeal fromPhilips Electronics Nv v Remington Consumer Products Ltd ChD 2-Feb-1998
It was a misuse of Trade Mark legislation to seek permanently to prevent the use of a substantial engineering design idea which was underlying the mark for which protection was sought. The judge revocation of the registration of the claimant’s mark . .

Cited by:

Reference fromKoninklijke Philips Electronics NV v Remington Consumer Products Ltd ECJ 18-Jun-2002
The claimant developed a three headed rotary razor for men. They obtained registration of the arrangement as a trade mark. They sued the defendant for infringement, and the defendant countered challenging the validity of the registration, saying the . .
CitedKoninklijke Philips Electronics Nv v Remington Consumer Products Ltd and Another CA 26-Jan-2006
The court was asked whether a trade mark consisting of the shape of goods (a three headed rotary electric shaver) could be valid. In earlier proceedings a representation had been found incapable of registration representing only the function of the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 23 May 2022; Ref: scu.136041

Commission v Belgium: ECJ 19 Mar 1991

Europa Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement.
The introduction by a Member State in the pharmaceutical products sector of a system of programme contracts from which only national undertakings can benefit, and which, in return for commitments on investment, research, employment and exports, allows derogations to be granted from the general rules on price control and places the products that benefit from the system at an advantage as regards approval for reimbursement, constitutes an infringement of Article 30 of the Treaty. That system is such as to place imported products at a disadvantage and, therefore, constitutes a measure having an effect equivalent to a quantitative restriction prohibited by that provision.

Citations:

C-249/88, [1991] EUECJ C-249/88, [1991] ECR I-1275

Links:

Bailii

Cited by:

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

European

Updated: 23 May 2022; Ref: scu.134946

Commission v Greece: ECJ 6 Dec 1989

ECJ 1. According to well-established case-law, a Member State cannot plead provisions, practices or circumstances existing in its internal legal system in order to defend a failure to comply with obligations and time-limits laid down in Community directives.
2. If the Member State to which a reasoned opinion has been issued has not, by the end of the period which the Commission may lay down under the second paragraph of Article 169 of the Treaty, put an end to the failure of which it is accused, the Commission is at liberty to decide whether or not to bring the matter before the Court of Justice.

Citations:

C-329/88, [1989] EUECJ C-329/88

Links:

Bailii

European

Updated: 23 May 2022; Ref: scu.134973

Grifoni v EAEC: ECJ 5 Mar 1991

1. Oral orders cannot constitute a valid legal basis for the payment of work not included in the written contract concluded between an institution of the Communities and a supplier since such orders are precluded, first, by Article 50(1) of the Financial Regulation and the General Terms and Conditions applicable to the contract in question, which expressly state that all changes to the contract must be made by an additional act subject to the same conditions as the contract and that oral agreements are not binding on the parties, and secondly by the contract itself.
2. The application instituting the proceedings must contain a summary of the pleas in law on which the application is based and specify the nature of those pleas. An abstract statement of the pleas in law does not satisfy the requirements of the Statute or the Rules of Procedure of the Court of Justice.
3. When the Court derives its competence from an arbitration clause contained in a public or private contract it cannot consider a plea in law, such as undue enrichment, with a non-contractual basis.

Citations:

C-330/88, [1991] EUECJ C-330/88

Links:

Bailii

European

Updated: 23 May 2022; Ref: scu.134974

Dekker v Stichting Vormingscentrum Voor Jong Volwassenen: ECJ 8 Nov 1990

An employer is in direct contravention of the principle of equal treatment embodied in Articles 2(1) and 3(1) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions if he refuses to enter into a contract of employment with a female candidate whom he considers to be suitable for the job where such refusal is based on the possible adverse consequences for him of employing a pregnant woman, owing to rules on unfitness for work adopted by the public authorities, which assimilate inability to work on account of pregnancy and confinement to inability to work on account of illness. The fact that no man applied for the job is irrelevant.
Although Directive 76/207 gives the Member States, in penalizing infringement of the prohibition of discrimination, freedom to choose between the various solutions appropriate for achieving its purpose, it nevertheless requires that, where a Member State opts for a sanction forming part of the rules on civil liability, any infringement of the prohibition of discrimination suffices in itself to make the person guilty of it fully liable, and no regard may be had to the grounds of exemption envisaged by national law.

Citations:

C-177/88, R-177/88, [1990] EUECJ R-177/88

Links:

Bailii

Statutes:

Council Directive 76/207/EEC

Cited by:

CitedWebb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
CitedO’Neill v Governors of St Thomas More RC School and Another EAT 24-May-1996
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 23 May 2022; Ref: scu.134906

Atala Palmerini v Commission: ECJ 10 Oct 1989

ECJ The object of granting an expatriation allowance, which is independent of the fixing of the place of origin of the person concerned, is to compensate officials for the extra expense and inconvenience of taking up employment with the Communities and being thereby obliged to change their residence and move to the country of employment and to integrate themselves in their new environment . Furthermore, the concept of expatriation also depends on the personal position of an official, that is to say on the extent to which he is integrated in his new environment, which is demonstrated, for example, by habitual residence or by the main occupation pursued.
Consequently, the fact that an official was in the country of employment merely as a student during the first part of the reference period referred to in Article 4(1)(a) of Annex VII to the Staff Regulations is not sufficient to preclude his having habitually resided there, if, already being there at the start of that period, he has continued to reside there almost without interruption throughout, and even after the end of, that period.

Citations:

C-201/88, [1989] EUECJ C-201/88

Links:

Bailii

European

Updated: 23 May 2022; Ref: scu.134922

Commission v Ireland: ECJ 12 Jun 1990

ECJ In regard to exemptions from turnover tax and excise duty granted in respect of goods contained in travellers’ personal luggage, Member States retain only the restricted power conferred on them by Directive 69/169, as subsequently extended and amended . Since no provision is made in that directive for any derogation relating to the duration of journeys and the exemptions must be granted as soon as the traveller in question has had the opportunity to make purchases in another Member State, the application of those exemptions cannot be limited by a Member State to goods contained in the personal luggage of travellers arriving at its borders after a period of 48 hours outside its territory.

Citations:

C-158/88, [1990] EUECJ C-158/88

Links:

Bailii

European, Customs and Excise

Updated: 23 May 2022; Ref: scu.134889

Commission v Germany (Rec 1991,P I-825) (Judgment): ECJ 28 Feb 1991

Europa Measures adopted by the Community institutions – Directives – Implementation by the Member States – Implementation of a directive without legislative action – Conditions – Existence of a general legal context which guarantees full application of the directive – Mere administrative practices inadequate. Approximation of laws – Protection of groundwater – Directive 80/68 – Need for precise transposition by the Member States. Measures adopted by the institutions – Directives – Implementation by the Member States – Reliance on measures adopted by regional or local authorities – Permissibility – Limits.

Citations:

C-131/88, [1991] EUECJ C-131/88, [1991 ECR 1-825

Links:

Bailii

Cited by:

CitedVibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd CA 9-May-2006
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 23 May 2022; Ref: scu.134871

Greece v Council: ECJ 29 Mar 1990

Europa The need for a complete and consistent review of legality requires the first paragraph of Article 173 to be construed as not depriving the Court of jurisdiction to consider, in proceedings for the annulment of a measure based on a provision of the EEC Treaty, a submission concerning the infringement of a rule of the EAEC or ECSC Treaties. In the context of the organization of the powers of the Community, the choice of the legal basis for a measure, which may influence its content in so far as it determines the procedure to be followed for its adoption, must be based on objective factors which are amenable to judicial review. Although Article 190 of the Treaty compels a reference to the Commission’ s proposal in measures which may be adopted only on a proposal from the Commission, it does not thereby impose the obligation to indicate whether or not the measure in question is in conformity with that proposal. By subjecting the release for free circulation of certain agricultural products originating in non-member countries to compliance with maximum permitted levels of radioactive contamination, Regulation No 3955/87 pursues the aim of ensuring that agricultural products and processed agricultural products intended for human consumption and likely to be contaminated are introduced into the Community only according to common arrangements which safeguard the health of consumers, maintain, without having unduly adverse effects on trade between the Community and non-member countries, the unified nature of the market and prevent deflections of trade. It follows that, according to its objective and its content, the regulation seeks to regulate trade between the Community and non-member countries; accordingly it comes within the common commercial policy within the meaning of Article 113 of the EEC Treaty.

Citations:

C-62/88, [1990] EUECJ C-62/88

Links:

Bailii

European

Updated: 23 May 2022; Ref: scu.134832

Al-Jubail Fertilizer Company and Others v Council: ECJ 27 Jun 1991

ECJ The right to a fair hearing, as a principle of fundamental character, must be observed not only in administrative proceedings which may result in the imposition of penalties, but also in investigative proceedings such as those prior to the adoption of anti-dumping regulations which, despite their general scope, may directly and individually affect the undertakings concerned and entail adverse consequences for them.
So far as the defence against dumping practices is concerned, any action taken by the Community institutions must be all the more scrupulous in view of the fact that, as they stand at present, the rules in question do not provide all the procedural guarantees for the protection of the individual which may exist in certain national legal systems.
In performing their duty to provide information under Article 7(4)(b) of Regulation No 2176/84, the Community institutions must act with all due diligence by seeking to provide the undertakings concerned, as far as is compatible with the obligation not to disclose business secrets, with information relevant to the defence of their interests, choosing, if necessary on their own initiative, the appropriate means of providing such information. In any event, the undertakings concerned should have been placed in a position during the administrative procedure in which they could effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence presented by the Commission in support of its allegation concerning the existence of dumping and the resultant injury.
Although the information requested may, under Article 7(4)(c)(ii) of Regulation No 2176/84, be supplied in a purely oral manner, that possibility cannot release the Community authorities from their obligation to ensure that they have evidence enabling them, if necessary, to prove that such information was actually communicated.
While it is true that the amount of the definitive duty constitutes essential information, such is not the case with regard to the type of duty adopted and its method of calculation, if only because the choice between the various types of anti-dumping duties has in principle no effect on the final amount of that duty. The absence of such information cannot therefore be treated as infringing the right to a fair hearing.

Citations:

C-49/88, [1991] EUECJ C-49/88

Links:

Bailii

European

Updated: 23 May 2022; Ref: scu.134823

Commission v Greece: ECJ 21 Sep 1989

Europa 1. There is an inseparable link between the obligation to establish the Community’s own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest . The interest is payable regardless of the reason for the delay in making the entry in the Commission’ s account. 2. Where Community legislation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member State to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, whilst the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive . Moreover, the national authorities must proceed, with respect to infringements of Community law, with the same diligence as that which they bring to bear in implementing corresponding national laws.

Citations:

C-68/88, [1989] EUECJ C-68/88, [1989] ECR 2965

Links:

Bailii

Cited by:

CitedCommission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
CitedUK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another EAT 27-Sep-2007
The employer appealed against a protective award made for failing to consult the union on prospective redundancies.
Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 23 May 2022; Ref: scu.134836

Lopes Da Veiga v Staatssecretaris Van Justitie: ECJ 27 Sep 1989

Europa Article 216(1) of the Act of Accession of Portugal must be interpreted as meaning that the provisions relating to the holding of employment and equal treatment which are contained in Article 7 et seq . of Regulation No 1612/68 on freedom of movement for workers within the Community may be relied upon by a Portuguese national who, since a date prior to the accession of Portugal, has been carrying on an activity as an employed person on board a vessel flying the flag of another Member State and who has not been granted possession of a residence document for carrying on an activity as a employed person in the territory of that State, if the employment relationship has a sufficiently close connection with the territory of that Member State.
A Portuguese national who satisfies those conditions may rely on Article 4 of Directive 68/360 under which Member States are to grant the right of residence in their territory to workers from Member States and to their families moving within the Community.

Citations:

C-9/88, R-9/88, [1989] EUECJ R-9/88, [1989] ECR 2989

Links:

Bailii

Cited by:

CitedZalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 23 May 2022; Ref: scu.134789