Category: European

Skareby v Commission (Civil Service): ECJ 16 May 2012

ECJ Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior

[2012] EUECJ F-42/10
Bailii
Citing:
Order – Skareby v Commission (Civil Service) ECJ 6-Apr-2011
ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 05 January 2022; Ref: scu.554429

Oryzomyli Kavallas OEE and others v Commission of the European Communities: ECJ 24 Oct 1984

[1984] EUECJ C-160/84R
Bailii
Citing:
See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 16-Jul-1984
. .

Cited by:
See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 15-May-1986
Remission of import duties – General equitable provision in Article 13 of Council Regulation No 1430/79 of 2 July 1979. . .

Lists of cited by and citing cases may be incomplete.

European, Customs and Excise

Updated: 05 January 2022; Ref: scu.554213

SCK and FNK v Commission: ECJ 22 Oct 1997

ECJ Competition – Mobile cranes – Article 6 of the European Convention on Human Rights – Acting within a reasonable time – Certification system – Prohibition on hiring – Recommended rates – Internal rates – Fines

[1997] EUECJ T-18/96
Bailii
Citing:
See Also – SCK and FNK v Commission ECFI 4-Jun-1996
ECJ Competition – Payment of fines – Bank guarantee – Application for interim measures – Suspension of operation of a measure. . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 05 January 2022; Ref: scu.554199

Oryzomyli Kavallas OEE and others v Commission of the European Communities: ECJ 15 May 1986

Remission of import duties – General equitable provision in Article 13 of Council Regulation No 1430/79 of 2 July 1979.

[1986] EUECJ C-160/84
Bailii
Citing:
See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 16-Jul-1984
. .
See Also – Oryzomyli Kavallas OEE and others v Commission of the European Communities ECJ 24-Oct-1984
. .

Lists of cited by and citing cases may be incomplete.

European, Customs and Excise

Updated: 05 January 2022; Ref: scu.554214

Verus v OHMI – Joie International (Mirus): ECFI 28 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark MIRUS – Earlier national word mark MIRUS – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009

T-576/13, [2015] EUECJ T-576/13, ECLI:EU:T:2015:810
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.554144

Xenakis v Commission: ECJ 29 Oct 2015

ECJ Judgment – Public service – Officials – Early retirement from office – starting age at retirement – business extension request – Article 52, second paragraph of the statute – Refusal to extend the period of activity – Interest of the service

F-52/15, [2015] EUECJ F-52/15
Bailii

European

Updated: 05 January 2022; Ref: scu.554145

Freistaat Bayern v Verlag Esterbauer: ECJ 29 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Legal protection of databases – Directive 96/9/EC – Article 1(2) – Scope – Databases – Topographic maps – Independence of materials constituting a database – Possibility of separating those materials without affecting the value of their informative content – Account taken of the purpose of a topographic map for the user

C-490/14, [2015] EUECJ C-490/14
Bailii
Directive 96/9/EC 1(2)

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.554143

Rot Front v OHMI – Rakhat (Maska): ECFI 28 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark ??c?? – Unregistered earlier national figurative mark ??c?? – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 – Application by OHIM of national law

H Kanninen, P
T-96/13, [2015] EUECJ T-96/13, ECLI:EU:T:2015:813
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.554141

Saudacor v Fazenda Publica: ECJ 29 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Article 13(1) – Treatment as a non-taxable person – Concept of ‘body governed by public law’ – Limited company which is responsible for the provision of services in respect of the planning and management of the health service of the Autonomous Region of the Azores – Determination of the detailed arrangements for those services, including their remuneration, in programme agreements concluded between that company and that region

C-174/14, [2015] EUECJ C-174/14
Bailii

European, VAT

Updated: 05 January 2022; Ref: scu.554142

Lithuania v Commission: ECFI 29 Oct 2015

ECJ Judgment -Community support program for pre-accession measures for agriculture and rural development in the applicant countries of Central and Eastern Europe (Sapard) – Financing by the Union of certain expenditure incurred by Lithuania – Decision requiring the Commission of Lithuania reimbursement of part of the amount paid – Article 9, paragraph 1 of Regulation (EC) No 1268/1999 – Referral to the principles established by Regulation (EC) No 1258/1999 – Scope the multiannual financing agreement relating to Sapard – Sincere cooperation

T-110/13, [2015] EUECJ T-110/13
Bailii

European

Updated: 05 January 2022; Ref: scu.554136

Hammar Nordic Plugg v Commission: ECFI 28 Oct 2015

ECJ Judgment (Extracts) – State aid – sales and leasing of land and a production unit – Decision declaring the aid incompatible with the common market and ordering its recovery – No tendering procedure – Determination of the market price – Criterion of the market economy investor – Effect on trade between Member States

T-253/12, [2015] EUECJ T-253/12, ECLI:EU:T:2015:811
Bailii

European

Updated: 05 January 2022; Ref: scu.554134

Giuntoli v OHMI – Societe Des Produits Nestle (Cremeria Toscana): ECFI 29 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark CREMERIA TOSCANA – Earlier international figurative mark la Cremeria – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-256/14, [2015] EUECJ T-256/14
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.554133

Al-Faqih And Others v Commission: ECFI 28 Oct 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban – Freezing of funds – Fundamental rights – Right to effective judicial protection

T-134/11, [2015] EUECJ T-134/11, ECLI:EU:T:2015:812
Bailii

European

Updated: 05 January 2022; Ref: scu.554127

Direct Way And Direct Way Worldwide v Parliament: ECFI 29 Oct 2015

ECJ Judgment – Public service contracts – Tender procedure – Transport for Members of European Parliament – Decision to declare unsuccessful and close the tender procedure and to initiate a negotiated procedure – Award of contract to another bid – Equal treatment – Substantial change in initial conditions of contract

T-126/13, [2015] EUECJ T-126/13
Bailii

European

Updated: 05 January 2022; Ref: scu.554131

Editions Quo Vadis v OHMIi – Gomez Hernsndez (‘Quo Vadis’): ECFI 29 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark ‘QUO VADIS’ – Earlier national word mark QUO VADIS – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009

T-517/13, [2015] EUECJ T-517/13
Bailii
Regulation (EC) No 207/2009 8(5)

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.554132

Commission v Belgium: ECJ 29 Oct 2015

ECJ Judgment – Failure to fulfill obligations – Freedom to provide services – Free movement of capital – Interest relating to claims not represented by securities – Withholding tax – such beneficial interests Investment Companies established in Belgium – Investment Companies beneficiaries of such established interests in another Member State or in a third State party to the EEA Agreement – Difference in treatment – Burden of proof – Interest relating to receivables represented by securities of Belgian origin – Imposition of such interests when the securities are registered or enrolled account with a financial institution established in another Member State or in a third State party to the EEA Agreement – Exemption when the securities are deposited or credited to an account with a financial institution established in Belgium

C-589/14, [2015] EUECJ C-589/14
Bailii

European

Updated: 05 January 2022; Ref: scu.554130

Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: ECJ 9 Feb 1999

Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and women was substantial.

Times 25-Feb-1999, C-167/97, [1999] IRLR 253, [1999] ICR 447, [1999] ECR I-623, [1999] EUECJ C-167/97
Bailii
EC Treaty 119
European
Citing:
Reference from – Regina v Secretary of State for Employment, ex parte Seymour Smith (1) HL 13-Mar-1997
The House referred to the European Court the question of whether the extension of the minimum period of employment before employment rights were acquired, was discriminatory. . .
Returned to – Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2) HL 17-Feb-2000
Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from . .
Cited – Inge Nolte v Landesversicherungsanstalt Hannover ECJ 14-Dec-1995
Europa Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is . .

Cited by:
Cited – Chief Constable of Avon and Somerset Constabulary v Chew EAT 27-Sep-2001
The Constabulary appealed against a decision that they were guilty of indirect sex discrimination, as regards the way they had implemented part time working and shift duties. The parties differed as the pool of employees from which the comparison . .
Returned from – Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2) HL 17-Feb-2000
Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from . .
Applied – Secretary of State for Trade and Industry v Rutherford and Another; Same v Bentley EAT 2-Oct-2003
The claimants sought to challenge the legislation which removed their employment rights upon attaining the age of 65, arguing that this was discriminatory against men. The Secretary of State appealed the tribunal’s decision.
Held: The tribunal . .
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Rutherford and Another v Secretary of State for Trade and Industry CA 3-Sep-2004
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy.
Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – 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 . .
Cited – Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust CA 21-Dec-2005
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay.
Held: To constitute a single source for the purpose of article 141, it is not . .

Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 05 January 2022; Ref: scu.162113

Portnov v Council: ECFI 26 Oct 2015

ECJ Judgment – Foreign and Security Policy – Restrictive measures in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name – Proof the merits of inclusion on the list

T-290/14, [2015] EUECJ T-290/14, ECLI:EU:T:2015:806
Bailii

European

Updated: 05 January 2022; Ref: scu.553922

Bundesagentur fur Arbeit – Familienkasse Sachsen v Trapkowski: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 67 – Regulation (EC) No 987/2009 – Article 60(1) – Payment of family benefits where parents are divorced – Definition of the ‘person concerned’ – Law of a Member State providing for the payment of family benefits to the parent who has taken the child into his household – Residence of that parent in another Member State – Failure of that parent to claim family benefits – Possibility of entitlement of the other parent to claim those family benefits

C-378/14, [2015] EUECJ C-378/14, ECLI:EU:C:2015:720
Bailii
Regulation (EC) No 883/2004 67, Regulation (EC) No 987/2009 60(1)

European, Benefits

Updated: 05 January 2022; Ref: scu.553722

Vimeo v OHMI – Pt Comunicacoes (Vimeo): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark VIMEO – Earlier Community figurative mark meo – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No coexistence of the marks – Likelihood of confusion

T-96/14, [2015] EUECJ T-96/14, ECLI:EU:T:2015:799
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553725

Trekstor v OHMI – MSI Technology (Moviestation): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark MovieStation – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7, paragraph 1 b) and c) of Regulation (EC) No 207/2009 – Article 52 of Regulation No 207/2009

T-636/13, [2015] EUECJ T-636/13, ECLI :EU:T:2015:801
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553724

Grupo Hospitalario Quiron v Departamento de Sanidad del Gobierno Vasco: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 2004/18/EC ruling – Article 23(2) – Management of public health services – Provision of health services under the remit of public hospitals in private establishments – Requirement that the services be provided in a particular municipality

C-552/13, [2015] EUECJ C-552/13, ECLI:EU:C:2015:713
Bailii
Directive 2004/18/EC

European

Updated: 05 January 2022; Ref: scu.553709

Trekstor v OHIM (Smarttv Station): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – Application for Community word mark SmartTV Station – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7, paragraph 1 b) and c) of Regulation (EC) No 207/2009 – Article 7, paragraph 3 of Regulation No 207/2009

T-649/13, [2015] EUECJ T-649/13 French Text
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553723

Skatteverket v Hedqvist: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 2(1)(c) and 135(1)(d) to (f) – Services for consideration – Transactions to exchange the ‘bitcoin’ virtual currency for traditional currencies – Exemption

C-264/14, [2015] EUECJ C-264/14, ECLI:EU:C:2015:718
Bailii

European, VAT

Updated: 05 January 2022; Ref: scu.553711

New Media Online GmbH v Bundeskommunikationssenat: ECJ 21 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2010/13/EU – Concepts of ‘programme’ and ‘audiovisual media service’ – Determination of the principal purpose of an audiovisual media service – Comparability of the service to television broadcasting – Inclusion of short videos in a section of a newspaper’s website available on the Internet

C-347/14, [2015] EUECJ C-347/14, ECLI:EU:C:2015:709, [2015] WLR(D) 419
Bailii, WLRD
Directive 2010/13/EU

European, Media

Updated: 05 January 2022; Ref: scu.553716

Hewlett Packard Development Company v OHIM (Elitepad): ECFI 22 Oct 2015

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

T-470/14, [2015] EUECJ T-470/14, ECLI:EU:T:2015:795
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553713

Petco Animal Supplies Stores v OHMI – Gutierrez Ariza (Petco): ECFI 21 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark PETCO – Earlier Community figurative mark PETCO – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – Suspension of the administrative proceedings – Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 – Plea which does not support the form of order sought – Prohibition on ruling ultra petita – Inadmissibility

T-664/13, [2015] EUECJ T-664/13, ECLI:EU:T:2015:791
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553718

Oil Turbo Compressor v Council: ECFI 23 Oct 2015

ECJ Judgment – Action for annulment – Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Time limit for action – Lateness – Inadmissibility – Claim for damages – Inadmissible

T-552/13, [2015] EUECJ T-552/13, ECLI:EU:T:2015:805
Bailii

European

Updated: 05 January 2022; Ref: scu.553717

Impresa Edilux and SICEF v Assessorato Beni Culturali e Identita Siciliana: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Grounds for exclusion from participation in a tendering procedure – Contract falling below the threshold of application of that directive – Fundamental rules of the FEU Treaty – Declaration of acceptance of a legality protocol on combating criminal activity – Exclusion for failure to lodge such a declaration – Whether permissible – Proportionality

C-425/14, [2015] EUECJ C-425/14, ECLI:EU:C:2015:721
Bailii
Directive 2004/18/EC

European

Updated: 05 January 2022; Ref: scu.553715

Hansen v OHIM (Win365): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – Application for Community word mark WIN365 – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

T-264/14, [2015] EUECJ T-264/14, ECLI:EU:T:2015:803
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553710

Volkswagen v OHIM (Choice): ECFI 22 Oct 2015

ECJ Judgment – Community trade mark – Application for Community word mark CHOICE – mark consisting of an advertising slogan – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

T-431/14, [2015] EUECJ T-431/14, ECLI:EU:T:2015:793
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553726

Thomas Cook Belgium NV v Thurner Hotel GmbH: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EC) No 1896/2006 – European order for payment procedure – Late statement of opposition – Article 20(2) – Application for review of the European order for payment – Objection to the jurisdiction of the court of origin – European order for payment wrongly issued having regard to the requirements laid down in the regulation – Not ‘clearly’ wrongly issued – No ‘exceptional’ circumstances

C-245/14, [2015] EUECJ C-245/14, ECLI:EU:C:2015:715
Bailii
Regulation (EC) No 1896/2006

European

Updated: 05 January 2022; Ref: scu.553721

I Castellani v OHMI – Chomarat (Representation D’Un Cercle): ECFI 23 Oct 2015

ECFI Judgment – Community trade mark – Revocation procedure – Figurative mark representing a circle – Genuine use of a mark – Extent of use – Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 – Shape which differs by elements which do not alter the distinctive character of the mark – Rights of the defence – Article 75 of Regulation No 207/2009

T-137/14, [2015] EUECJ T-137/14, ECLI:EU:T:2015:798
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553714

Aannemingsbedrijf Aertssen And Aertssen Terrassements v VSB Machineverhuur BV: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 1 – Scope – Complaint seeking to join a civil action to proceedings – Article 27 – Lis pendens – Proceedings brought before a court of another Member State – Ongoing judicial investigation – Article 30 – Time when a court is deemed to be seised

C-523/14, [2015] EUECJ C-523/14, ECLI:EU:C:2015:722
Bailii

European

Updated: 05 January 2022; Ref: scu.553697

AQ v Commission: ECJ 21 Oct 2015

ECJ Judgment – Public service – Officials – Regulation No 45/2001 – personal data processing obtained for private purposes – Administrative Investigation – Disciplinary proceedings – Rights of the defense – Duty to state reasons – Disciplinary measure – Proportionality

F-57/14, [2015] EUECJ F-57/14, http://www.bailii.org/eu/cases/EUECJ/2015/F5714.html
Bailii
Regulation No 45/2001

European, Information

Updated: 05 January 2022; Ref: scu.553700

Gogova v Ilia Dimitrov Iliev: ECJ 21 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Scope – Article 1(1)(b) – Attribution, exercise, delegation, restriction or termination of parental responsibility – Article 2 – Concept of parental responsibility – Dispute between parents on travel by their child and the issue of a passport to the child – Prorogation of jurisdiction – Article 12 – Conditions – Acceptance of the jurisdiction of the courts seised – Non-appearance of the defendant – Jurisdiction not contested by the defendant’s legal representative appointed by the courts seised of their own motion

C-215/15, [2015] EUECJ C-215/15
Bailii

European

Updated: 05 January 2022; Ref: scu.553708

Bonney v OHMI – Bruno (Atheist): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark ATHEIST – Earlier national word mark athe – Relative ground for refusal – Article 8(1)(b) and (2) of Regulation (EC) No 207/2009

T-714/14, [2015] EUECJ T-714/14, ECLI:EU:T:2015:802
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553702

Ac-Treuhand v Commission: ECJ 22 Oct 2015

ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – European tin stabiliser and ESBO/esters heat stabiliser markets – Article 81(1) EC – Scope – Consultancy firm not operating on the relevant markets – Definition of ‘agreement between undertakings’ and ‘concerted practice’ – Calculation of the amount of fines – The 2006 Guidelines on the method of setting fines – Unlimited jurisdiction

C-194/14, [2015] EUECJ C-194/14, ECLI:EU:C:2015:717
Bailii

European

Updated: 05 January 2022; Ref: scu.553698

Calida v OHMI – Quanzhou Green Garments (Dadida): ECFI 23 Oct 2015

ECJ Judgment – Community trade mark – International registration designating the European Community – Figurative mark dadida – Earlier Community word mark CALIDA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009

T-597/13, [2015] EUECJ T-597/13
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553703

BGW Beratungs-Gesellschaft Wirtschaft v Bodo Scholz: ECJ 22 Oct 2015

Judgment – Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Further grounds for refusal or invalidity – Word mark – Same letter sequence as an earlier trade mark – Addition of a descriptive word combination – Existence of a likelihood of confusion

C-20/14, [2015] EUECJ C-20/14, ECLI:EU:C:2015:714
Bailii
Directive 2008/95/EC

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553701

Council v Simpson: ECFI 22 Oct 2015

ECJ Judgment – Appeals – Civil service – Officials – Advancement in grade – Classification in grade – Decision not to award the person concerned grade AD 9 after he had passed a grade AD 9 open competition – Distortion of the eviden

T-130/14, [2015] EUECJ T-130/14, ECLI:EU:T:2015:796
Bailii

European

Updated: 05 January 2022; Ref: scu.553704

Easypay And Finance Engineering v Ministerski savet na Republika Bulgaria: ECJ 22 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Money order service – Directive 97/67/EC – Scope – National legislation granting an exclusive right to provide a money order service – State aid – Economic activity – Services of general economic interest

C-185/14, [2015] EUECJ C-185/14, ECLI:EU:C:2015:716
Bailii
Directive 97/67/EC

European

Updated: 05 January 2022; Ref: scu.553705

Enosi Mastichoparagogon v OHMIi – Gaba International (Elma): ECFI 22 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark ELMA – Earlier Community word mark ELMEX – Refusal to register – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-309/13, [2015] EUECJ T-309/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European

Updated: 05 January 2022; Ref: scu.553706

Wolverine International v OHMI – BH Stores (Cushe): ECFI 15 Oct 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – International registration designating the European Community – Figurative mark cushe – Earlier national word mark SHE and figurative mark she – Relative ground for refusal – Genuine use of the earlier mark – Article 57(2) and (3) of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009

T-642/13, [2015] EUECJ T-642/13, ECLI:EU:T:2015:781
Bailii
Regulation No 207/2009 8(1)(b) 57(2) 57(3)
European

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553624

McGeough, Regina v: SC 21 Oct 2015

(Northern Ireland) The appellant had been injured in a gunfight with a policemen. He was later convicted for attempted murder, but escaped and fled the country. He applied for asylum in Sweden saying that he was a member of the IRA. He now appealed against a subsequent conviction for membership of the IRA which had been based on the evidence of that application.
Held: There was no explicit requirement that information disclosed in such an application remain confidential: ‘Neither of the specific provisions of the Directive that the appellant has prayed in aid supports the proposition that its overall purpose was to encourage candour by ensuring general confidentiality for information supplied in support of an application for asylum. The Directive in fact makes precise provision for the circumstances in which confidentiality should be maintained. It would therefore be clearly inconsistent with the framework of the Directive to imply a general charter of confidentiality for such material.’ and 2Neither the terms of the Directive nor the circumstances in which material would have been dealt with, if obtained in the United Kingdom, impinged on the manner in which the trial judge was required to approach his decision under article 76 of PACE. There was nothing that was intrinsic to that material nor in the circumstances in which it was provided that would support the conclusion that its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The judge was plainly right to refuse the application.’

Lord Neuberger, President, Lord Kerr, Lord Hughes, Lord Toulson, Lord Hodge
[2015] 1 WLR 4612, UKSC 2013/0248, [2015] UKSC 62
Bailii Summary, Bailii, SC, SC Summary
Council Directive 2005/85/EC 22, Police and Criminal Evidence Act 1986 76
Northern Ireland
Citing:
Appeal from – Mcgeough, R v CANI 7-May-2013
The defendant appealed against his convictions, inter alia, for membership of a proscribed organisation. He said that the judge should not have admitted in evidence his application for asylum in Sweden which had included his declaration of . .

Lists of cited by and citing cases may be incomplete.

Criminal Evidence, European

Updated: 05 January 2022; Ref: scu.553629

Nike European Operations Netherlands v Sportland Oy: ECJ 15 Oct 2015

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Articles 4 and 13 – Insolvency proceedings – Detrimental legal acts – Action for restitution of payments made before the date on which insolvency proceedings were opened – Law of the Member State in which insolvency proceedings were opened – Law of the Member State governing the legal act at issue – Law not allowing ‘any means of challenging that act in the relevant case’ – Burden of proof

C-310/14, [2015] EUECJ C-310/14
Bailii
Regulation (EC) No 1346/2000 4 13

European, Insolvency

Updated: 05 January 2022; Ref: scu.553621

European Union v Axa Belgium SA: ECJ 15 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Officials – Staff Regulations – Articles 73, 78 and 85a – Traffic accident – National law establishing strict liability – Subrogation of the European Union – Concept of a ‘third party’ – Autonomous concept of EU law – Concept covering any person required, under national law, to pay compensation for the damage suffered by the victim or those entitled under him – Benefits not definitively payable by the European Union

C-494/14, [2015] EUECJ C-494/14, ECLI:EU:C:2015:692
Bailii

European

Updated: 05 January 2022; Ref: scu.553607

Intrasoft International v Commission: ECFI 13 Oct 2015

ECJ (Judgment) Public service contracts – Tendering procedure – Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system – Conflict of interests – Rejection of a tenderer’s bid by the Delegation of the European Union to the Republic of Serbia – Implicit rejection of the complaint against the rejection of the bid

T-403/12, [2015] EUECJ T-403/12, ECLI:EU:T:2015:774
Bailii
European

European

Updated: 05 January 2022; Ref: scu.553620

Direktor na Agentsia ‘Mitnitsi’ v Biovet: ECJ 15 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Article 27(1)(d) – Exemption from the harmonised excise duty – Ethyl alcohol – Use for cleaning and disinfection of equipment and facilities used for the production of medicines)

C-306/14, [2015] EUECJ C-306/14, ECLI:EU:C:2015:689
Bailii
Directive 92/83/EEC 27

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553609

Teughels v Commission: ECFI 13 Oct 2015

ECJ Judgment – Appeal – Cross-appeal – Staff case – Officials – Pensions – Transfer of national pension rights – annuity bonus offers – Measure not having an adverse – Inadmissibility of the action at first instance – Article 11, paragraph 2 of Schedule VIII status

T-131/14, [2015] EUECJ T-131/14, ECLI: EU: T: 2015: 778
Bailii
European

European

Updated: 05 January 2022; Ref: scu.553623

Commission v Germany: ECJ 15 Oct 2015

ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 11 – Directive 2010/75/EU – Industrial emissions (integrated pollution prevention and control) – Article 25 – Access to justice – Non-compliant national procedural rules

C-137/14, [2015] EUECJ C-137/14, ECLI:EU:C:2015:683
Bailii
Directive 2011/92/EU, Directive 2010/75/EU 11 25

European

Updated: 05 January 2022; Ref: scu.553611

Commission v Verile And Gjergji: ECFI 13 Oct 2015

ECJ (Judgment) Appeal – Cross-appeal – Staff case – Officials – Pensions – Transfer of national pension rights – annuity bonus offers – Measure not having an adverse – Inadmissibility of the action at first instance – Article 11, paragraph 2 of Schedule VIII thereto – Legal certainty – Legitimate expectations – Equal treatment

T-104/14, [2015] EUECJ T-104/14, ECLI:EU:T:2015:776, [2017] EUECJ T-104/14
Bailii, Bailii

European

Updated: 05 January 2022; Ref: scu.553613

Commission v Greece: ECJ 15 Oct 2015

ECJ (Judgment) Failure to fulfill obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum and penalty payment

C-167/14, [2015] EUECJ C-167/14, ECLI:EU:C:2015:684
Bailii
Directive 91/271/EEC

European, Environment

Updated: 05 January 2022; Ref: scu.553612

Commission v Cocchi and Falcione: ECFI 13 Oct 2015

Judgment – Appeal – Cross-appeal – Staff case – Officials – Pensions – Transfer of national pension rights – annuity bonus offers – Measure not having an adverse – Inadmissibility of the action at first instance – Article 11, paragraph 2 of Schedule VIII status

T-103/13, [2015] EUECJ T-103/13, ECLI:EU:T:2015:777
Bailii

European

Updated: 05 January 2022; Ref: scu.553610

Covaci: ECJ 15 Oct 2015

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Right to interpretation and translation in criminal proceedings – Language of the proceedings – Penalty order imposing a fine – Possibility of lodging an objection in a language other than the language of the proceedings – Directive 2012/13/EU – Right to information in criminal proceedings – Right to be informed of the charge – Service of a penalty order – Procedures – Mandatory appointment by the accused person of person authorised to accept service – Period for lodging an objection running from service on the person authorised to accept service

C-216/14, [2015] EUECJ C-216/14, ECLI:EU:C:2015:686
Bailii
Directive 2010/64/EU

European

Updated: 05 January 2022; Ref: scu.553614

FT v AEMF: ECJ 8 Oct 2015

ECJ (Judgment) – Civil service – Member of the temporary staff – Accounting Officer – Non-renewal of a fixed term contract – Competent authority – Manifest error of assessment – Burden of proof – Rule of correspondence between the application and the complaint

F-39/14, [2015] EUECJ F-39/14, ECLI:EU:F:2015:117
Bailii

European

Updated: 05 January 2022; Ref: scu.553617

Debonair Trading Internacional v OHIM: ECJ 15 Oct 2015

ECJ (Judgment) Appeal – Community trade mark – Regulation No 40/94 – Article 8(1)(b) – Application for Community word mark SO:UNIC – Earlier national and Community word marks SO . . ?, SO . . ? ONE, SO . . ? CHIC – Relative grounds for refusal – Likelihood of confusion – Family of marks

C-270/14, [2015] EUECJ C-270/14, ECLI:EU:C:2015:688
Bailii

European, Intellectual Property

Updated: 05 January 2022; Ref: scu.553616

DD v FRA: ECJ 8 Oct 2015

ECJ (Judgment) Civil service – FRA staff – Member of the temporary staff – Career development report – Internal appeal – Accusations of discrimination – Accusations of victimisation within the meaning of Directive 2000/43 – Administrative enquiry – Disciplinary proceedings – Disciplinary penalty – Reprimand – Articles 2, 3, and 11 of Annex IX to the Staff Regulations – Termination of a contract of indefinite duration – Article 47(c)(i) of the CEOS – Right to be heard – Article 41(2)(a) of the Charter of Fundamental Rights of the European Union

F-106/13, [2015] EUECJ F-106/13
Bailii
Directive 2000/43

European

Updated: 05 January 2022; Ref: scu.553615

Grupo Itevelesa And Others v OCA Inspeccion Tecnica de Vehiculos SA: ECJ 15 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 51 TFEU – Freedom of establishment – Directive 2006/123/EC – Scope – Services in the internal market – Directive 2009/40/EC – Access to vehicle roadworthiness testing activities – Exercise by a private body – Activities connected with the exercise of official authority – Prior authorisation scheme – Overriding reasons relating to the public interest – Road safety – Territorial distribution – Minimum distance between roadworthiness testing centres – Maximum market share – Justification – Whether appropriate for the purpose of achieving the objective pursued – Coherence – Proportionality

C-168/14, [2015] EUECJ C-168/14, ECLI:EU:C:2015:685
Bailii
Directive 2006/123/EC, Directive 2009/40/EC

European

Updated: 05 January 2022; Ref: scu.553618

Iglesias Gutierrez and Another v Bankia SA and Others: ECJ 15 Oct 2015

Judgment -(Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – Financial crisis – Aid to the financial sector – Compatibility of aid with the internal market – Decision of the European Commission – Financial entity undergoing restructuring – Dismissal of an employee – National rules concerning the levels of redundancy payments

C-352/14, [2015] EUECJ C-352/14, ECLI:EU:C:2015:691
Bailii

European

Updated: 05 January 2022; Ref: scu.553619

Promarc Technics v OHMI – PIS (Piece De Porte): ECFI 15 Oct 2015

ECJ Judgment – Community design – Invalidity proceedings – Registered Community design representing a door room – Drawing or former international model consists of a US patent – Ground for invalidity – No individual character – No different overall impression of – Proof public disclosure of prior design – specialized media of the sector – Informed user – Degree of freedom of the designer – Article 6, Article 7, paragraph 1 and Article 25 paragraph 1 b) of Regulation (EC) No 6/2002

T-251/14, [2015] EUECJ T-251/14, ECLI: EU: T: 2015 780
Bailii

European

Updated: 05 January 2022; Ref: scu.553622

The Test Claimants In The FII Group Litigation v The Commissioners of Inland Revenue and Another: ChD 14 Oct 2015

Henderson J
[2015] EWHC 2883 (Ch)
Bailii
England and Wales
Cited by:
At ChD – Franked Investment Income Group Litigation, The Test Claimants In v Revenue and Customs CA 24-Nov-2016
. .
At ChD – Littlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European, Costs

Updated: 04 January 2022; Ref: scu.553500

Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014

Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations.
Held: The suspension of implementation shold stay: ‘where there is a serious argument, on which the court will very soon be able to adjudicate, that the proposed arrangements for administering the TFC scheme are unlawful because of the failure to hold a tender, such detriment to the public interest as will result from the delay involved in resolving this issue cannot in my view justify bypassing the question of legality and allowing the scheme to be introduced in a potentially unlawful way.’

Leggatt J
[2014] EWHC 3555 (QB)
Bailii
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Cited by:
See Also – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .
At first instance (1) – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
At first Instance (1) – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Administrative, European

Updated: 04 January 2022; Ref: scu.553270

The English Bridge Union Ltd v Revenue and Customs: UTTC 23 Jul 2015

UTTC VAT – exemption for supplies of certain services closely linked to sport or physical education – article 132(1)(m), Principal VAT Directive – entry fees for duplicate bridge tournaments – whether contract or duplicate bridge is a ‘sport’ within the meaning of article 132(1)(m) – reference to CJEU

[2015] UKUT 401 (TCC)
Bailii
England and Wales

VAT, European

Updated: 04 January 2022; Ref: scu.553187

Rosian Express v OHIM (Forme D’Une Boite De Jeu): ECFI 8 Oct 2015

ECFI Judgment – Community trade mark – Application for a three-dimensional Community trade mark – Shape of a games box – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Right to be heard – Article 75 of Regulation No 207/2009

T-547/13, [2015] EUECJ T-547/13, ECLI:EU:T:2015:769
Bailii
Regulation (EC) No 207/2009

European

Updated: 04 January 2022; Ref: scu.553142

Italy v Commission: ECFI 8 Oct 2015

Judgment – EAFRD – Clearance of accounts of the paying agencies of Member States as regards expenditure financed by the EAFRD – Decision declaring a non-reusable amount under the rural development plan of the Basilicata region – Article 30 of Regulation (EC ) No 1290/2005 – Obligation to state reasons

T-358/13, [2015] EUECJ T-358/13
Bailii
Regulation (EC ) No 1290/2005

European

Updated: 04 January 2022; Ref: scu.553140

Czech Republic v Commission: ECFI 8 Oct 2015

ECJ Judgment – Transport – Directive 2010/40 / EU – Intelligent Transportation Systems – Delegated Regulation (EU) No 885/2013 – provision of information services for safe and secure parking places for trucks and commercial vehicles – Article 3, paragraph 1, Article 8 and Article 9 paragraph 1 a) of Regulation No 885/2013 delegate – Delegated Regulation (EU) No 886/2013 – Data and procedures for the provision of universal minimum information traffic related to the free road safety for users – Article 5, paragraph 1, Article 9 and Article 10 paragraph 1 a) of Regulation No 886/2013 delegate

T-659/13, [2015] EUECJ T-659/13
Bailii

European

Updated: 04 January 2022; Ref: scu.553139

Nestle v OHIM (Nourishing Personal Health): ECFI 8 Oct 2015

ECJ Judgment – Community trade mark – International registration designating the European Community – Word mark NOURISHING PERSONAL HEALTH – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 – Obligation on OHIM to examine the facts of its own motion – Article 76(1) of Regulation No 207/2009

T-336/14, [2015] EUECJ T-336/14, ECLI:EU:T:2015:770
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.553141

Jurasinovic v Council: ECFI 7 Oct 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents exchanged with the International Criminal Tribunal for the former Yugoslavia at trial – Decision taken following the partial annulment by the Court’s decision Initial – Partial refusal of access – Exception relating to the protection of international relations ‘

T-658/14, [2015] EUECJ T-658/14
Bailii
European

European

Updated: 04 January 2022; Ref: scu.553128

The Tea Board v OHMI – Delta Lingerie (Darjeeling): ECFI 2 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Figurative mark Darjeeling – Earlier Community collective word and figurative marks DARJEELING – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009

T-627/13, [2015] EUECJ T-627/13, ECLI:EU:T:2015:740
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.553107

Technion and Technion Research and Development Foundation v Commission: ECFI 6 Oct 2015

ECJ Judgment- Financial aid – Sixth framework research, technological development and demonstration – Recovery of sums paid by the Commission in the framework of a research contract application of the findings of a financial audit – Compensation Claims – Partial Reclassification the action – Application for a declaration that the lack of a contractual claim – Arbitration clause – Eligible costs – Unjust enrichment – Obligation to state reasons

T-216/12, [2015] EUECJ T-216/12, ECLI:EU:T:2015:746
Bailii
European

European

Updated: 04 January 2022; Ref: scu.553108

Weltimmo sro v Nemzeti Adatvedelmi es Informacioszabadsag Hatosag: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 4(1) and 28(1), (3) and (6) – Controller who is formally established in a Member State – Impairment of the right to the protection of personal data concerning natural persons in another Member State – Determination of the applicable law and the competent supervisory authority – Exercise of the powers of the supervisory authority – Power to impose penalties

ECLI:EU:C:2015:639, C-230/14, [2015] EUECJ C-230/14
Bailii
Directive 95/46/EC

European, Information

Updated: 04 January 2022; Ref: scu.552882

Skerdjan Celaj: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Return decision accompanied by an entry ban of three years’ duration – Breach of an entry ban – Third-country national previously removed – Sentence of imprisonment in case of new unlawful entry into the national territory – Compatibility

L. Bay Larsen (Rapporteur), P
ECLI:EU:C:2015:640, C-290/14, [2015] EUECJ C-290/14
Bailii
Directive 2008/115/EC

European, Immigration, Crime

Updated: 04 January 2022; Ref: scu.552872

Mocek And Wenta v OHMI – Lacoste (Kajman): ECFI 30 Sep 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark KAJMAN – Earlier Community figurative mark representing a crocodile – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Applications for annulment and alteration brought by the intervener – Article 134(3) of the Rules of Procedure of 2 May 1991

T-364/13, [2015] EUECJ T-364/13
Bailii

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.552863

OKG AB v Skatteverket: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2003/96/EC – Articles 4 and 21 – Directive 2008/118/EC – Directive 92/12/EEC – Article 3(1) – Scope – Rules of a Member State – Levying of a tax on the thermal power of nuclear reactors

ECLI:EU:C:2015:636, C-606/13, [2015] EUECJ C-606/13
Bailii
Directive 2008/118/EC, Directive 92/12/EEC, Directive 2003/96/EC

European, Taxes – Other, Utilities

Updated: 04 January 2022; Ref: scu.552877

Sequoia Capital Operations v OHMI – Sequoia Capital (Sequoia Capital): ECFI 30 Sep 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark SEQUOIA CAPITAL – Earlier Community word mark SEQUOIA – Relative ground for refusal – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Likelihood of confusion

T-369/14, [2015] EUECJ T-369/14, ECLI:EU:T:2015:733
Bailii

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.552864

Tilda Riceland Private Ltd v OHMI – Siam Grains (Basmali): ECFI 30 Sep 2015

Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark BASMALI – Earlier non-registered trade mark or earlier sign BASMATI – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009

T-136/14, [2015] EUECJ T-136/14, ECLI:EU:T:2015:734
Bailii

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.552865

The Tea Board v OHMI – Delta Lingerie (Darjeeling) T-624/13: ECFI 2 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Figurative mark Darjeeling – Earlier Community collective word and figurative marks DARJEELING – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009

ECLI:EU:T:2015:743, T-624/13, [2015] EUECJ T-624/13
Bailii
Regulation (EC) No 207/2009

European

Updated: 04 January 2022; Ref: scu.552880

Trijber (Judgment): ECJ 1 Oct 2015

Judgment – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Anti-suit injunction ‘of an arbitral tribunal, established in another Member State’ – Prohibition of litigation before a court of another Member State – arrangement, to restrict the applicant’s claims in court proceedings – jurisdiction of a court of another Member State, to refuse recognition of the arbitration award – Independent decision by a court of its jurisdiction with regard to a dispute falling within the scope of Regulation (EC) No 44/2001 -ensuring the primacy of Union law and the full effectiveness of Regulation No (EC) 44/2001

ECLI:EU:C:2015:641, C-340/14, [2015] EUECJ C-340/14
Bailii
Regulation (EC) No 44/2001

European

Updated: 04 January 2022; Ref: scu.552881

Bara And Others v Presedintele Casei Na?ionale de Asigurari de Sanatate: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Processing of personal data – Articles 10 and 11 – Data subjects’ information – Article 13 – Exceptions and limitations – Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body

ECLI:EU:C:2015:638, C-201/14, [2015] EUECJ C-201/14
Bailii
Directive 95/46/EC

European, Information

Updated: 04 January 2022; Ref: scu.552871

O v Bio Philippe Auguste SARL: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Principles of equal treatment and non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and 2(2)(a) – Difference in treatment on grounds of age – Whether situations comparable – Grant of a payment, on the expiry of a fixed-term employment contract, intended to compensate for insecurity – Exclusion of young people working during their school holidays or university vacations

J-C Bonichot P
C-432/14, [2015] EUECJ C-432/14
Bailii
ECLI:EU:C:2015:643

European

Updated: 04 January 2022; Ref: scu.552876

Volkswagen v OHIM (Ultimate): ECFI 30 Sep 2015

ECJ Judgment – Community trade mark – Application for Community word mark ULTIMATE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

T-385/14, [2015] EUECJ T-385/14, ECLI: EU: T: 2015 736
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.552866

Erste Bank Hungary Zrt v Attila Sugar: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts concluded between a seller or supplier and a consumer – Mortgage loan agreement – Article 7(1) – Stopping the use of unfair terms – Adequate and effective means – Acknowledgement of the debt – Notarised instrument – Affixation of the enforcement clause by a notary – Enforceable order – Notary’s obligations – Examination by the national court of its own motion of unfair terms – Judicial review – Principles of equivalence and effectiveness

M Ilesic P
ECLI:EU:C:2015:637, C-32/14, [2015] EUECJ C-32/14
Bailii
Directive 93/13/EEC 7(1)

European, Consumer, Contract

Updated: 04 January 2022; Ref: scu.552875

Anagnostak v Commission: ECFI 30 Sep 2015

Judgment – Institutional law – European Citizens’ Initiative – Economic and monetary policy – Non-payment of public debt – Consecration of the principle of state of necessity ‘- Refusal of registration – Powers of the Commission – Duty to state reasons

T-450/12, [2015] EUECJ T-450/12, ECLI: EU: T: 2015 739
Bailii

European

Updated: 04 January 2022; Ref: scu.552860

Electrabel and Dunamenti Eromu v Commission: ECJ 1 Oct 2015

ECJ Judgment – Appeal – State aid – Aid granted by the Hungarian authorities to certain electricity generators – Power purchase agreements concluded between a public undertaking and certain electricity generators – Decision declaring that aid incompatible with the common market and ordering its recovery – Meaning of ‘party’ capable of bringing an appeal before the Court – Accession of Hungary to the European Union – Date relevant to the assessment of the existence of aid – Concept of State aid – Advantage – Private investor test – Methodology for calculating the amount of aid

M Ilesic P
ECLI:EU:C:2015:642, C-357/14, [2015] EUECJ C-357/14
Bailii

European

Updated: 04 January 2022; Ref: scu.552874

Ecolab USA v OHIM (Greasecutter): ECFI 30 Sep 2015

ECJ Judgment – Community trade mark – International registration designating the European Community – Word mark GREASECUTTER – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)b) and (c) of Regulation (EC) No 207/2009

T-610/13, [2015] EUECJ T-610/13, ECLI:EU:T:2015:737
Bailii

European, Intellectual Property

Updated: 04 January 2022; Ref: scu.552861

Ministero della Salute v Doc Generici Srl: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Article 267 TFEU – Obligation to bring the matter before the Court of Justice – Approximation of laws – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Variation – Fees – Regulation (EC) No 297/95 – Regulation (EC) No 1234/2008 – Scope

ECLI:EU:C:2015:644, C-452/14, [2015] EUECJ C-452/14
Bailii
Regulation (EC) No 297/95, Regulation (EC) No 1234/2008

European

Updated: 04 January 2022; Ref: scu.552873