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
ECJ Judgment – Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Article 9(1) – Article 13(1) – Taxable persons – Interpretation of the word ‘independently’ – Municipal body – Economic activities carried out by an organisational entity of a municipality other than as a public authority – Whether such an entity may be regarded as a ‘taxable person’ within the meaning of the provisions of Directive 2006/112 – Articles 4(2) and 5(3) TEU
V. Skouris, P
C-276/14, [2015] EUECJ C-276/14, ECLI:EU:C:2015:635
Bailii
European, VAT
Updated: 04 January 2022; Ref: scu.552800
ECJ Judgment – Community trade mark – Revocation proceedings – Community three-dimensional mark – Shape of a stove – Genuine use of the mark – Article 15, paragraph 1 a) and Article 51 paragraph 1 a) of Regulation (EC) No 207/2009 – Nature of use of the mark – Form differing in elements which do not alter the distinctive character
T-317/14, [2015] EUECJ T-317/14
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552750
ECJ Judgment – REACH – Inclusion of chromium trioxide in the list of substances subject to authorisation – Uses or categories of uses exempted from the authorisation requirement – Concept of ‘existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance’ – Manifest error of assessment – Proportionality – Rights of the defence – Principle of sound administration
T-360/13, [2015] EUECJ T-360/13, ECLI:EU:T:2015:695
Bailii
European
Updated: 04 January 2022; Ref: scu.552761
ECJ Community trade mark – Invalidity proceedings – Community word mark AINHOA – Earlier figurative Community and international brands NOA – Relative grounds for refusal – Likelihood of confusion – Article 8, paragraph 1 b) and paragraph 5 of Regulation (EC) No 207/2009
T-400/13, [2015] EUECJ T-400/13, ECLI:EU:T:2015:670
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552751
ECJ Judgment – State aid – Public service broadcasting – Decision declaring the aid compatible with the common market – Aid implemented by the Danish authorities in favor of the Danish public service broadcaster TV2 / Danmark – Government Funding granted to offset costs inherent in discharging the public service obligations – Concept of aid – Altmark judgment
T-674/11, [2015] EUECJ T-674/11, ECLI: EU: T: 2015: 684
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552760
ECJ Judgment – Public service – Officials – Action for damages – Non-contractual liability of the Union – Contents of an email sent by the administration to a retired official – Damage to the honor of the applicant – None – Transmission by officials representing the applicant’s personal data institution to its lawyer in proceedings before the Court – Infringement of Regulation No 45/2001 – false factual Affirmations
F-92/14, [2015] EUECJ F-92/14, ECLI:EU:F:2015:110
Bailii
European
Updated: 04 January 2022; Ref: scu.552763
Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark PROTICURD – Earlier national word marks PROTI and PROTIPLUS – Earlier national figurative mark Proti Power – Relative ground for refusal – Admissibility – Article 59 of Regulation (EC) No 207/2009 and Article 8(3) of Regulation (EC) No 216/96 – Obligation to state reasons – Article 75 of Regulation No 207/2009 – Genuine use of the earlier marks – Article 42(2) of Regulation No 207/2009 – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
D. Gratsias, P
T-382/14, [2015] EUECJ T-382/14, ECLI:EU:T:2015:686
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552758
ECJ Judgment – State aid – Public-service broadcasting – Decision declaring aid compatible with the internal market – Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark – Public funding granted to offset the costs involved in the performance of public-service obligations – Compatibility of aid – Judgment in Altmark
T-125/12, [2015] EUECJ T-125/12, ECLI:EU:T:2015:687
Bailii
European, Media
Updated: 04 January 2022; Ref: scu.552762
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark PRIMA KLIMA – Earlier Community figurative mark PRIMAGAZ – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of goods and services – Similarity of the signs – Distinctive character of a laudatory word element – conceptual comparison – Distinctive character of the earlier mark – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
G. Berardis (Rapporteur), P
T-195/14, [2015] EUECJ T-195/14, ECLI:EU:T:2015:681
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552756
ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Actions for annulment – Infra-State body – Locus standi and interest in bringing proceedings – Admissibility – Right to be heard – Obligation to notify – Obligation to state reasons – Rights of the defence – Manifest error of assessment – Right to property)
T-156/13, [2015] EUECJ T-156/13, ECLI:EU:T:2015:646
Bailii
European
Updated: 04 January 2022; Ref: scu.552679
ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Right to be heard – Obligation to state reasons – Rights of the defence – Manifest error of assessment – Proportionality – Right to property – Equal treatment and non-discrimination
T-428/13, [2015] EUECJ T-428/13
Bailii
European
Updated: 04 January 2022; Ref: scu.552671
ECJ Judgment – Public service contracts and supply contracts – Tender procedure – black and white multifunction devices and maintenance services – Rejection of a tender – Obligation to state reasons – Transparency
T-691/13, [2015] EUECJ T-691/13, ECLI:EU:T:2015:641
Bailii
European
Updated: 04 January 2022; Ref: scu.552680
ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Opinion of the Council’s legal service concerning proposals for a Directive and a Regulation of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation – Partial refusal of access – Exception relating to protection of legal advice – Exception relating to protection of the decision-making process
T-395/13, [2015] EUECJ T-395/13, ECLI:EU:T:2015:648
Bailii
Regulation (EC) No 1049/2001
European
Updated: 04 January 2022; Ref: scu.552675
Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22/EC – Article 28 – Access to numbers and to services – Non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers of the national regulatory authorities – Price control – Call transit services – National legislation requiring providers of telephone call transit services not to charge higher tariffs for calls to non-geographic numbers than for calls to geographic numbers – Undertaking without significant market power – Relevant national authority
C-85/14, [2015] EUECJ C-85/14, ECLI:EU:C:2015:610
Bailii
Directive 2002/22/EC, Directive 2002/19/EC
European
Updated: 04 January 2022; Ref: scu.552673
ECJ Judgment – Reference for a preliminary ruling – Telecommunications networks and services – Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC – Free circulation of terminal equipment for terrestrial mobile telecommunications – Directive 1999/5/EC – Tax on the use of equipment – General authorisation or licence for use – Subscription contract equivalent to a general authorisation or licence – Differential treatment of users depending on whether or not they have a subscription contract
C-416/14, [2015] EUECJ C-416/14
Bailii
European
Updated: 04 January 2022; Ref: scu.552668
ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Infra-State body – Locus standi – Interest in bringing proceedings – Admissibility – Error of assessment – Adjustment of the temporal effects of an annulment
T-5/13, [2015] EUECJ T-5/13, ECLI:EU:T:2015:644
Bailii
European
Updated: 04 January 2022; Ref: scu.552672
ECJ (Judgment) Appeals – Agriculture – Common organisation of the markets – Fruit and vegetable sector – Regulation (EC) No 1580/2007 – Article 52(2a) – Implementing Regulation (EU) No 543/2011 – Articles 50(3) and 60(7) – Aid to producer organisations – Products processed from fruit and vegetables – Flat rate covering certain processing operations – Eligibility of investments and actions connected with the processing – Actions for annulment – Admissibility – Whether directly concerned)
C-455/13, [2015] EUECJ C-455/13, ECLI:EU:C:2015:616
Bailii
European
Updated: 04 January 2022; Ref: scu.552662
ECJ Judgment – Foreign and Security Policy – Restrictive measures against Iran – Freezing of funds – Criterion provision of essential services to IRISL or entities that are its property under its control or acting on its behalf – Right to effective judicial protection – Obligation to state reasons – Manifest error of assessment – Right to property – Freedom business – Right to respect for family life – Proportionality
T-45/14, [2015] EUECJ T-45/14, ECLI:EU:T:2015:650
Bailii
European
Updated: 04 January 2022; Ref: scu.552670
ECJ Judgment – Foreign policy and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defense – Right to effective judicial protection – Error clear assessment – Proportionality – Right to property – Modulation effects in time of cancellation
T-121/13, [2015] EUECJ T-121/13, ECLI:EU T:2015 645
Bailii
European
European
Updated: 04 January 2022; Ref: scu.552678
ECJ Judgment – Agriculture – Common organization of the markets – Fruit and Vegetable Sector – National financial assistance granted to producer organizations – Implementing Decision of the Commission concerning the reimbursement by the Union to the national financial assistance granted by Hungary to its organizations producers – Article 103e of Regulation (EC) No 1234/2007 – Article 97 of Regulation (EC) No 1580/2007
T-346/12, [2015] EUECJ T-346/12, ECLI: EU: T: 2015 638
Bailii
European
European
Updated: 04 January 2022; Ref: scu.552385
ECJ Judgment – Failure of a Member State to fulfil obligations – Regulation (EC) No 883/2004 – Article 7 – Article 21 – Sickness benefit – Care allowance, assistance allowance and compensatory allowance for extra costs – Residence requirement
ECLI:EU:C:2015:602, C-433/13, [2015] EUECJ C-433/13
Bailii
Regulation (EC) No 883/2004 7 21
European, Benefits
Updated: 04 January 2022; Ref: scu.552383
Judgment – Reference for a preliminary ruling – Judicial cooperation in civil or commercial matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 8 – Refusal to accept the document – Failure to provide a translation of one of the documents served – Failure to use the standard form set out in Annex II to that regulation – Consequences
ECLI:EU:C:2015:603, C-519/13, [2015] EUECJ C-519/13
Bailii
Regulation (EC) No 1393/2007 8
European
Updated: 04 January 2022; Ref: scu.552381
ECJ Judgment – Appeal – Civil service – Temporary staff – Fixed-term contract – Decision not to renew – Article 8 first paragraph of the CEOS – Reclassification of a fixed-term contract into a contract of indefinite duration – Full jurisdiction
ECLI: EU: T: 2015 639, T-231/14, [2015] EUECJ T-231/14
Bailii
European
Updated: 04 January 2022; Ref: scu.552384
ECJ Judgment – Failure of a Member State to fulfil obligations – Regulation No 883/2004 – Article 7 – Old-age benefit – Christmas bonus – Residence requirement)
C-361/13, [2015] EUECJ C-361/13
Bailii
Regulation No 883/2004 7
European, Benefits
Updated: 04 January 2022; Ref: scu.552382
ECJ Judgment – Medicinal products for human use – Marketing authorisation for the generic medicinal product Zoledronic acid Hospira – zoledronic acid – Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid – Directive 2001/83/EC – Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 – Global marketing authorisation – Regulatory data protection period
T-67/13, [2015] EUECJ T-67/13
Bailii
European
European
Updated: 04 January 2022; Ref: scu.552373
ECJ Community trade mark – Opposition proceedings – Community figurative mark representing koalas – Earlier national marks KOALA-dimensional BAREN and earlier figurative KOALA – Genuine use of the mark – Article 42, paragraphs 2 and 3 of Regulation (EC) No 207/2009
T-483/12, [2015] EUECJ T-483/12, ECLI: EU: T: 2015 635
Bailii
European, Intellectual Property
Updated: 04 January 2022; Ref: scu.552371
Judgment – Medicinal products for human use – Marketing authorisation for the generic medicinal product Zoledronic acid Teva Pharma – zoledronic acid – Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid – Directive 2001/83/EC – Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 – Global marketing authorisation – Regulatory data protection period)
T-472/12, [2015] EUECJ T-472/12, ECLI:EU:T:2015:637
Bailii
European
European
Updated: 04 January 2022; Ref: scu.552372
ECJ Judgment – Public service contracts – Tender procedure – Conclusion of framework contracts – legal texts from English into French – Invitation to bid – Exclusion of a proposed subcontractor – professional capacity – Requirement of full legal training – Recognition of diplomas – Proportionality – Transparency
T-420/13, [2015] EUECJ T-420/13, ECLI: EU: T : 2015: 633
Bailii
European
Updated: 04 January 2022; Ref: scu.552369
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Organisation of working time – Point (1) of Article 2 – Concept of ‘working time’ – Workers who are not assigned a fixed or habitual place of work – Time spent travelling between the workers’ homes and the premises of the first and last customers
M Ilesic P
[2015] EUECJ C-266/14, ECLI:EU:C:2015:578
Bailii
Directive 2003/88/EC
Citing:
Opinion – Federacion De Servicios Privados Del Sindicato Comisiones Obreras v Tyco Integrated Security Sl ECJ 11-Jun-2015
ECJ Opinion – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Concept of ‘working time’ – Peripatetic workers – No fixed or habitual place of work – . .
Lists of cited by and citing cases may be incomplete.
European, Employment, News
Updated: 04 January 2022; Ref: scu.552331
ECJ Judgment – Review of the judgment of the General Court in Missir Mamachi di Lusignano v Commission (T-401/11 P, EU:T:2014:625) – Civil service – Non-contractual liability of the European Union based on the failure of an institution to fulfil its duty to ensure the protection of its officials – Deceased official – Material and non-material damage suffered by the official before his death – Material and non-material damage suffered by the family members of the official – Jurisdiction – General Court – European Union Civil Service Tribunal – Adverse effect on the unity of EU law
C-417/14, [2015] EUECJ C-417/14, ECLI:EU:C:2015:588
Bailii
European
Updated: 04 January 2022; Ref: scu.552187
ECJ Judgment – Reference for a preliminary ruling – Retired EU official who has, prior to entering the service, pursued an activity in an employed capacity in the Member State in which she is posted – Pension rights by virtue of the national pension scheme for employed persons – Occupational record unit – Refusal to pay the retirement pension for employed persons – Principle of sincere cooperation
C-408/14, [2015] EUECJ C-408/14, ECLI:EU:C:2015:591
Bailii
European
Updated: 04 January 2022; Ref: scu.552188
Judgment – Reference for a preliminary ruling – Directive 1999/13/EC – Annex IIB – Atmospheric pollution – Volatile organic compounds – Emission reductions – Use of organic solvents in certain activities and installations – Obligations applying to existing installations – Time extension
C-81/14, [2015] EUECJ C-81/14
Bailii
Directive 1999/13/EC
European
Updated: 04 January 2022; Ref: scu.552185
Judgment – Actions for annulment – Police and judicial cooperation in criminal matters – Europol – List of third States and organisations with which Europol is to conclude agreements – Determination of the legal basis – Legal framework applicable after the entry into force of the Treaty of Lisbon – Transitional provisions – Secondary legal basis – Distinction between legislative acts and implementing measures – Consultation of the Parliament – Initiative of a Member State or the Commission
C-363/14, [2015] EUECJ C-363/14, ECLI:EU:C:2015:579
Bailii
European
Updated: 04 January 2022; Ref: scu.552186
ECJ Opinion – Free movement of capital – Articles 56 EC, 57 EC and 58 EC – Inheritance tax – Deceased and heir resident in Switzerland – Direct investment – Investment in real estate – Standstill clause – Justification
Mengozzi AG
C-181/12, [2013] EUECJ C-181/12
Bailii
European
Cited by:
Opinion – Yvon Welte v Finanzamt Velbert ECJ 17-Oct-2013
Free movement of capital – Articles 56 EC to 58 EC – Inheritance tax – Deceased person and heir resident in a third country – Estate – Immovable property located in a Member State – Right to an allowance against the taxable value – Different . .
Lists of cited by and citing cases may be incomplete.
Inheritance Tax
Updated: 04 January 2022; Ref: scu.511019
ECFI Plan Language – Publication on the EPSO website a call for expressions of interest for the establishment of a database of candidates to be recruited as contract agents – Published in three languages – Articles 12 EC-290 EC and Article 82 of the CEOS – Regulation No. 1.
T-205/07, [2011] EUECJ T-205/07
Bailii
European
European
Updated: 04 January 2022; Ref: scu.428497
Europa Regulation (EC) No 2201/2003 Recognition of a judgment in divorce proceedings Application of the Regulation to a judgment given in a Member State which acceded to the EU in 2004 Jurisdiction in divorce proceedings Persons with dual nationality.
C-168/08, [2009] EUECJ C-168/08 – O, [2009] EUECJ C-168/08
Bailii, Bailii
European
European
Updated: 04 January 2022; Ref: scu.322756
ECJ Agriculture Common organisation of the markets Cheese Articles 16 to 18 of Regulation (EEC) No 3665/87 Differentiated export refunds Almost immediate re-exportation from the country of importation Evidence of abuse Recovery of payments wrongly made Second subparagraph of Article 3(1) of Regulation (EC, Euratom) No 2988/95 Continuous or repeated irregularity.
C-279/05, [2007] EUECJ C-279/05
Bailii
Regulation (EEC) No 3665/87
European
Citing:
Opinion – Vonk Dairy Products BV v Productschap Zuivel ECJ 7-Jun-2006
ECJ Opinion – the Court is asked to interpret provisions governing the recovery of refunds paid to support export outside the Community of milk products, (2) when those products have subsequently been re-exported . .
Lists of cited by and citing cases may be incomplete.
Agriculture
Updated: 04 January 2022; Ref: scu.247929
A transfer of a contract to provide business services, without the transfer of significant assets was not a transfer of an undertaking within the Directive. Nevertheless the transfer of tangible assets was only one factor among several.
Times 26-Mar-1997, C-13/95, [1997] IRLR 255, [1997] EUECJ C-13/95, [1997] ICR 662
Bailii
Council Directive 77/187/EEC
European
Cited by:
Cited – Greenhalf and Another v OCS Cleaning South Ltd and Another EAT 17-May-2001
The applicants worked for the first respondent cleaning a certain set of offices. The company lost the contract to the second respondent. They claimed that their had taken place a transfer of undertakings within the regulations. They appealed a . .
Cited – ADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations.
Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a . .
Cited – Ronald McLeod, James Welsh v Charles Bingram T/Aphoenix Taxis Rainbow Cars Ltd T/A Rainbow Taxis EAT 22-Apr-2002
EAT Transfer of Undertakings – Transfer
A company purported to dissolve, but the business was then effectively resurrected by the second respondent. The claimants asserted that there had been a transfer . .
Cited – Allen and Others v Amalgamated Construction Co Ltd ECJ 10-Dec-1999
The European rules protecting employees rights on the transfer of undertakings operated also when employees when employees were transferred between two separate companies which were subsidiaries of another. They were legally distinct employers, even . .
Cited – Astle and others v Cheshire County Council and Omnisure Property Management Ltd EAT 20-May-2004
EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 04 January 2022; Ref: scu.161498
The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU:
(1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to issue or, alternatively, facilitate the provision of a residence authorisation to the non-Union unmarried partner of a EU citizen who, having exercised his Treaty right of freedom of movement to work in a second Member State, returns with such partner to the Member State of his nationality?
(2) Alternatively, is there a requirement to issue or, alternatively, facilitate the provision of such residence authorisation by virtue of European Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (‘the Directive’)?
(3) Where a decision to refuse a residence authorisation is not founded on an extensive examination of the personal circumstances of the Applicant and is not justified by adequate or sufficient reasons is such decision unlawful as being in breach of Article 3(2) of the Citizens Directive?
(4) Is a rule of national law which precludes an appeal to a court or tribunal against a decision of the executive refusing to issue a residence card to a person claiming to be an extended family member compatible with the Directive?
[2017] UKUT 125 (IAC)
Bailii
England and Wales
Cited by:
ECJ decision awaited – SM (Algeria) v Entry Clearance Officer, UK Visa Section SC 14-Feb-2018
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 04 January 2022; Ref: scu.588796
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the Islamic ‘kefalah’ system in her own country.
Held: The Court had jurisdiction to hear the matter but referred three questions to the European Court of Justice.
S would fall within article 3.2(a) if she does not fall within article 2.2(c). The 2006 Regulations have caused confusion by introducing the word ‘relative’ which nowhere appears in article 3.2(a). ‘Family member’ is a wider term than ‘relative’ as it is well capable of including people who are not related by consanguinity or affinity. All that is required is that the person (i) falls within the broad concept of ‘family member’; (ii) was either a dependant or a member of the household of the Union citizen; and (iii) that dependency or household membership was in the country from which the person has or would come. A child for whom the Union citizen has parental responsibility under the law of the child’s country of origin is clearly capable of being regarded as a family member; S was both a dependant and a member of the household of Mr and Mrs M; and this was in Algeria, the country from which she would be coming to this country.
‘If some member states recognise ‘kefalah’ children as direct descendants but others do not, this clearly places barriers to free movement for those European Union citizens who have such children. It also discriminates against those who, for religious or cultural reasons, are unable to accept the concept of adoption as it is understood in the UK and some other European countries, that is, as the complete transfer of a child from one family and lineage to another. On the other hand, the fact that the term ‘direct descendant’ may have an autonomous meaning does not necessarily entail that it should have a broad meaning.
We therefore cannot consider it acte clair that a child in Susana’s position is not to be regarded as a direct descendant of her guardians for the purpose of article 2.2(c). At the same time, we are concerned that such an interpretation could, in some cases, create opportunities for exploitation, abuse and trafficking in children, which it was the object of the Hague Convention to prevent and deter. We are also concerned that an automatic right of entry for ‘kefalah’ children might lead to some of them being placed in homes which domestically would have been rejected as unsuitable.’
Lady Hale, President, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
[2018] UKSC 9, [2018] 1 WLR 1035, [2018] 3 All ER 177, [2018] INLR 368, [2018] WLR(D) 91, UKSC 2015/0243
Bailii, Bailii Summary, WLRD, SC, SC Summary,
Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), Council Directive 2004/38/EC, Adoption and Children Act 2002 83, Adoption with a Foreign Element Regulations 2005
England and Wales
Citing:
At AIT – IM240192005 (Unreported) AIT 12-Feb-2007
Reconsideration of the appeal of the appellant, a citizen of India, against the decision of the respondent on 12 March 2004 refusing her entry clearance to the United Kingdom as an adoptive child.
Held: The case was ordered to be reviewed. . .
Cited – MN (India) v Entry Clearance Officer (New Delhi) v Secretary of State for the Home Department CA 5-Feb-2008
The Court set out four avenues for entry to the UK provided by the Rules in respect of a child adopted or intended to be adopted from abroad. . .
Appal from (CA) – SM (Algeria) v Entry Clearance Officer, UK Visa Section CA 4-Nov-2015
The Entry Clearance Officer appealed from a decision that a child assigned to be under guardianship under the Islamic ‘kefalah’ system in her own country was to be treated on the basis that she did fall within the definition of ‘extended family . .
Cited – Secretary of State for The Home Department v Islam and Another ECJ 5-Sep-2012
ECJ Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 3(2) – Obligation to facilitate, in accordance with . .
Cited – Sala (EFMS: Right of Appeal : Albania) UTIAC 19-Aug-2016
UTIAC There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. Because decisions concerning . .
Cited – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 11-Jan-2018
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons . .
Cited – Khan v Secretary of State for The Home Department and Another CA 9-Nov-2017
The Secretary of State had refused to grant a residence card to the Pakistani nephew of a German national. The Court was asked whether there is jurisdiction for the First-tier Tribunal to hear an appeal from a refusal by the Secretary of State for . .
ECJ decision awaited – Banger (Unmarried Partner of British National : South Africa) UTIAC 30-Mar-2017
The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU:
(1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State . .
Lists of cited by and citing cases may be incomplete.
Immigration, European, Children, Adoption
Updated: 04 January 2022; Ref: scu.604792
Judgment Failure of a Member State to fulfill obligations – State aid – Aid declared unlawful and incompatible with the internal market – Obligation to recover – Obligation to provide information – Non-implementation – Defenses – Absolute impossibility of enforcement
ECLI:EU:C:2017:845, [2017] EUECJ C-481/16
Bailii
European
European
Updated: 04 January 2022; Ref: scu.599671
Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Jurisdiction in matters relating to a contract – Article 5(3) – Jurisdiction in matters relating to tort or delict – Articles 18 to 21 – Individual employment contract – Company director’s contract – Termination of the contract – Grounds – Poor performance and wrongful conduct – Action for a declaratory judgment and for damages – Definition of ‘individual contract of employment’
M Ilesic P
C-47/14, [2015] EUECJ C-47/14
Bailii
Regulation (EC) No 44/2001
European
Updated: 03 January 2022; Ref: scu.552176
ECJ Judgment – Reference for a preliminary ruling – Dumping – Anti-dumping duty imposed on imports of ceramic tiles originating in China – Implementing Regulation (EU) No 917/2011 – Validity – Regulation (EC) No 1225/2009 – Article 2(7)(a) – Normal value – Determination on the basis of the price in a market economy third country – Selection of the appropriate third country – Duty of care – Rights of the defence – Obligation to state reasons – Sampling
C-687/13, [2015] EUECJ C-687/13, ECLI:EU:C:2015:573
Bailii
Regulation (EU) No 917/2011
European
Updated: 03 January 2022; Ref: scu.552174
ECJ Judgment – Community trade mark – Community figurative trade mark BIO CON Estratti VEGETALI DI PRODUZIONE PROPRIA – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009
T-572/14, [2015] EUECJ T-572/14, ECLI:EU:T:2015:623
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.552178
ECJ Judgment – Non-contractual liability – Public Health – Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Colour photographs proposed by the Commission as warnings regarding health to appear on the packaging of tobacco products – Decision 2003/641/EC – Unauthorized use of the image of a deceased person – Injury staff of the widow of the deceased
S. Papasavvas, P
T-168/14, [2015] EUECJ T-168/14, ECLI: EU: T: 2015: 607
Bailii
Directive 2001/37/EC, Decision 2003/641/EC
European
Updated: 03 January 2022; Ref: scu.552090
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous infringement – Imputability to a parent company of an infringement committed by a joint venture – Equal treatment – Method of calculating the fine – Taking into account the value of sales of cathode ray tubes through transformed products – Taking into account the average value of sales recorded during the infringement – Taking into account the overall turnover of the group – Proportionality – Duration of the administrative procedure
T-92/13, [2015] EUECJ T-92/13
Bailii
European, Commercial
Updated: 03 January 2022; Ref: scu.552091
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 2, 3(1)(c) and 6(1) – Direct discrimination on grounds of age – Basic salary of judges – Transitional arrangements – Reclassification and subsequent career advancement – Different treatment perpetuated – Justifications
R. Silva de Lapuerta, P
C-20/13, [2015] EUECJ C-20/13
Bailii
Directive 2000/78/EC
European, Discrimination
Updated: 03 January 2022; Ref: scu.552096
ECJ Appeal – Dumping – Regulation (EC) No 384/96 – Articles 4(1), 5(4) and 9(1) – Regulation (EC) No 1205/2007 – Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines – Injury to the Community industry – Major proportion of the total Community production of the like products
V. Skouris, P
ECLI:EU:C:2015:553, [2015] EUECJ C-511/13
Bailii
Regulation (EC) No 384/96
Citing:
Opinion – Philips Lighting Poland And Philips Lighting v Council ECJ 26-Mar-2015
ECJ Advocate Generals Opinion – Appeal – Dumping – Importation of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines – Regulation (EC) No 1205/2007 . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 03 January 2022; Ref: scu.552099
ECJ Judgment – Public service – Staff of the EEAS – Temporary staff – Head of Delegation in a third country – Out of trust – Transfer to the seat of the EEAS – Early termination of the employment agreement – Notice – Motivation of the decision – Article 26 of the Staff – Rights of the defense – Right to be heard
ECLI:EU:F:2015, F-28/14, [2015] EUECJ F-28/14
Bailii
European
Updated: 03 January 2022; Ref: scu.552084
ECJ Judgment – Reference for a preliminary ruling – Air carrier liability in the event of accidents – Action for damages – Montreal Convention – Regulation (EC) No 2027/97 – Flight operated free of charge by the owner of a property in order to show that property to a prospective purchaser – Regulation (EC) No 864/2007 – Direct action provided for by national law against the civil-liability insurer
A. Tizzano, P
C-240/14, [2015] EUECJ C-240/14, ECLI:EU:C:2015:567
Bailii
Regulation (EC) No 864/2007, Regulation (EC) No 2027/97
European, Personal Injury, Insurance
Updated: 03 January 2022; Ref: scu.552092
ECJ Judgment – Community trade mark – forfeiture proceedings – Community trade ZARA – Genuine use – Article 51, paragraph 1 a) of Regulation (EC) No 207/2009
S. Papasavvas, P
T-584/14, [2015] EUECJ T-584/14, ECLI: EU: T: 2015 604
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.552086
ECJ Judgment – References for a preliminary ruling – Migrant workers – Social security – Applicable legislation – Rhine boatmen – E 101 certificate – Probative value – Reference to the Court – Obligation to make a reference for a preliminary ruling
R. Silva de Lapuerta (Rapporteur), P
C-72/14, [2015] EUECJ C-72/14, ECLI:EU:C:2015:564
Bailii
European
Updated: 03 January 2022; Ref: scu.552098
ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses – Meaning of ‘transfer of a business’ — Obligation to make a request for a preliminary ruling under the third paragraph of Article 267 TFEU – Alleged infringement of EU law attributable to a court of a Member State against whose decisions there is no judicial remedy under national law – Rule of national law which makes the right to reparation for the loss or damage sustained as a result of such an infringement conditional on the prior setting aside of the decision that caused that loss or damage
R. Silva de Lapuerta (Rapporteur), P
ECLI:EU:C:2015:565, C-160/14, [2015] EUECJ C-160/14
Bailii
European
Updated: 03 January 2022; Ref: scu.552085
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous infringement – Duration of the infringement – Cooperation during the administrative procedure – 2006 Leniency Notice – Reduction of the fine – Calculation of the fine – Taking account of undertakings’ sales according to the place of delivery – Taking account of the average value of sales recorded during the infringement period
S. Papasavvas (Rapporteur), Pr
T-84/13, [2015] EUECJ T-84/13
Bailii
European
Updated: 03 January 2022; Ref: scu.552093
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Rights of the defence – Proof of participation in the cartel – Single and continuous infringement – 2006 Guidelines on the method of setting fines – Proportionality – Fines – Unlimited jurisdiction
T-82/13, [2015] EUECJ T-82/13, ECLI:EU:T:2015:612
Bailii
European
Updated: 03 January 2022; Ref: scu.552089
ECJ Judgment – Economic and monetary policy – Application to initiate an investigation for an alleged breach of EU law – Decision of the EBA – Decision of the Board of Appeal of the European Supervisory Authorities – Finding of the Court of its own motion – Lack of competence of the author of the act – Action for annulment – Period allowed for commencing proceedings – Delay – Partly inadmissible
S. Papasavvas (Rapporteur), P
T-660/14, [2015] EUECJ T-660/14, ECLI:EU:T:2015:608
Bailii
European
Updated: 03 January 2022; Ref: scu.552094
Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous infringement – Imputability to a parent company of an infringement committed by a joint venture – Equal treatment – Method of calculating the fine – Taking into account the value of sales of cathode ray tubes through transformed products – Limitation period – Proportionality – Duration of the administrative procedure
S. Papasavvas (Rapporteur), P
T-91/13, [2015] EUECJ T-91/13, ECLI:EU:T:2015:609
Bailii
European, Commercial
Updated: 03 January 2022; Ref: scu.552087
ECJ Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Proof of participation in the cartel – Single and continuous infringement – Imputability of the infringement – Joint control – Fines – Unlimited jurisdiction)
S. Papasavvas (Rapporteur), P
T-104/13, [2015] EUECJ T-104/13, ECLI:EU:T:2015:610
Bailii
European, Commercial
Updated: 03 January 2022; Ref: scu.552095
Judgment – Appeal – Contract granting Community financial assistance for a project in the field of medical collaboration – Commission decision to recover in part an advance payment made – Action for annulment – Inadmissibility
A. Tizzano, P
C-506/13, [2015] EUECJ C-506/13, ECLI:EU:C:2015:562
Bailii
European
Updated: 03 January 2022; Ref: scu.552088
ECJ Judgment – Community trade mark – Application ‘Community figurative mark representing a black ribbon – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
T-530/14, [2015] EUECJ T-530/14, ECLI: EU: T: 2015 603
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.552097
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Articles 1(2) and 49 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Matters excluded – Family law – Regulation (EC) No 2201/2003 – Article 47(1) – Jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility – Judgment concerning rights of access which imposes a periodic penalty payment – Enforcement of that penalty payment
A. Tizzano, P
ECLI:EU:C:2015:563, C-4/14, [2015] EUECJ C-4/14
Bailii
Regulation (EC) No 44/2001, Regulation (EC) No 2201/2003 47(1)
European, Family
Updated: 03 January 2022; Ref: scu.552082
Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Single payment scheme – Key controls – Ancillary controls – Articles 51, 53, 73 and 73a of Regulation (EC) No 796/2004
T-245/13, [2015] EUECJ T-245/13, ECLI:EU:T:2015:595
Bailii
Regulation (EC) No 796/2004
European
Updated: 03 January 2022; Ref: scu.552070
ECJ Application for interim measures – Economic and monetary policy – Decisions adopted by the Governing Council of the ECB – Provision of emergency liquidity assistance to Greek banks – Application for suspension of operation of a measure – Breach of procedural requirements – Inadmissibility
T-368/15, [2015] EUECJ T-368/15 – CO
Bailii
European, Banking
Updated: 03 January 2022; Ref: scu.552068
ECJ Judgment – Arbitration clause – Grant – Financial aid – Suspension of payment – Claim for reimbursement of the declared costs – Damages – Interest on late payment – Debit note – Contractual liability – Counterclaim
H. Kanninen, P
ECLI:EU:T:2015:601, T-234/12, [2015] EUECJ T-234/12
Bailii
European
Updated: 03 January 2022; Ref: scu.552081
ECJ Judgment – Community design – Invalidity proceedings – Drawing or registered Community design DIESEL – DIESEL Earlier international word mark – Ground for invalidity – Use of a distinctive sign – Likelihood of confusion – Article 25, paragraph 1, e) of Regulation (EC) No 6/2002 – Proof of genuine use – Suspension of the administrative procedure
ECLI:EU:T:2015 606, T-278/14, [2015] EUECJ T-278/14
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.552083
ECJ Grand Chamber – Actions for annulment – Regulation (EU) No 1052/2013 – Crossing of the external borders – Eurosur system – Development of the provisions of the Schengen acquis – Participation – Cooperation with Ireland and the United Kingdom – Validity
V. Skouris, P
[2015] EUECJ C-44/14, C-44/14, ECLI:EU:C:2015:554
Bailii
Regulation (EU) No 1052/2013
Citing:
Opinion – Spain v Parliament and Council ECJ 13-May-2015
ECJ Advocate General’s Opinion – Regulation (EU) No 1052/2013 – Establishment of the European Border Surveillance System (Eurosur) – Protocol (No 19) on the Schengen acquis integrated into the framework of the . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 03 January 2022; Ref: scu.552072
ECJ Advocate Generals Opinion – Appeal – Dumping – Importation of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines – Regulation (EC) No 1205/2007 – Injury to the Community industry – Definition of ‘the Community industry’ – Concept of ‘major proportion’ of total Community production
Bot AG
ECLI:EU:C:2015:206, C-511/13, [2015] EUECJ C-511/13 – O
Bailii
Cited by:
Opinion – Philips Lighting Poland and Philips Lighting v Council ECJ 8-Sep-2015
ECJ Appeal – Dumping – Regulation (EC) No 384/96 – Articles 4(1), 5(4) and 9(1) – Regulation (EC) No 1205/2007 – Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 03 January 2022; Ref: scu.552065
ECJ Judgment – Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – sub-state entity – Quality and interest to act – Admissibility – Obligation to state reasons – Indication and choice of legal basis – Powers of the Council – Principle of predictability of Union acts – Concept associated entity – Manifest error of assessment – Rights of the defense – Right to effective judicial protection – Proportionality – Right to property
T-577/12, [2015] EUECJ T-577/12, ECLI:EU:T:2015:596
Bailii
European
Updated: 03 January 2022; Ref: scu.552069
ECJ Advocate General’s Opinion – Regulation (EU) No 1052/2013 – Establishment of the European Border Surveillance System (Eurosur) – Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union – Development of provisions of the Schengen acquis – Cooperation with Ireland and the United Kingdom
Wahl AG
C-44/14, [2015] EUECJ C-44/14 – O, ECLI:EU:C:2015:320
Bailii
Cited by:
Opinion – Spain v Parliament and Council ECJ 8-Sep-2015
ECJ Grand Chamber – Actions for annulment – Regulation (EU) No 1052/2013 – Crossing of the external borders – Eurosur system – Development of the provisions of the Schengen acquis – Participation – Cooperation . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 03 January 2022; Ref: scu.552067
ECJ Reference for a preliminary ruling – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Credit agreement concluded by a natural person who practises as a lawyer – Repayment of a loan secured on a building owned by the borrower’s law firm – Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement
[2015] EUECJ C-110/14, C-110/14
Bailii
Directive 93/13/EEC 2(b)
Citing:
Opinion – Costea v SC Volksbank Romania SA ECJ 23-Apr-2015
ECJ Advocate Generals Opinion – Consumer protection – Definition of consumer within the meaning of Article 2(b) of Directive 93/13/EEC – Credit agreement concluded by a natural person who practises as a lawyer – . .
Lists of cited by and citing cases may be incomplete.
European, Consumer
Updated: 03 January 2022; Ref: scu.552024
ECJ Judgment – Reference for a preliminary ruling – Tax legislation – Freedom of establishment – Directive 90/435/EEC – Article 4(2) – Cross-border distributions of dividends – Corporation tax – Group taxation (French integration fiscale) – Tax exemption for dividends paid by subsidiaries belonging to the tax-integrated group – Residence qualification – Dividends paid by non-resident subsidiaries – Non-deductible costs and expenses relating to the holding
[2015] EUECJ C-386/14
Bailii
Directive 90/435/EEC
Citing:
Opinion – Groupe Steria v Ministere des finances et des comptes publics ECJ 11-Jun-2015
(Advocate Generals Opinion) – Tax legislation – Freedom of establishment – Article 4(2) of Directive 90/435/EEC – Cross-border distributions of profits – National corporation tax – Group taxation (French ‘integration fiscale’) – Tax exemption for . .
Lists of cited by and citing cases may be incomplete.
European, Corporation Tax
Updated: 03 January 2022; Ref: scu.552022
ECJ Judgment – Reference for a preliminary ruling – Directive 94/19/EC – Point 7 of Annex I – Deposit-guarantee scheme – Exclusion of certain depositors from the deposit-guarantee scheme – Exclusion of a ‘manager’
R. Silva de Lapuerta, P
[2015] EUECJ C-127/14, C-127/14, ECLI:EU:C:2015:522
Bailii
Citing:
Opinion – Surmacs v Finansu un kapitala tirgus komisija ECJ 17-Mar-2015
Advocate Generals Opinion – Directive 94/19/EC – Deposit-guarantee scheme – Exclusion of certain depositors from deposit-guarantee schemes – Point 7 of Annex I to Directive 94/19/EC – Terms ‘director’ and ‘manager’ – Significant influence . .
Lists of cited by and citing cases may be incomplete.
European, Banking
Updated: 03 January 2022; Ref: scu.552023
(Judgment) Community trade mark – International registration designating the European Community – Word mark IDIRECT24 – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009
ECLI:EU:T:2015:585, T-225/14, [2015] EUECJ T-225/14
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.551989
Judgment – Community trade mark – Opposition proceedings – Figurative Community trade mark MAX NEW – Earlier Community figurative mark MAX – Relative ground for refusal – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-254/14, [2015] EUECJ T-254/14
Bailii
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.551991
(Advocate Generals Opinion) – Tax legislation – Freedom of establishment – Article 4(2) of Directive 90/435/EEC – Cross-border distributions of profits – National corporation tax – Group taxation (French ‘integration fiscale’) – Tax exemption for revenue from holdings – Non-deductible charges relating to the holding – Distributions of profits from non-resident subsidiaries
Kokott AG
C-386/14, [2015] EUECJ C-386/14 – O, ECLI:EU:C:2015:392
Bailii
Cited by:
Opinion – Groupe Steria v Ministere des finances et des comptes publics ECJ 2-Sep-2015
ECJ Judgment – Reference for a preliminary ruling – Tax legislation – Freedom of establishment – Directive 90/435/EEC – Article 4(2) – Cross-border distributions of dividends – Corporation tax – Group taxation . .
Lists of cited by and citing cases may be incomplete.
European, Corporation Tax
Updated: 03 January 2022; Ref: scu.551985
ECJ Advocate Generals Opinion – Consumer protection – Definition of consumer within the meaning of Article 2(b) of Directive 93/13/EEC – Credit agreement concluded by a natural person who practises as a lawyer – Loan secured on a building owned by the borrower’s law firm – Effect of knowledge and profession on the status of consumer – Determination of the purpose of the loan – Dual purpose contracts within the meaning of recital 17 in the preamble to Directive 2011/83/EU – Effect of an ancillary contract on the principal contract
Cruz Villalon AG
C-110/14, [2015] EUECJ C-110/14 – O
Bailii
Directive 93/13/EEC
Cited by:
Opinion – Costea v SC Volksbank Romania SA ECJ 3-Sep-2015
ECJ Reference for a preliminary ruling – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Credit agreement concluded by a natural person who practises as a lawyer – Repayment of a loan secured on a . .
Lists of cited by and citing cases may be incomplete.
European, Consumer
Updated: 03 January 2022; Ref: scu.551984
ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Consumer protection – Regulation (EC) No 1223/2009 – Scope – Non-corrective colour contact lenses featuring designs – Statement on the outer packaging describing the product in question as a cosmetic product – Consumer protection
ECLI:EU:C:2015:540, C-321/14, [2015] EUECJ C-321/14
Bailii
European, Consumer
Updated: 03 January 2022; Ref: scu.551988
ECJ (Judgment) Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 24(1), 25(b), 62(2), 63 and 64(1) – Meaning of ‘supply of services’ – Subscription contract for the supply of consulting services – Chargeable event – Need for proof of the actual supply of services – Chargeability of the tax
C-463/14, [2015] EUECJ C-463/14, ECLI:EU:C:2015:542
Bailii
Directive 2006/112/EC
European, VAT
Updated: 03 January 2022; Ref: scu.551986
ECJ Judgment – Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – National legislation – Issue and renewal of a residence permit – Condition – Obligatory financial contribution – Amount eight times higher than that for obtaining a national identity card – Infringement of the principles of Directive 2003/109/EC
ECLI:EU:C:2015:523, C-309/14, [2015] EUECJ C-309/14
Bailii
Directive 2003/109/EC
European
Updated: 03 January 2022; Ref: scu.551987
The court considered the lawfulness of the manner in which the Ministry allocates fish quotas to vessels, such as that owned and managed by the appellant, which are not members of producer organisations.
Hirst, Aldous, Ward LJJ
[1999] EWCA Civ 570
Bailii
England and Wales
European, Agriculture
Updated: 03 January 2022; Ref: scu.551912
Application for reference to the ECJ on issues concerned with the implementation of the common fisheries policy of the European Union.
[2000] Eu LR 371, [1999] EWCA Civ 3058
Bailii
England and Wales
European, Agriculture
Updated: 03 January 2022; Ref: scu.551914
Order – Removal from the register
T-137/15, [2015] EUECJ T-137/15 – CO, ECLI:EU:T:2015:579
Bailii
European
Updated: 03 January 2022; Ref: scu.551784
An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3) TFEU) (and thus regulation 4 (1) (a) of the Immigration (European Economic Area) Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1)(a), does not retain the status of worker on ceasing to be a jobseeker. In such a scenario, the purpose in interpreting article 45 widely – to give effect to the right to move to another member state to seek employment – is absent.
The term ‘worker’ within article 45 covers, to a greater or lesser extent, not only actual workers but also:
(1) those entering a state for the first time to seek employment (‘first-time’ job seekers’)
(2) those who have had a job and are again seeking work (‘second-time job seekers’)
(3) vocational or occupational trainees; the involuntarily unemployed and sick;
(4) injured and retired workers; and,
(5) women who, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth, give up work or jobseeking, provided they return to work or find another job within a reasonable period after the birth of the child
Storey, Rintoul UTJJ
[2015] UKUT 433 (IAC)
Bailii
England and Wales
Immigration, European
Updated: 03 January 2022; Ref: scu.551571
ECJ Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of ‘public works contract’ and ‘work’ – Method of calculation of the value of the contract
P. Jann, P
[2007] EUECJ C-220/05, [2007] ECR I-385, ECLI:EU:C:2007:31, EU:C:2007:31, [2007] All ER (D) 100
Bailii
Directive 93/37/EEC
Citing:
Opinion – Auroux and Others v Commune de Roanne, intervening party: Societe d’equipement du departement de la Loire (SEDL) ECJ 15-Jun-2006
ECJ Opinion – Public procurement – Directive 93/37/EEC – Award without call for tenders – Contract for the implementation of a development project concluded between two contracting authorities – Definition of . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 03 January 2022; Ref: scu.551498
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings Obligation to negotiate in good faith Definition of ‘operator of public communications networks’ Articles 5 and 8 Powers of the national regulatory authorities Undertaking without significant market power
A national regulatory authority may intervene to prevent the imposition by a CP of interconnection terms likely to hinder the emergence of a competitive market even if that CP does not have significant market power.
J’C Bonichot, P
[2009] EUECJ C-192/08, C-192/08, [2009] ECR I-10717
Bailii
Directive 2002/19/EC
Citing:
Opinion – Teliasonera Finland ECJ 14-May-2009
ECJ Opinion – Industrial policy – Electronic communications – Networks and services – Obligation to negotiate interconnection in good faith – Definition of operator of public communications networks – Undertaking . .
Cited by:
Cited – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Cited – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
European, Utilities, Media
Updated: 03 January 2022; Ref: scu.551329
Application for judicial review of a decision by an inspector appointed by the Secretary of State for Environment, Food and Rural Affairs to determine an appeal made by the claimant against a refusal by the interested party to grant a Standard Rules Environmental Permit 2010 number 8-100KTE. The central issue is the proper interpretation of article 3(15) of Directive 2008/98/EC otherwise known as the Waste Framework Directive (WFD).
Patterson DBE J
[2015] EWHC 2388 (Admin)
Bailii
Directive 2008/98/EC 3915)
England and Wales
Environment, European
Updated: 03 January 2022; Ref: scu.551045
Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 93/13 / EEC – Article 7 – Charter of Fundamental Rights of the European Union – Articles 7 and 47 – Contracts concluded with consumers – mortgage agreement – Unfair terms – foreclosure procedure – Appeal Right of appeal ‘
C-539/14, [2015] EUECJ C-539/14 – CO
Bailii
Charter of Fundamental Rights of the European Union 7 47
European, Human Rights, Consumer, Banking
Updated: 03 January 2022; Ref: scu.550994
ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Charter of Fundamental Rights of the European Union – Article 6 – Right to liberty and security – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Obligation to execute the European arrest warrant – Article 12 – Keeping the requested person in detention – Article 15 – Surrender decision – Article 17 – Time-limits and detailed procedure for the decision on execution – Consequences of a failure to observe the time-limits
V. Skouris, P
C-237/15, [2015] EUECJ C-237/15, [2015] WLR(D) 311, ECLI:EU:C:2015:474
Bailii, WLRD
Charter of Fundamental Rights of the European Union 6, Framework Decision 2002/584/JHA
European, Human Rights, Extradition
Updated: 03 January 2022; Ref: scu.550989
ECJ Judgment – Reference for a preliminary ruling – VAT – Sixth Council Directive 77/388/EEC – Article 17 – Right to deduction – Partial deduction – VAT paid by holding companies for the acquisition of capital invested in their subsidiaries – Services supplied to subsidiaries – Subsidiaries constituted in the form of partnerships – Article 4 – Establishment of a group of persons capable of being regarded as a single taxable person – Conditions – Need for a relationship of subordination – Direct effect
C-108/14, [2015] EUECJ C-108/14, ECLI:EU:C:2015:496
Bailii
Sixth Council Directive 77/388/EEC 817
European, VAT
Updated: 03 January 2022; Ref: scu.550990
ECJ Judgment -Reference for a preliminary ruling – Trade marks – Directive 89/104/EEC – Article 5 – Products bearing a trade mark released for free circulation and placed under the duty suspension arrangement without the consent of the proprietor of the trade mark – Right of that proprietor to oppose that placing – Definition of ‘using in the course of trade’
C-379/14, [2015] EUECJ C-379/14, ECLI:EU:C:2015:497
Bailii
Directive 89/104/EEC 5
European, Intellectual Property
Updated: 03 January 2022; Ref: scu.550998