Category: European

Webb v Webb: ECJ 17 May 1994

A Convention action must be based upon a right in rem not in personam. An action for a declaration that a person holds immovable property as a trustee and for an order requiring that person to execute such documents as are required to vest legal ownership under the lex situs in the plaintiff does not involve rights in rem within the meaning of Article 16(1). It was irrelevant that the plaintiff wanted to obtain ownership of an immovable; what is important is whether rights in rem are the object of the proceedings. Since the plaintiff did not claim that he already enjoyed rights directly relating to the property which were enforceable as against the whole world, but sought only to assert rights against the defendant, the action was not a right in rem within the meaning of Article 16(1), but an action in personam.

Times 27-Jun-1994, C-294/92, [1994] ECR I-1717, [1994] EUECJ C-294/92
Bailii
Brussels Convention 1968 16(1)
European
Cited by:
Cited – R Griggs Group Ltd and others v Evans and others (No 2) ChD 12-May-2004
A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 January 2022; Ref: scu.160957

Tirma v Administracion General del Estado: ECJ 29 Feb 1996

Protocol No 2 to the Act of Accession of Spain and Portugal – Canary Islands – Customs territory of the Community – Processed agricultural products – Exemption from customs duties – Article 5 of Regulation (EEC) No 3033/80 – Variable component.

C-300/94, [1996] EUECJ C-300/94
Bailii
European

Customs and Excise

Updated: 01 January 2022; Ref: scu.161461

Skanavi and Chryssanthakopoulos (Judgment): ECJ 29 Feb 1996

Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty.
Europa 1. As Community law stands, and prior to the implementation of Directive 91/439 on driving licences, Article 52 of the Treaty does not preclude a Member State from requiring the holder of a driving licence issued by another Member State to exchange that licence for a licence of the host Member State within one year of taking up normal residence in that State in order to remain entitled to drive a motor vehicle there.
In view of the complexity of the matter and the differences between the legislation of the Member States, the Council, which had the task of achieving harmonization of the conditions governing the issue of driving licences and of providing that driving licences issued by the Member States should be mutually recognized in order to remove the obstacles to the free movement of persons resulting from the obligation to obtain a driving licence issued by the host Member State, was empowered to achieve that harmonization progressively and was therefore entitled to allow Member States temporarily to impose an obligation to exchange licences.
2. In view of the consequences which may result from the existence of a criminal record for the exercise of a trade or profession by an employed or self-employed person, particularly with regard to access to certain activities or certain offices, which would constitute a further, lasting restriction on freedom of movement, Article 52 of the Treaty precludes the driving of a motor vehicle by a person who could have obtained a licence from the host State in exchange for the licence issued by another Member State but who did not make that exchange within the prescribed period from being treated as driving without a licence and thus rendered punishable by imprisonment or a fine.
The Member States, which, in the absence of Community rules governing the matter, remain competent to impose penalties for breach of the obligation to exchange driving licences which they may impose under Directive 80/1263 on the introduction of a Community driving licence, may not, however, impose a disproportionate penalty which, in view of the effect which the right to drive a motor vehicle has on the actual exercise of the rights relating to the free movement of persons, creates an obstacle to such free movement. Treatment of failure to exchange licences as equivalent to driving without a licence, thereby giving rise to criminal penalties, even if only financial in nature, is disproportionate on two grounds. First, it is disproportionate because the issue of a driving licence by a Member State in exchange for a licence issued by another Member State does not constitute the basis of the right to drive a motor vehicle in the territory of the host State, which is directly conferred by Community law, but evidence of the existence of such a right, and the obligation to exchange is therefore essentially a way of meeting administrative requirements. Second, it is disproportionate by reason of the consequences which it may have for the future prospects of the person concerned in his trade or profession.

C-193/94, [1996] ECR I-929, [1996] EUECJ C-193/94
Bailii
European
Cited by:
Cited – Commission v Netherlands ECJ 10-Jul-2003
ECJ Failure of a Member State to fulfil its obligations – Directive 91/439/CEE. The directive required member states to introduce a system to recognise community driving licences. The Netherlands had instituted a . .
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .

Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 01 January 2022; Ref: scu.161386

Commission v Italy C-307/94: ECJ 29 Feb 1996

(Judgment) Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Activities in the field of pharmacy – Directive 85/432 – Implementation by Member States – Time-limit – Postponement by a Member State of the entry into force of new university curricula depriving some qualified persons of the benefit of the mutual recognition of qualifications – Not permissible
(Council Directive 85/432, Arts 1, 2 and 5)
A Member State which, by adopting out of time provisions to implement Directive 85/432 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, postpones the time-limit laid down therein for the entry into force of new training curricula meeting the requirements of the directive, with the result that students will follow a course of study whose failure to comply with those requirements precludes the mutual recognition of their qualifications, whereas the belated implementation of the directive does not automatically entail such effects because an additional training programme could have been organized for those students who had commenced their studies after the expiry of the time-limit for transposition but before actual transposition, fails to fulfil its obligations under that directive and particularly under Articles 1, 2 and 5 thereof.

[1996] EUECJ C-307/94
Bailii
European

Health Professions

Updated: 01 January 2022; Ref: scu.161467

Belgium v Commission C-56/93: ECJ 29 Feb 1996

(Judgment) 1. State aid – Definition – Preferential natural gas tariff favouring a particular category of undertakings justified on commercial grounds – Not included
(EC Treaty, Art. 92(1))
2. State aid – Commission decision finding a national measure to be compatible with Article 92(1) of the Treaty – Complex economic appraisal – Review by the Court – Limits
(EC Treaty, Art. 92(1))
3. State aid – Treaty provisions – Scope – State financial intervention affecting competition and trade between Member States, irrespective of the aims pursued
(EC Treaty, Art. 92)
4. Acts of the institutions – Statement of reasons – Obligation – Scope – Account to be taken of their context and events prior to their adoption
(EC Treaty, Art. 190)

C-56/93, [1996] EUECJ C-56/93
Bailii
European

European

Updated: 01 January 2022; Ref: scu.161080

Commission v Council C-122/94: ECJ 29 Feb 1996

(Judgment) 1. Agriculture – Competition rules – Provisions of the Treaty relating to aid granted by States – Applicability in the wine sector – Consequence – Power of the Council to authorize aid by derogation in view of exceptional circumstances
(EC Treaty, Art. 42 and Arts 92 to 94; Council Regulation No 822/87, Art. 76)
2. Agriculture – Competition rules – Aid – Authorization of aid by derogation by the Council – Judicial review – Limits – Decision authorizing special aid for the distillation of certain wines in Italy and France in the 1993/94 wine year – No manifest error of assessment
(EC Treaty, Arts 39 and 93(2), third subpara.)
3. Acts of the institutions – Statement of reasons – Obligation – Scope
(EC Treaty, Art. 190)

[1996] ECR I-881, [1996] EUECJ C-122/94
Bailii
European

European, Agriculture

Updated: 01 January 2022; Ref: scu.161343

Arkin v Borchard Lines Ltd and others: ComC 10 Apr 2003

The Claimant sought damages for breach of the Rome Treaty Articles 82 and 81. His shipping company had faced organised anti-competitive attempts by the respondents to put him out of business.
Held: A cause of action for breach of a statutory duty first arises when the breach causes damage to the claimant: ‘In this connection it is important to recognise that there are different ways in which such a breach may cause damage. Thus, an isolated event amounting to such a breach may cause a chain of damage development commencing when the effects of the breach first affect the claimant, and those [effects] may continue for a long period of time. If that period commences prior to the cut-off date for the purposes of the period of limitation, the claim will prima facie be time-barred notwithstanding that the effects of the breach may continue beyond that date. The position is similar to a claim in tort for negligence. By contrast, there may be a continuing or repeated breach of statutory duty, over an extended period, such as an unlawful emission of toxic fumes which continues to affect and injure those exposed to it over the whole period of that breach. In such a case, if the limitation cut-off date occurs during the period, the claimant’s cause of action for the damage suffered after the date in question will not be time-barred.’
Colman J concluded that the case before him fell into the latter category.

Colman J
[2003] EWHC 687 (Comm), [2000] EuLR 232, [2003] 2 Lloyds Law Reports 225
Bailii
Limitation Act 1980
England and Wales
Citing:
See Also – Yeheskel Arkin v Borchard Lines Ltd ComC 11-Nov-1999
A claimant in an action for damages for breaches of Articles 85, 86 of Rome Treaty, who had previously complained of such breaches to the European Commission but failed to complain of matters subsequently, attempted to raise in an action is . .

Cited by:
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
See Also – Arkin v Borchard Lines Limited Andzim Israel Navigation Company Ltd and others v Managers and Processors of Claims QBD 27-Nov-2003
. .
Cited – Chester City Council and Another v Arriva Plc and others ChD 15-Jun-2007
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city.
Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, . .

Lists of cited by and citing cases may be incomplete.

European, Commercial, Transport, Limitation

Updated: 01 January 2022; Ref: scu.180760

Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015

The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the correspondence. He was not free to override the conclusion of the tribunal or the court on the sole ground that he disagreed with it. Such a view would override two constututional principles; that a decision of a court is binding between the parties and cannot be set aside, and that decisions and actions of the executive are reviewable by the courts, and not vice versa.,
Regulation 18(6) was incompatible with the European Directive.
Otherwise R (Evans) v Attorney General (Campaign for Freedom of Information intervening)

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
[2015] UKSC 21, [2015] 2 WLR 813, [2015] WLR(D) 151, [2015] 4 All ER 395, [2015] 1 AC 1787, [2015] 2 CMLR 43, [2015] FSR 26, [2015] Env LR 34, UKSC 2014/0137
Bailii, Bailii Summary, SC, SC Summary, WLRD
Freedom of Information Act 2000 53(2), Council Directive 2003/4/EC, Environmental Information Regulations 2004
England and Wales
Citing:
Appeal from – Evans v The Information Commissioner and Others CA 12-Mar-2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the . .
At UTAA – Evans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .
At Admn – Evans, Regina (on The Application of) v HM Attorney General and Another Admn 9-Jul-2013
The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the . .
Cited – Rex v Cheltenham Commissioners QBD 1841
A statute provided that any decision of the Quarter Sessions as to the levying of certain rates was to be ‘final, binding, and conclusive to all intents and purposes whatsoever’, and that no order made in that connection ‘shall . . be removed or . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – M v Home Office and Another; In re M HL 27-Jul-1993
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Warwickshire County Council ex parte Powergen Plc CA 31-Jul-1997
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway . .
Cited – Regina v Secretary of State for Home Department ex parte Danaei CA 12-Nov-1997
An immigration adjudicator, after a hearing, had rejected the applicant’s asylum appeal, but accepted that he had left Iran because he had had an adulterous relationship;
Held: The Home Secretary was wrong to depart from the special . .
Cited – Birkett v The Department for The Environment, Food and Rural Affairs CA 21-Dec-2011
. .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Jackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .

Cited by:
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Information, European, Constitutional

Updated: 31 December 2021; Ref: scu.545694

Belgium v Commission T-563/13: ECFI 10 Dec 2015

(Judgment) EAGF – Expenditure excluded from financing – Expenditure incurred by Belgium – Fruit and vegetables – Obligation to state reasons – Conditions for recognition of a producer organization – Outsourcing by a producer organization of essential activities – Amount to be excluded – Proportionality

Mm O Czucz (Rapporteur), Acting President, a Popescu and a M Collins, Judges,
[2015] EUECJ T-563/13, ECLI:EU:T:2015:951
Bailii
European

European

Updated: 31 December 2021; Ref: scu.556988

Plantavis And Nem v Commission And EFSO: ECFI 12 Jun 2015

ECJ Judgment – Consumer protection – Health claims made on foods – Regulation (EU) No 432/2012 – Action for annulment – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Regulation (EC) No 1924/2006 – Plea of illegality – Register of health claims

T-334/12, [2015] EUECJ T-334/12
Bailii
Regulation (EU) No 432/2012, Regulation (EC) No 1924/2006

European

Updated: 30 December 2021; Ref: scu.548127

Pfeifer and Langen GmbH and Co KG v Bundesanstalt fur Landwirtschaft und Ernahrung – C-52/14: ECJ 11 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 3(1) – Limitation period – Dies a quo – Repeated irregularities – Interruption of the limitation period – Conditions – Competent authority – Person in question – Act relating to investigation or legal proceedings concerning the irregularity – Time-limit equal to twice the limitation period

L. Bay Larsen, P
C-52/14, [2015] EUECJ C-52/14, ECLI:EU:C:2015:381
Bailii

European

Updated: 30 December 2021; Ref: scu.548126

ZH And O v Staatssecretaris voor Veiligheid en Justitie and similar: ECJ 11 Jun 2015

Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 7(4) – Concept of ‘risk to public policy’ – Circumstances in which Member States may refrain from granting a period for voluntary departure, or may grant a period shorter than seven days

M Ilesic P
C-554/13, [2015] EUECJ C-554/13, [2015] WLR(D) 250, ECLI:EU:C:2015:377
Bailii, WLRD
Directive 2008/115/EC 7(4)

European

Updated: 30 December 2021; Ref: scu.548128

Laboratoires Ctrs v Commission: ECFI 11 Jun 2015

ECJ Judgment – Medicinal products for human use – Orphan medicinal products – Marketing authorisation for the medicinal product Cholic Acid FGK (renamed Kolbam) – Therapeutic indications – Market exclusivity – Article 8(1) of Regulation (EC) No 141/2000

T-452/14, [2015] EUECJ T-452/14, ECLI:EU:T:2015:373
Bailii
Regulation (EC) No 141/2000

European

Updated: 30 December 2021; Ref: scu.548121

Junited Autoglas Deutschland v OHIM: ECJ 4 Jun 2015

ECJ Order – Appeals – Article 181 of the Rules of Procedure of the Court of Justice – Community word mark United Autoglas – Application for registration – Opposition proceedings – Earlier national figurative mark AUTOGLASS – Partial refusal to register – Appeal clearly inadmissible and clearly unfounded

C-579/14, [2015] EUECJ C-579/14 – CO, ECLI:EU:C:2015:374
Bailii

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.548120

Health Food Manufacturers’ Association and Others v Commission: ECFI 12 Jun 2015

Judgment – Consumer protection – Regulation (EU) No 432/2012 – Health claims made on foods – Actions for annulment – Regulatory act not entailing implementing measures – Whether directly concerned – Admissibility – Infringement of Articles 13 and 28 of Regulation (EC) No 1924/2006 – Principle of good administration – Non-discrimination – Incorrect assessment criteria – Regulation No 1924/2006 – Plea of illegality – Right to be heard – Legal certainty – Unreasonable transition period – List of claims on hold

T-296/12, [2015] EUECJ T-296/12
Bailii
Regulation (EC) No 1924/2006 13 28, Regulation (EU) No 432/2012

European, Consumer

Updated: 30 December 2021; Ref: scu.548119

McCullough v Cedefop: ECFI 11 Jun 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the award of public contracts and the conclusion of the ensuing contracts – Request seeking the production of documents in the context of criminal proceedings – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of the decision-making process

T-496/13, [2015] EUECJ T-496/13, ECLI:EU:T:2015:374
Bailii
Regulation (EC) No 1049/2001

European

Updated: 30 December 2021; Ref: scu.548123

Lisboagas GDL v Autoridade Tributaria e Aduaneira: ECJ 11 Jun 2015

ECJ Judgment – References for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 9, 73, 78, first paragraph, point (a), and 79, first paragraph, point (c) – Taxable amount – Inclusion of the amount of municipal land use taxes paid by the company holding the concession for the gas distribution network in the taxable amount for VAT applicable to supplies of services made by that company to the company responsible for marketing the gas

C-256/14, [2015] EUECJ C-256/14, ECLI:EU:C:2015:387
Bailii
Directive 2006/112/EC

European, VAT

Updated: 30 December 2021; Ref: scu.548122

Giovanni Cosmetics v OHMI – Vasconcelos and Goncalves (Giovanni Galli): ECFI 3 Jun 2015

ECJ Judgment (Extracts) – Community trade mark – Opposition proceedings – Application for Community figurative mark GIOVANNI GALLI – Earlier Community word mark GIOVANNI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Distinctive character of a first name and a surname)

T-559/13, [2015] EUECJ T-559/13, ECLI:EU:T:2015:353
Bailii
Regulation (EC) No 207/2009
European

Intellectual Property

Updated: 30 December 2021; Ref: scu.547697

BP v FRA: ECFI 3 Jun 2015

ECJ Judgment – Appeal – Civil service – Member of the contract staff – Staff of the European Union Agency for Fundamental Rights – Non-renewal of a fixed-term contract for an indefinite period – Right to be heard – Reassignment to another department until expiry of the contract -Assessment of the facts – Distortion of the clear sense of the evidence – Obligation to state reasons

T-658/13, [2015] EUECJ T-658/13, ECLI:EU:T:2015:356
Bailii
European

Employment

Updated: 30 December 2021; Ref: scu.547689

Brune v Commission: ECJ 19 May 2015

Judgment – Public service – Open competition EPSO / AD / 26/05 – Non-inclusion on the reserve list – Cancellation by the Court – Article 266 TFEU – Organization of a new oral test – candidate Refusal to participate – New decision not to include the candidate on the reserve list – Action for annulment – Rejection – Confirmation on appeal from the judgment of the Tribunal – Application for compensation later – Compliance reasonable time

F-59/14, [2015] EUECJ F-59/14, ECLI:EU:F:2015:50
Bailii

European

Updated: 30 December 2021; Ref: scu.547035

Verder Labtec GmbH and Co. KG v Finanzamt Hilden: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Taxation – Freedom of establishment – Article 49 TFEU – Restrictions – Staggered recovery of tax on unrealised capital gains – Preservation of allocation of powers of taxation between Member States – Proportionality

C-657/13, [2015] EUECJ C-657/13, ECLI:EU:C:2015:331
Bailii
European

European, Capital Gains Tax

Updated: 30 December 2021; Ref: scu.547051

Urb Rulmenti Suceava v OHMI – Adiguzel (URB): ECFI 21 May 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Figurative Community trade mark URB – Application for the earlier national mark URB, earlier national collective word mark URB, earlier national collective figurative mark URB and earlier international figurative marks URB – Absolute ground for refusal – No bad faith on the part of the proprietor of the Community trade mark – Article 52(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No authorisation by the proprietor of the earlier marks – Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 – No infringement of Articles 22(3) and 72(1) of Regulation No 207/2009

S. Papasavvas (Rapporteur), P
T-635/14, [2015] EUECJ T-635/14
Bailii
Regulation No 207/2009
European

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.547050

Finanzamt Ulm v Wagner-Raith: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Free movement of capital – Derogation – Movement of capital involving the provision of financial services – National legislation providing for flat-rate taxation of investment income from holdings in foreign investment funds – Black funds

C-560/13, [2015] EUECJ C-560/13, ECLI:EU:C:2015:347
Bailii
European

European

Updated: 30 December 2021; Ref: scu.547052

Suomen Palvelutaksit And Oulun Taksipalvelut: ECJ 21 May 2015

Judgment – Preliminary reference – Public procurement – Directive 2004/18 / EC – Article 1, paragraph 4 – Service concession – Definition – Contract assembly between a social security authority and taxi companies planning electronic procedure for direct compensation for transport costs the insured and a reservation system of transport

C-269/14, [2015] EUECJ C-269/14
Bailii
European

European

Updated: 30 December 2021; Ref: scu.547047

Rosselle v Institut national d’assurance maladie-invalidite and Others: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 92/85/EEC – Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Article 11(2) and (4) – Established public servant assigned non-active status for personal reasons in order to work as a salaried employee – Refusal to grant her a maternity allowance on the ground that she has not completed, as a salaried employee, the minimum contribution period required in order to be eligible to receive certain social benefits

C-65/14, [2015] EUECJ C-65/14
Bailii
Directive 92/85/EEC
European

European

Updated: 30 December 2021; Ref: scu.547044

Ministre delegue, charge du budget v Pazdziej: ECJ 21 May 2015

ECJ Judgment – Reference for a preliminary ruling – Protocol on the Privileges and Immunities of the European Union – Article 12, second paragraph – Tax levied for the benefit of local authorities on person having the use of or having at their disposal residential premises in their area – Upper limit – Social policy measure – Taking into account salaries, wages and emoluments paid by the European Union to its officials and other servants

C-349/14, [2015] EUECJ C-349/14, ECLI:EU:C:2015:338
Bailii
European

European

Updated: 30 December 2021; Ref: scu.547043

Bischoff v Commission: ECJ 18 May 2015

ECJ Judgment – Public service – Officials – Last compulsory retirement – Article 23, paragraph 1, of Annex XIII of the Staff Regulations – Retirement age for retirement – Refusal to extend the period of activity – Article 52, second paragraph, Status – Interest of the service

F-36/14, [2015] EUECJ F-36/14, ECLI:EU:F:2015:48
Bailii

European

Updated: 30 December 2021; Ref: scu.546897

Granette and Starorezn Distilleries v OHMI – Bacardi: ECFI 19 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for figurative mark 42 VODKA VODKA Jemna VYRABENA JEDINECNOU technologii 42% vol. – Earlier international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-607/13, [2015] EUECJ T-607/13
Bailii
England and Wales

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546900

Statul roman v Vararu: ECJ 7 May 2015

ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination in matters of social security – Calculation of the amount of allowances for dependent children – Lack of implementation of the right of Union – Manifest lack of jurisdiction of the Court

C-496/14, [2015] EUECJ C-496/14 – CO, ECLI: EU: C: 2015: 312
Bailii

European

Updated: 30 December 2021; Ref: scu.546904

Dupre v EEAS: ECJ 18 May 2015

ECJ Judgment – Public service – Staff of the EEAS – Temporary staff – Article 98 of the statute – Article 2 e) of the CEOS – Commitment Agreement – Rankings – Plea of ??illegality of the vacancy notice – grade AD 5 Open My Computer staff from national diplomatic services and officials of grade AD 5 to AD 14 – Principle of correspondence between grade and post – Default stop

F-11/14, [2015] EUECJ F-11/14
Bailii

European

Updated: 30 December 2021; Ref: scu.546899

Diputacion Foral De Bizkaia v Commission: ECFI 19 May 2015

ECJ Judgment – State aid – Construction – Help the Spanish authorities in favor of the company Habidite – Agreements concluded for the implementation of a building modules factory and delivery of modular homes produced by this factory – Decision declaring illegal aid – Decision declaring the aid partly compatible and partly incompatible with the internal market – prior notification of fault – Rights of the defense – Obligation to state reasons

Mme M. Martins Ribeiro (Rapporteur), P
T-397/12, [2015] EUECJ T-397/12, ECLI: EU: T: 2015: 291
Bailii

European, Construction

Updated: 30 December 2021; Ref: scu.546898

Pohjanmaki v Council: ECJ 18 May 2015

ECJ Judgment – Public service – Officials – Promotion – Consideration of comparative merits – Respective roles of the appointing authority and the CCP – Absence of staff reports – Consultation of staff reports Failure by the members of the CCP – Compatibility with Rapporteur the CCP and former assessor – Manifest error of assessment – Seniority in grade – level of responsibilities exercised – Duty of care

F-44/14, [2015] EUECJ F-44/14
Bailii

European

Updated: 30 December 2021; Ref: scu.546902

Pondiche v Statul roman: ECJ 7 May 2015

ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – The granting of allowances for dependent children – Determination of the applicable law according to the date of the child’s birth and not on the date of its design – Lack of implementation of Union law – Clear lack of jurisdiction of the Court ‘

C-608/14, [2015] EUECJ C-608/14 – CO, ECLI: EU: C: 2015: 313
Bailii

European, Human Rights

Updated: 30 December 2021; Ref: scu.546903

Gyarmathy v EMCDDA: ECJ 18 May 2015

ECJ Judgment – Civil service – EMCDDA staff – Temporary staff – Decision not to renew a contract of employment – Psychological harassment – Request for assistance – Administrative inquiry – Judgment by default – Examination of the admissibility of the application – Act adversely affecting the applicant – Inadmissibility – Allocation of costs

F-79/13, [2015] EUECJ F-79/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546901

Harper Hygienics v OHMI – Clinique Laboratories (Cleanic Kindii): ECFI 13 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark CLEANIC Kindii – Earlier Community word marks CLINIC – Relative grounds for refusal – Likelihood of confusion – Similarity of goods and services – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the earlier marks – Article 8, paragraph 5 of Regulation No 207/2009

T-364/12, [2015] EUECJ T-364/12, ECLI: EU: T: 2015: 277
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546603

Gazprom v Lietuvos Respublika: ECJ 13 May 2015

ECJ Judgment – Grand Chamber – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Scope – Arbitration – Not included – Recognition and enforcement of foreign arbitral awards – Order issued by an arbitral tribunal having its seat in a Member State – Order that proceedings not be brought or continued before a court of another Member State – Power of the courts of a Member State to refuse to recognise the arbitral award – New York Convention

V. Skouris, P
C-536/13, [2015] EUECJ C-536/13, ECLI:EU:C:2015:316
Bailii

European, Arbitration

Updated: 30 December 2021; Ref: scu.546600

Harper Hygienics v OHMI – Clinique Laboratories (Cleanic Intimate): ECFI 13 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark CLEANIC intimate – Earlier Community word marks CLINIC – Relative grounds for refusal – Likelihood of confusion – Similarity of goods and services – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the earlier marks – Article 8, paragraph 5 of Regulation No 207/2009

T-363/13, [2015] EUECJ T-363/13
Bailii

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546602

Group Nivelles v OHMI – Easy Sanitairy Solutions (shower drain gutter): ECFI 13 May 2015

ECJ Judgment – Community design – Invalidity proceedings – Registered model representing a shower drain gutter – Drawing earlier design – Grounds for invalidity – New – Individual character – Visible features of prior design – Products concerned – Articles 4-7, 19 and Article 25 paragraph 1 b) of Regulation (EC) No 6/2002

T-15/13, [2015] EUECJ T-15/13, ECLI: EU: T: 2015 281
Bailii

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546601

Niki Luftfahrt v Commission – T-162/10: ECFI 13 May 2015

ECJ Judgment – Competition – Concentrations – Air transport – Decision declaring a concentration compatible with the common market – Assessment of the effects of the transaction on competition – Commitments

D. Gratsias, P
T-162/10, [2015] EUECJ T-162/10, ECLI: EU: T: 2015: 283
Bailii

European, Commercial, Transport

Updated: 30 December 2021; Ref: scu.546606

Niki Luftfahrt v Commission: ECFI 13 May 2015

ECJ Judgment – State aid – Restructuring aid granted by Austria in favor of Austrian Airlines Group – Decision declaring the aid compatible with the common market, subject to certain conditions – Privatisation Austrian Airlines Group – Determining the beneficiary aid – Guidelines on State aid for rescuing and restructuring firms in difficulty

T-511/09, [2015] EUECJ T-511/09, ECLI: EU: T: 2015: 284
Bailii

European

Updated: 30 December 2021; Ref: scu.546607

Rabal Canas v Nexea Gestion Documental S: ECJ 13 May 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant

T. von Danwitz, P
C-392/13, [2015] EUECJ C-392/13, ECLI:EU:C:2015:318
Bailii
Directive 98/59/EC

European, Employment

Updated: 30 December 2021; Ref: scu.546608

Ferring v OHMI – Kora (Koragel): ECFI 13 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Koragel – Earlier Community word mark CHORAGON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-169/14, [2015] EUECJ T-169/14, ECLI:EU:T:2015:280
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546599

Technion And Technion Research and Development Foundation v Commission: ECFI 12 May 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents considered in the context of a financial audit of the implementation of certain research contracts under the Sixth Framework Programme for actions research, technological development and demonstration – Refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – Duty to carry out a concrete and individual examination – Overriding public interest ‘

H. Kanninen, P
T-480/11, [2015] EUECJ T-480/11
Bailii
Regulation (EC) No 1049/2001

European

Updated: 30 December 2021; Ref: scu.546609

Lyttle And Others v Bluebird UK Bidco 2 Limited: ECJ 13 May 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant

T. von Danwitz, P
C-182/13, [2015] EUECJ C-182/13, ECLI:EU:C:2015:317
Bailii
Directive 98/59/EC 1(1)(a)

European, Employment

Updated: 30 December 2021; Ref: scu.546605

Union De Almacenistas De Hierros De Espana v Commission: ECFI 12 May 2015

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to two national procedures relating to competition – Documents submitted to the Commission by a national competition authority in the framework of cooperation under the provisions of the law of Union – Refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – Exception relating to the protection of commercial interests of a third – Institution No obligation concerned to carry out a concrete, individual examination of the content of the documents covered in the application for access when the investigation at issue is finally closed – No need for a measure of organization of procedure requesting the production of documents in question – Failure to take into account the particular circumstances of the applicant

Mme M. Martins Ribeiro, P
T-623/13, [2015] EUECJ T-623/13
Bailii
Regulation (EC) No 1049/2001

European

Updated: 30 December 2021; Ref: scu.546610

Czech Republic v Commission: ECFI 12 May 2015

ECJ Judgment – System of traditional specialities guaranteed – Regulation (EU) No 1151/2012 – Rejection of the request for registration of the name ‘pomazankove maslo’ (spreadable butter) as a traditional specialisation guaranteed – Relationship with the provisions of Regulation (EC) No 1234/2007 specifying the conditions for the use of the sales description ‘butter’

T-51/14, [2015] EUECJ T-51/14, ECLI:EU:T:2015:269
Bailii
Regulation (EU) No 1151/2012, Regulation (EC) No 1234/2007

European

Updated: 30 December 2021; Ref: scu.546593

Dalli v Commission: ECFI 12 May 2015

ECJ Judgment – Member of the Commission – OLAF investigation – Alleged oral decision of the President of the Commission to require the resignation of the person concerned – Action for annulment – No actionable measure – Inadmissibility – Action for damages

M. Jaeger, P
T-562/12, [2015] EUECJ T-562/12, ECLI:EU:T:2015:270
Bailii

European

Updated: 30 December 2021; Ref: scu.546594

Deutsche Post v OHMI – PostNL Holding (TPG Post): ECFI 13 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark TPG POST – Earlier national and Community word marks and Deutsche Post POST – Relative ground for refusal – No likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-102/14, [2015] EUECJ T-102/14, ECLI: EU: T: 2015 279
Bailii
Regulation (EC) No 207/2009

European

Updated: 30 December 2021; Ref: scu.546595

easyGroup IP Licensing v OHMI – TUI (Easyair-Tours): ECFI 13 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark easyAir-tours – Earlier national figurative mark airtours Ticket Factory – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity between the signs – No likelihood of confusion – Power to alter decisions – Article 65(3) of Regulation No 207/2009

T-608/13, [2015] EUECJ T-608/13, ECLI:EU:T:2015:282
Bailii

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546598

Mustang v OHMI – Decathlon (Trait Ondule): ECFI 15 Mar 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark representing a wavy – Earlier national and international figurative marks representing a wavy white on black – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8 paragraph 1, sub b) of Regulation (EC) No 40/94 [now Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009]

T-379/08, [2012] EUECJ T-379/08
Bailii
European

Intellectual Property

Updated: 30 December 2021; Ref: scu.452248

Sibilio v Comune di Afragola: ECJ 15 Mar 2012

ECJ Social policy – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Directive 1999/70/EC – Clause 2 – Meaning of” a contract or employment relationship defined by legislation, collective agreements or practices in each Member State ‘- Scope of the Framework Agreement – Clause 4, paragraph 1 – Principle of non-discrimination – People performing ‘socially useful work’ with government – National legislation precluding existence of an employment relationship – National legislation establishing a difference between the allowance paid to socially useful workers and the remuneration received by the fixed-term workers and / or indefinite committed by the same administration and performing the same activities

Lohmus P
C-157/11, [2012] EUECJ C-157/11
Bailii
Directive 1999/70/EC
European

European

Updated: 30 December 2021; Ref: scu.452249

Voss of Norway v OHIM: ECJ 7 May 2015

ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – Absolute ground for refusal – No distinctive character – Three-dimensional sign consisting of the shape of a cylindrical bottle

S. Rodin, P
C-445/13, [2015] EUECJ C-445/13, ECLI:EU:C:2015:303
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546461

Cosmowell v OHMI – Haw Par (Gelenkgold): ECFI 7 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark GELENKGOLD – Earlier Community figurative mark representing a tiger – Relative ground for refusal – Likelihood of confusion – Alteration of the distinctive character of the earlier mark – Similarity of the signs phonetically – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

G. Berardis (Rapporteur), P
T-599/13, [2015] EUECJ T-599/13, ECLI: EU T: 2015 262
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546460

Spa Monopole v OHMI – Orly International (Sparitual): ECFI 5 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for registration of the word mark SPARITUAL – Earlier Benelux figurative and word marks SPA and LES THERMES DE SPA – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009

M.E. Martins Ribeiro, P
T-131/12, [2015] EUECJ T-131/12
Bailii
Regulation (EC) No 207/2009 8(5)

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546236

Spain v Parliament And Council: ECJ 5 May 2015

ECJ Judgment – Action for annulment – Implementing enhanced cooperation – Creation of unitary patent protection – Regulation (EU) No 1257/2012 – First paragraph of Article 118 TFEU – Legal basis – Article 291 TFEU – Delegation of powers to bodies outside the European Union – Principles of autonomy and uniform application of EU law

C-146/13, [2015] EUECJ C-146/13
Bailii
Regulation (EU) No 1257/2012, TFEU 291 118

European

Updated: 30 December 2021; Ref: scu.546238

Spain v Council: ECJ 5 May 2015

Judgment – Action for annulment – Implementing enhanced cooperation – Unitary patent – Regulation (EU) No 1260/2012 – Provisions concerning translation – Principle of non-discrimination – Article 291 TFEU – Delegation of powers to bodies outside the European Union – Second paragraph of Article 118 TFEU – Legal basis – Principle of autonomy of EU law

C-147/13, [2015] EUECJ C-147/13
Bailii
Regulation (EU) No 1260/2012, TFEU 291

European

Updated: 30 December 2021; Ref: scu.546237

Tecalan v OHMI – Ensinger (Tecalan): ECFI 30 Apr 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark Tecalan – Earlier Community word mark TECADUR – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

A. Dittrich, P
T-100/14, [2015] EUECJ T-100/14, ECLI: EU: T: 2015 251
Bailii
Regulation (EC) No 207/2009 8

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546228

Sison v Council (Common Foreign And Security Policy): ECJ 23 Nov 2011

ECJ Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 – Annulment by a judgment of the General Court of a measure freezing funds – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals

N.J. Forwood (Rapporteur), P
[2011] EUECJ T-341/07
Bailii
Regulation (EC) No 2580/2001, Common Position 2001/931/CFSP
Citing:
Opinion – Sison v Council (Common Foreign And Security Policy) ECFI 30-Sep-2009
ECJ Common foreign and security policy Restrictive measures against certain persons and entities with a view to combating terrorism Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 Actions for . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 30 December 2021; Ref: scu.546209

Steinbeck v OHMI – Alfred Sternjakob (Be Happy): ECFI 30 Apr 2015

ECJ (Judgment) Community trade mark – Invalidity proceedings – Community word marks BE HAPPY- absolute refusal Reason – Lack of distinctive character – Article 52, paragraph 1 a) and Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
ECJ (Judgment) Community trade mark – Invalidity proceedings – Community word marks BE HAPPY- absolute refusal Reason – Lack of distinctive character – Article 52, paragraph 1 a) and Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

A. Dittrich, P
T-707/13, [2015] EUECJ T-707/13, ECLI:EU:T:2015:252
Bailii
Regulation (EC) No 207/2009 7

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546227

Total and Elf Aquitaine v Commission: ECJ 29 Apr 2015

ECJ (Judgment) Competition – Market for methacrylates – Fines – Joint and several liability of parent companies and their subsidiary for the unlawful conduct of the latter – immediate and full payment of the fine by the subsidiary – Reduction of the fine for the subsidiary at Following a judgment of the Tribunal – Commission letters requiring parent companies paying the amount refunded by the latter to the subsidiary, together with default interest – Action for annulment – Actionable measure – Admissibility – Default interest ‘

M. Prek, P
[2015] EUECJ T-470/11
Bailii

European

Updated: 30 December 2021; Ref: scu.546207

Hitachi Chemical Europe And Others v ECHA: ECFI 30 Apr 2015

ECJ (Judgment) REACH – Identification of certain respiratory sensitisers as substances of very high concern – Equivalent level of concern – Action for annulment – Whether directly concerned – Admissibility – Rights of the defence – Proportionality

A. Dittrich (Rapporteur), P
T-135/13, [2015] EUECJ T-135/13, ECLI:EU:T:2015:253
Bailii

European

Updated: 30 December 2021; Ref: scu.546223

Polynt And Sitre v ECHA: ECFI 30 Apr 2015

ECJ (Judgment) REACH – Identification of certain respiratory sensitisers as substances of very high concern – Equivalent level of concern – Action for annulment – Whether directly concerned – Admissibility – Rights of the defence – Proportionality

A. Dittrich (Rapporteur), P
T-134/13, [2015] EUECJ T-134/13, ECLI:EU:T:2015:254
Bailii

European

Updated: 30 December 2021; Ref: scu.546225

Commission v Germany (Freedom To Provide Services): ECJ 21 Jan 2010

ECJ Failure of a Member State to fulfil obligations Freedom to provide services Article 49 EC Annex XII to the Act of Accession List referred to in Article 24 of the Act of Accession: Poland Chapter 2, paragraph 13 Possibility of derogation by the Federal Republic of Germany from the first paragraph of Article 49 EC ‘Standstill’ clause Agreement of 31 January 1990 between the Government of the Federal Republic of Germany and the Government of the Republic of Poland on the posting of workers from Polish undertakings to carry out works contracts Exclusion of the possibility for undertakings established in other Member States to conclude works contracts with Polish undertakings for work to be carried out in Germany Extension of the restrictions existing at the date of signature of the Treaty of Accession relating to the access of Polish workers to the German labour market

[2010] EUECJ C-546/07
Bailii
Citing:
Opinion – Commission v Germany (Freedom To Provide Services) ECJ 10-Jan-2009
ECJ Opinion – Failure of a Member State to fulfil obligations Infringement of Article 49 EC and Paragraph 13 of Chapter 2 of Annex XII to the 2003 Act of Accession Interpretation and application by the national . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 30 December 2021; Ref: scu.546208

Petropars Iran And Others v Council: ECFI 5 May 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Error of assessment – Plea of illegality – Right to conduct business – Right to property – Protection of public health, security and the environment – Precautionary principle – Proportionality – Rights of defence

M. Jaeger, P
T-433/13, [2015] EUECJ T-433/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546232

Skype v OHMI – Sky And Sky Ip International (Skype): ECFI 5 May 2015

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

H. Kanninen, P
T-423/12, [2015] EUECJ T-423/12
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546235

VTZ And Others v Council: ECFI 30 Apr 2015

ECJ (Judgment) Dumping – Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine – Definitive anti-dumping duty – Expiry review – Likelihood of recurrence of injury – European Union interest – Manifest error of assessment – Obligation to state reasons

A. Dittrich, P
T-432/12, [2015] EUECJ T-432/12, ECLI:EU:T:2015:248
Bailii

European

Updated: 30 December 2021; Ref: scu.546230

Lidl Stiftung v OHMI – Horno Del Espinar (Castello): ECFI 5 May 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the figurative Community mark Castello – Earlier national figurative mark ‘Castello’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation No (EC) 207/2009 – Right to be heard – Second sentence of Article 75 of Regulation No 207/2009

M.E. Martins Ribeiro, P
T-715/13, [2015] EUECJ T-715/13
Bailii

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546231

CC v Parliament: ECJ 29 Apr 2015

ECJ (Judgment) Appeal – Cross-appeal – Staff case – Open competition – Errors in managing the winners – Non-contractual liability – Pecuniary – Legitimate expectations – Distortion of the facts – Loss of opportunity – pecuniary damage – Obligation to state reasons

M. Jaeger, P
[2015] EUECJ T-457/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546194

Bundesrepublik Deutschland v Nordzucker AG: ECJ 29 Apr 2015

(Judgment) Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme in the European Union – Determination of the extent of the obligation to surrender allowances – Penalties – Article 16(1) and (3)

R. Silva de Lapuerta, P
[2015] EUECJ C-148/14
Bailii
Directive 2003/87/EC

European, Environment

Updated: 30 December 2021; Ref: scu.546203

Hostel Tourist World v OHMI – WRI Nominees (HosteltouristworldCom): ECJ 29 Apr 2015

ECJ (Judgment) Community trade mark – Invalidity proceedings – Community figurative mark HostelTouristWorld.com – Earlier international word mark HOSTELWORLD.COM – Relative ground for refusal -Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Character Minimum inherent distinctive the earlier mark – Likelihood of confusion ‘

M Prek Rap, P
[2015] EUECJ T-566/13
Bailii
Regulation (EC) No 207/2009 8

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546199

Commission v Council: ECJ 28 Apr 2015

ECJ (Judgment) Action for annulment – Mixed international agreements – Decision authorising the signing of those agreements and providing for their provisional application – Decision of the Council and of the Representatives of the Governments of the Member States meeting within the Council – Autonomy of the EU legal order – Participation of the Member States in the procedure and decision provided for in Article 218 TFEU – Voting arrangements within the Council

V. Skouris, P
[2015] EUECJ C-28/12
Bailii

European

Updated: 30 December 2021; Ref: scu.546198

Todorova Androva v Council: ECJ 29 Apr 2015

ECJ (Judgment) Public service – Promotion – Promotion year 2011 – Non-inclusion on the list of officials eligible for promotion – Article 45 of the Statute – Seniority two years in the grade – Failure to take into account the period of employment completed as agent temporary – Difference in treatment due to the legal nature of the commitment of the workers – Directive 1999/70 / EC – Framework agreement ETUC, UNICE and CEEP on the work of indefinite duration – Clause 4 – rely on them – Exclusion

[2015] EUECJ F-78/12
Bailii

European

Updated: 30 December 2021; Ref: scu.546206

Chair Entertainment Group v OHMI – Libelle (Shadow Complex): ECJ 29 Apr 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for the Community word mark SHADOW COMPLEX – Earlier Community word mark BusinessShadow – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

[2015] EUECJ T-717/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 30 December 2021; Ref: scu.546195

T and L Sugars and Sidul Acucares v Commission: ECJ 28 Apr 2015

ECJ (Judgment) Appeal – Action for annulment – Article 263, fourth paragraph, TFEU – Right to bring an action – Locus standi – Natural or legal persons – Regulatory act not entailing implementing measures – Act of individual concern to the appellants – Right to effective judicial protection – Exceptional measures relating to the release of out-of-quota sugar and isoglucose on the European Union market – Marketing year 2010/2011

[2015] EUECJ C-456/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546205

Leger v Ministre des Affaires sociales, de la Sante et des Droits des femmes: ECJ 29 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Public health – Directive 2004/33/EC – Technical requirements relating to blood and blood components – Blood donation – Eligibility criteria for blood donors – Criteria for permanent or temporary deferral – Persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that can be transmitted by blood – Man who has had sexual relations with another man – Charter of Fundamental Rights of the European Union – Articles 21(1) and 52(1) – Sexual orientation – Discrimination – Justification – Proportionality

L. Bay Larsen, P
[2015] EUECJ C-528/13
Bailii
Directive 2004/33/EC

European, Health

Updated: 30 December 2021; Ref: scu.546200

Changshu City Standard Parts Factory v Council: ECJ 29 Apr 2015

ECJ (Judgment) Dumping – Imports of certain iron or steel fasteners originating in China – Amendment of the regulation imposing a definitive anti-dumping duty – Article 2(10) and (11) of Regulation No 1225/2009 – Calculation of the dumping margin – Adjustments – Obligation to state reasons

M. Prek (Rapporteur), P
[2015] EUECJ T-558/12
Bailii
Regulation No 1225/2009

European

Updated: 30 December 2021; Ref: scu.546196

Staelen v Mediator: ECJ 29 Apr 2015

ECJ (Judgment) Non-contractual liability – Treatment by the Ombudsman with a complaint regarding the management of a list of suitable candidates for an open competition – Powers of investigation – Duty of care – Loss of opportunity – pecuniary damage

[2015] EUECJ T-217/11
Bailii

European

Updated: 30 December 2021; Ref: scu.546204

National Iranian Gas Company v Council: ECJ 29 Apr 2015

ECJ (Judgment) Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – of illegality – Error of law – Proportionality – Right to property – Competence Council – Obligation to state reasons – Rights of the defense – Review of restrictive measures – Right to effective judicial protection – Error of assessment

H. Kanninen, P
[2015] EUECJ T-9/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546201

Bank of Industry and Mine v Council: ECJ 29 Apr 2015

ECJ (Judgment) Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Time limit for bringing proceedings – Admissibility – Plea of ??illegality – Error law – Proportionality – Right to property – Competence of the Council – Obligation to state reasons – Rights of the defense – Review of restrictive measures – Right to effective judicial protection – Error of assessment

[2015] EUECJ T-10/13
Bailii

European

Updated: 30 December 2021; Ref: scu.546193

Deutsche Forschungs Und Versuchsanstalt Fuer Luft Und Raumfahrt EV v Hauptzollamt Stuttgart-West: ECJ 2 May 1985

Europa A commission decision which, in accordance with article 7(6) of regulation no 2784/75, is addressed to all the member states and which concerns the possibility of importing an apparatus as a scientific apparatus free of customs duties applies to all importations of apparatuses of the same type, unless the particular circumstances justify a different appraisal. That cannot be the case where the commission decision has declared that the apparatus in question is not a scientific apparatus within the meaning of article 3(1) of regulation no 1798/75.

R-81/84, [1985] EUECJ R-81/84
Bailii
European

European

Updated: 30 December 2021; Ref: scu.215311

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

Mengozzi AG
C-127/14, [2015] EUECJ C-127/14 – O, ECLI:EU:C:2015:176
Bailii
European
Cited by:
Opinion – Surmacs v Finansu un kapitala tirgus komisija ECJ 2-Sep-2015
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 . .

Lists of cited by and citing cases may be incomplete.

Banking

Updated: 30 December 2021; Ref: scu.551983

Auto- ja Kuljetusalan Tyontekijaliitto AKT ry v Oljytuote ry, Shell Aviation Finland Oy: ECJ 17 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 4(1) – Prohibitions or restrictions on the use of temporary agency work – Justification – Grounds of general interest – Obligation to review – Scope

V. Skouris, P
C-533/13, [2015] EUECJ C-533/13, ECLI:EU:C:2015:173
Bailii
Directive 2008/104/EC
European

European

Updated: 30 December 2021; Ref: scu.544342

Griesbeck v Parliament (Institutional Law – Judgment): ECFI 8 Sep 2021

Institutional law – Regulations concerning the expenses and allowances of Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Rights of the defense – Error of assessment – Proportionality

T-10/21, [2021] EUECJ T-10/21, ECLI:EU:T:2021:542
Bailii
European

European

Updated: 30 December 2021; Ref: scu.668098

Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa: SC 29 Apr 2015

The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European Court.
Held: The Court was now asked what connection must a foreign company have with the United Kingdom to entitle an English court to wind it up, if its centre of main interests is in another member state of the European Union. The answer depended on the meaning of two words, ‘economic activity’, in the Insolvency Regulation of 2000. The law had altered after the CA decision that the airline’s activities within the UK did not count.
Held: The appeal failed. The necessity for showing at least some subsisting business with third parties before the definition can be satisfied is acte clair, even if the exact nature of that business and the degree to which it must be visible to outsiders may be open to argument. Since in this case no external business at all was carried on from 11 Conduit Street, there is no point of principle calling for a reference.

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Reed, Lord Toulson
[2015] UKSC 27, [2015] WLR(D) 203, [2015] 2 All ER (Comm) 393, [2015] ILPr 42, [2015] 1 WLR 2399, [2015] BCC 404, [2015] 3 All ER 694, [2015] 1 BCLC 589, [2015] Pens LR 417, UKSC 2013/0158
Bailii, WLRD, Bailii Summary, SC, SC Summary
EU Regulation 1346/2000 3, Insolvency Act 1986 221
England and Wales
Citing:
At First Instance – Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa ChD 29-May-2012
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an . .
Appeal from – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
Cited – Shierson and Another v Tomlinson and Another CA 26-Mar-2002
A company had entered into a voluntary arrangement with its creditors, but subsequently went into liquidation. There was then a dispute as to the destination of sums held under the arrangement.
Held: Such arrangements created trusts. Whether . .
Cited – Trillium (Nelson) Properties Ltd v Office Metro Ltd ChD 9-May-2012
Winding-up petition in which the principal issue is whether or not Office Metro Limited can be wound up in this jurisdiction in the light of the fact that, despite its being an English registered company, its centre of main interest is in . .
Cited – Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA ECJ 20-Oct-2011
interedill2ECJ2011
ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International . .

Lists of cited by and citing cases may be incomplete.

European, Insolvency

Updated: 29 December 2021; Ref: scu.546150

Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: SC 29 Apr 2015

The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: The appal was allowed, amd andatory orders were made requiring the Secretary of State to prepare new air quality plans under article 23(1), in accordance with a defined timetable, to end with delivery of the revised plans to the Commission not later than 31 December 2015.

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2015] UKSC 28, UKSC 2012/0179
Bailii, Bailii Summary, SC, SC Summary
Directive 2008/50/EC
England and Wales
Citing:
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .
At First Instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
See Also – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
At ECJ – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 19-Nov-2014
ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality . .
Cited – Commission v United Kingdom (Judgment) ECJ 14-Jul-1993
ECJ 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission’ s initial failure to react to a communication addressed to it regarding the manner in which . .

Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 29 December 2021; Ref: scu.546148

Subdelegacion del Gobierno en Gipuzkoa – Extranjeria v Zaizoune: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Articles 6(1) and 8(1) – National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances

L. Bay Larsen (Rapporteur), P
C-38/14, [2015] EUECJ C-38/14
Bailii
Directive 2008/115/EC

European, Immigration

Updated: 29 December 2021; Ref: scu.546115

LG Display And LG Display Taiwan v Commission: ECJ 23 Apr 2015

ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU and Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of value of sales – Joint venture – Taking sales to parent companies into account – Notice on immunity from fines and reduction of fines in cartel cases (2002) – Point 23(b), final paragraph – Partial immunity from fines – Evidence of facts previously unknown to the Commission

A. O Caoimh (Rapporteur), P
C-227/14, [2015] EUECJ C-227/14
Bailii

European, Commercial

Updated: 29 December 2021; Ref: scu.546110

Property Development Company NV v Belgische Staat: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Taxation – Sixth VAT Directive – Article 11A – Application of goods treated as a supply for consideration – Application of a building for an activity exempt from VAT – Taxable amount for that application – Interim interest paid during the construction of the building

C-16/14, [2015] EUECJ C-16/14, ECLI:EU:C:2015:265
Bailii

European, VAT

Updated: 29 December 2021; Ref: scu.546111

Iglotex v Ohmi – Iglo Foods Group (Iglotex): ECFI 23 Apr 2015

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

G. Berardis (Rapporteur), P
T-282/13, [2015] EUECJ T-282/13, ECLI:EU:T:2015:226
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.546109