ECJ Judgment – Failure to fulfill obligations – State aid – ‘Campaign Plans’ – Area of ??fruit and vegetables – Help unlawful and incompatible with the internal market – Recovery – Failure
A Caoimh P
C-37/14, [2015] EUECJ C-37/14, ECLI: EU: C: 2015 90
Bailii
European
Updated: 28 December 2021; Ref: scu.543253
ECJ Order – Appeal – inadmissible Order issued by the Court of the European Union – Action for annulment brought by an individual – Failure of the European Commission to act on a complaint
C-327/14, [2015] EUECJ C-327/14 – CO, ECLI: EU: C: 2015: 99
Bailii
European
Updated: 28 December 2021; Ref: scu.543259
ECJ Judgment – Reference for a preliminary ruling – 2003 Act of Accession to the European Union – Annex IV – Chapter 2 – Specific Mechanism – Importation of a patented pharmaceutical product – Prior notification requirement
Ilesic P
C-539/13, [2015] EUECJ C-539/13, ECLI:EU:C:2015:87
Bailii
European
Updated: 28 December 2021; Ref: scu.543260
ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less than the old concessions – Restriction – Overriding reasons of general interest – Proportionality
Caoimh P
C-457/14, [2015] EUECJ C-457/14 – CO, ECLI: EU: C: 2015 98
Bailii
European
Updated: 28 December 2021; Ref: scu.543254
ECJ Judgment – Action for annulment – Directive 2013/51/Euratom – Choice of legal basis – EAEC Treaty – Articles 31 EA and 32 EA – FEU Treaty – Article 192(1) TFEU – Protecting human health – Radioactive substances in water intended for human consumption – Legal certainty – Sincere cooperation among the institutions
R. Silva de Lapuerta, P
C-48/14, [2015] EUECJ C-48/14, ECLI:EU:C:2015:91
Bailii
Directive 2013/51/Euratom
European, Utilities
Updated: 28 December 2021; Ref: scu.543262
ECJ Judgment – Reference for a preliminary ruling – Drug precursors – Monitoring of trade between the Member States – Regulation (EC) No 273/2004 – Monitoring of trade between the European Union and third countries – Regulation (EC) No 111/2005 – Concept of ‘scheduled substance’ – Substance ‘alpha-phenylacetoacetonitrile’ (APAAN) – Scheduled substance ‘1-phenyl-2-propanone’ (BMK)
T. von Danwitz, P
C-369/13, [2015] EUECJ C-369/13, ECLI:EU:C:2015:85
Bailii
Regulation (EC) No 273/2004
European
Updated: 28 December 2021; Ref: scu.543255
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark Solidfloor The professional’s choice – Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009
S. Papasavvas (Rapporteur), P
T-395/12, [2015] EUECJ T-395/12
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542610
ECJ Judgment – Community trade mark – Application for Community word mark LIFEDATA – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) and Article 75 of Regulation (EC) No 207/2009 – concrete assessment of fault – Obligation to state reasons
T-318/13, [2015] EUECJ T-318/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542612
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark QUARTODIMIGLIO QM – Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – No damage to reputation – Article 8(5) of Regulation No 207/2009
A. Dittrich, P
T-76/13, [2015] EUECJ T-76/13
Bailii
European
Updated: 27 December 2021; Ref: scu.542609
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark QUARTODIMIGLIO QM – Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – No damage to reputation – Article 8(5) of Regulation No 207/2009
A. Dittrich, P
T-505/12, [2015] EUECJ T-505/12
Bailii
Regulation No 207/2009 8(5) 8(1)(b)
European
Updated: 27 December 2021; Ref: scu.542608
ECJ Reference for a preliminary ruling – Determination of the social security legislation applicable to a worker – Regulation (EEC) No 1408/71 – Applicability – Employment of a national of a Member State at the consulate of a third State in the territory of another Member State in whose territory he resides – Vienna Convention on consular relations – Article 71(2) – National legislation according facilities, privileges and immunities to permanent residents
T. von Danwitz, P
[2015] EUECJ C-179/13, C-179/13
Bailii
Regulation (EEC) No 1408/71 71(2)
Citing:
Opinion – Raad van Bestuur van De Sociale Verzekeringsbank v Evans ECJ 19-Jun-2014
ECJ Opinion – Regulation (EEC) No 1408/71 – Determination of the legislation applicable to a worker in the field of social security – Applicability – Employment at the consulate of a non-Member State – Vienna . .
Lists of cited by and citing cases may be incomplete.
European, Benefits
Updated: 27 December 2021; Ref: scu.542613
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Klaes – Earlier Community figurative mark Klaes – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-453/13, [2015] EUECJ T-453/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542611
Laws, Patten, Floyd LJJ
[2015] EWCA Civ 83
Bailii
England and Wales
European, Company
Updated: 27 December 2021; Ref: scu.542511
ECJ Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re-utilisation – Localisation of the act of re-utilisation
R. Silva de Lapuerta, acting as P
[2012] EUECJ C-173/11, ECLI:EU:C:2012:642, [2013] FSR 4
Bailii
Directive 96/9/EC
Citing:
Opinion – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542507
ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user interface – Copyright – Directive 2001/29/EC – Copyrights and related rights in the information society – Television broadcasting of a graphic user interface – Communication of a work to the public
In issue was a graphic user interface which enabled a computer user to communicate with a computer program. The question referred was whether it was protected by the Software Directive.
Held: No, it was not. It was not ‘a form of expression of a computer program’.
[2010] EUECJ C-393/09, C-393/09, ECLI:EU:C:2010:816, [2011] FSR 18, [2011] ECDR 3
Bailii
Directive 91/250/EEC, Directive 2001/29/EC
Citing:
Opinion – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 14-Oct-2010
ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – . .
Cited by:
Cited – SAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542506
ECJ (Judgment (Extracts)) Consumer protection – Regulation (EU) No 15/2011 – lipophilic toxin detection methods in bivalve molluscs – Replacement of the method of mouse bioassay by liquid chromatography coupled to mass spectrometry in tandem ( LC-MS / MS) – Article 168 TFEU – Proportionality – Legitimate expectations
M Prek, P
T-204/11, [2015] EUECJ T-204/11, ECLI: EU:T:2015:91
Bailii
Regulation (EU) No 15/2011
European
Updated: 27 December 2021; Ref: scu.542504
ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Projects which must be made subject to an assessment – Exploratory drillings – Annex 1, No 14 – Concept of ‘extraction of petroleum and natural gas for commercial purposes’ – Obligation to conduct an assessment in the case of extraction of a certain quantity of gas -Annex II, No 2(d) – Concept of ‘deep drillings’ – Annex III, No 1 – Concept of ‘cumulation with other projects
R. Silva de Lapuerta, P
C-531/13, [2015] EUECJ C-531/13, ECLI:EU:C:2015:79
Bailii
Directive 85/337/EEC
European
Updated: 27 December 2021; Ref: scu.542503
ECJ Judgment – Reference for a preliminary ruling – Postal services – Directive 97/67/EC – Article 12 – Universal service provider – Quantity discounts – Application to intermediaries who consolidate postal items – Requirement of non-discrimination
R. Silva de Lapuerta, P
C-340/13, [2015] EUECJ C-340/13, ECLI:EU:C:2015:77
Bailii
Directive 97/67/EC
European
Updated: 27 December 2021; Ref: scu.542502
ECJ Judgment – Appeal – Civil service – Officials – Staff report – Prejudice – Partial rejection of the claim for damages in the first instance – Distortion of facts – Obligation to state reasons by the Court of Public Service – Proportionality – Breakdown of costs
M. Jaeger, P
T-7/14, [2015] EUECJ T-7/14, ECLI: EU: T : 2015: 79
Bailii
European
Updated: 27 December 2021; Ref: scu.542473
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark ANGIPAX – Earlier Community word mark ANTISTAX – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009
Mme M. Martins Ribeiro (Rapporteur), P
T-368/13, [2015] EUECJ T-368/13, ECLI: EU: T: 2015: 81
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542472
ECJ Judgment – Community trade mark – Application for Community word mark GLISTEN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009
H. Kanninen, P
T-648/13, [2015] EUECJ T-648/13, ECLI:EU:T:2015:83
Bailii
Regulation (EC) No 207/2009 7(1)(c)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542476
ECJ Appeal – State aid – Complaint – Decision to take no further action on the complaint – Withdrawal of the decision to take no further action – Conditions governing the lawfulness of withdrawal – Regulation (EC) No 659/1999
K. Lenaerts, P
[2010] EUECJ C-362/09, ECLI:EU:C:2010:783
Bailii
Citing:
Appeal from – Athinaiki Techniki v Commission (State Aid) ECJ 2-Sep-2010
ECJ Opinion – State aid – Complaint – Commission decision to take no further action on the complaint – Challengeable act – Commission’s revocation of the decision to take no further action – No indication of the . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 27 December 2021; Ref: scu.542332
Commercial transactions Directive 2000/35/EC – Combating of late payment Procedures for recovery of unchallenged claims
P. Jann, P
[2008] EUECJ C-265/07
Bailii
Directive 2000/35/EC
Citing:
Opinion – Caffaro Srl v Azienda Unita Sanitaria Locale RM/C ECJ 24-Apr-2008
ECJ Opinion – Law Relating To Undertakings – Directive 2000/35 Article 5, paragraph 1 – Fight against late payments in commercial transactions Recovery Procedure unchallenged claims – Delay in obtaining an . .
Lists of cited by and citing cases may be incomplete.
European, Commercial
Updated: 27 December 2021; Ref: scu.542331
ECJ Judgment – Right to move and reside freely within the territory of the Member States – Private international law relating to surnames Applicable law determined by nationality alone – Minor child born and resident in one Member State with the nationality of another Member State – Non-recognition in the Member State of which he is a national of the surname acquired in the Member State of birth and residence
V. Skouris, P
[2008] EUECJ C-353/06
Bailii
Citing:
Opinion – Grunkin and Paul v Grunkin-Paul and Standesamt Stadt Niebull ECJ 24-Apr-2008
ECJ (European Citizenship) Opinion Citizenship of the Union – Prohibition of discrimination on grounds of nationality Freedom of movement and residence – Personal names – Conflict of laws – Surname determined and . .
Lists of cited by and citing cases may be incomplete.
European, Children
Updated: 27 December 2021; Ref: scu.542329
‘When a pharmaceutical manufacturer markets the identical product in EU member state A under trade mark X and in EU member state B under trade mark Y, in what circumstances can a parallel importer take the goods (marked X) from state A to state B and re-brand them with mark Y? ‘
Arden, Floyd, Bean LJ
[2015] EWCA Civ 54
Bailii
England and Wales
Intellectual Property, European
Updated: 27 December 2021; Ref: scu.542304
ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark Moon – Causes of absolute nullity – Descriptive character – Lack of distinctive character – Article 52, paragraph 1 a) and Article 7, paragraph 1, b) and c) Regulation (EC) No 207/2009
T-374/13, [2015] EUECJ T-374/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542290
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark APRO – Earlier national figurative mark B-PRO by Boomerang, earlier Community word mark PRO MOUNTAIN and applications for earlier Community figurative and word marks B-PRO by Boomerang and PRO OUTDOOR – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
T-372/12, [2015] EUECJ T-372/12
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542288
ECJ Judgment – Reference for a preliminary ruling – Social security – Conditions governing eligibility for unemployment benefit in a Member State – Taking into account periods of work completed as a member of the contract staff of an institution of the European Union which is established in that Member State – Treatment of days of unemployment for which an allowance is paid under the Conditions of Employment of Other Servants of the European Communities as working days – Principle of sincere cooperation
Ilesic P
C-647/13, [2015] EUECJ C-647/13, ECLI:EU:C:2015:54
Bailii
European, Benefits
Updated: 27 December 2021; Ref: scu.542258
FTTGC (i) Whether the requested information was exempt from disclosure by virtue of s.27 (1)(b) of FOIA because its disclosure would or would be likely to Prejudice relations between the United Kingdom and an international organization, namely the Commission of the European Union and
ii) Whether, if the answer to (i) was ‘yes’, the public interest was shown to favour withholding it.
(iii) Whether the requested information was exempt by virtue of s.35 (1) (a) because it related to the formulation or development of government policy and
(iv) Whether, if it did, the public interest was shown to favour withholding it.
Held: The Tribunal concludes that neither of the exemptions relied on is engaged. It therefore allows the appeal.
The Tribunal requires the Department of Work and Pensions to provide the requested information, namely the cited letter of August, 2013, to the Appellant, Sir Roger Gale MP, within twenty – eight days of the publication of this decision.
[2015] UKFTT 2014 – 0197 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Information, European
Updated: 27 December 2021; Ref: scu.542200
ECJ (Judgment) Community trade mark – Application for Community word mark Winder Controls – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7, paragraph 1, c) and b) and Article 7, paragraph 2 of Regulation (EC) No 207/2009 – Article 135 bis of the Tribunal’s Rules of Procedure – Request for Hearing formed early in the Application
Frimodt S. Nielsen, P
T-593/13, [2015] EUECJ T-593/13, ECLI: EU: T: 2015: 58 [ 2015] EUECJ T-593/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542054
FTTTx Value Added Tax – Purchase of Apple iPhones by Appellant through 80 employees who bought small quantities from Apple retail stores either in their own individual names or more usually in false names or without giving any name, and never openly on behalf of the Appellant – Effect of section 47(2A) VAT Act 1994 – Whether HMRC’s refusal to accept other evidence, in the absence of valid VAT invoices, to constitute sufficient evidence of the supply of the phones to the Appellant was reasonable – Whether section 47(2A) VAT Act 1994 complies with the provision in Article 14.2 (c) of the EC Directive 2006/112/EC and whether this issue should be referred to the ECJ – Appeal dismissed
[2015] UKFTT 0036 (TC)
Bailii
VAT Act 1994 47(2A), EC Directive 2006/112/EC 14.2
England and Wales
VAT, European
Updated: 27 December 2021; Ref: scu.542046
ECJ (Judgment) Community trade mark – Application for Community figurative mark ‘SPIN BINGO’ – Earlier Community word mark ‘ZITRO SPIN BINGO’- Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/200
M. van der Woude (Rapporteur), P
T-665/13, [2015] EUECJ T-665/13, ECLI:EU:T:2015:55
Bailii
Regulation (EC) No 207/200 8(1)(b)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542013
(Judgment) Community trade mark – Application for the Community word mark INVESTING FOR A NEW WORLD – Mark consisting of an advertising slogan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009)
G. Berardis (Rapporteur), P
T-59/14, [2015] EUECJ T-59/14, ECLI:EU:T:2015:56
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.542011
ECJ Judgment – Community trade mark – Community trade mark consisting of a gradient of five shades of green color – Absolute ground for refusal – Distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Reclassification of the mark – Article 43, paragraph 2 of Regulation No 207/2009
M. Prek, P
T-655/13, [2015] EUECJ T-655/13, ECLI: EU: T: 2015: 49
Bailii
Regulation No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541969
ECJ Judgment – Competition – Administrative procedure – European market in hydrogen peroxide and perborate – Publication of a decision finding an infringement of Article 81 EC – Rejection of a request for confidential treatment of information provided to the Commission under the Leniency Notice – Obligation to state reasons – Privacy – Professional secrecy – Legitimate expectations
S. Papasavvas, P
T-341/12, [2015] EUECJ T-341/12, ECLI: EU: T: 2015: 51
Bailii
European
Updated: 27 December 2021; Ref: scu.541970
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark AquaPerfect – Earlier Community word mark waterPerfect – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
S. Papasavvas (Rapporteur), P
T-123/14, [2015] EUECJ T-123/14, ECLI:EU:T:2015:52
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541968
ECJ Judgment – Community design – Invalidity proceedings – Registered Community design representing an advertising article – Earlier Community designs – Grounds for invalidity – Novelty – Individual character – Informed user – Degree of freedom of the designer – Different overall impression – Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
S. Papasavvas P
T-41/14, [2015] EUECJ T-41/14, ECLI:EU:T:2015:53
Bailii
Regulation (EC) No 6/2002 25(1)(b)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541967
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark KENZO – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009 – Late submission of documents – Discretion of the Board of Appeal – Article 76(2) of Regulation No 207/2009
M. van der Woude, P
T-393/12, [2015] EUECJ T-393/12
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541746
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark KENZO – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009 – Late submission of documents – Discretion of the Board of Appeal – Article 76(2) of Regulation No 207/2009
M. van der Woude, P
T-322/13, [2015] EUECJ T-322/13
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541745
ECJ (Judgment) Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Res judicata – Consequence of an annulment of restrictive measures for the entity owned or controlled by an entity identified as being involved in nuclear proliferation – Temporal effects of an annulment
H. Kanninen, P
T-420/11, [2015] EUECJ T-420/11
Bailii
European
Updated: 27 December 2021; Ref: scu.541739
ECJ (Judgment) Community trade mark – Opposition proceedings – International registration designating the European Community – Figurative mark H – Earlier national figurative mark H – Relative ground for refusal – Likelihood of confusion – Article 8 paragraph 1 b) of Regulation (EC) No 207/2009 – Lack of motivation – Article 75 of Regulation No 207/2009
M. van der Woude, P
T-193/12, [2015] EUECJ T-193/12
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541737
ECJ (Judgment) Medicinal products for human use – Orphan medicinal products – Application for marketing authorisation for the generic version of the orphan medicinal product imatinib – EMA decision refusing to validate the application for marketing authorisation – Market exclusivity
S. Frimodt Nielsen (Rapporteur), P
T-140/12, [2015] EUECJ T-140/12
Bailii
European, Commercial
Updated: 27 December 2021; Ref: scu.541744
Consequential judgment after principle findings in litigation as to issues of liability and quantification arising from the alleged or established invalidity under EU law of various aspects of the UK legislation which governed the taxation of ‘portfolio dividends’ (i.e. dividends derived from holdings of less than 10% of the shares in the companies concerned) paid by companies resident either in the EU, or elsewhere in the world (‘third countries’), to corporate shareholders resident in the UK.
Henderson J
[2015] EWHC 118 (Ch)
Bailii
England and Wales
Corporation Tax, European, Litigation Practice
Updated: 27 December 2021; Ref: scu.541758
ECJ Article 48 TFEU – Social security for migrant workers – Regulation (EEC) No 1408/71 and (EC) No 883/2004 – Old-age and survivor’s insurance – Special provisions for the application of national legislation relating to old-age pensions – Calculation of benefits
A. Tizzano (Rapporteur), P
[2013] EUECJ C-282/11, [2013] 2 CMLR 34, [2013] WLR(D) 80, [2013] ICR 1193
Bailii, WLRD
Regulation (EEC) No 1408/71, TFEU 48, Regulation (EC) No 883/2004
Citing:
Opinion – Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social ECJ 13-Sep-2012
ECJ Opinion – Reference for a preliminary ruling – Regulation (EEC) No 1408/71 – Old-age pension – Calculation of benefits . .
Lists of cited by and citing cases may be incomplete.
European, Benefits
Updated: 27 December 2021; Ref: scu.541748
ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Contracts concluded between sellers or suppliers and consumers – Mortgage contracts – Default interest clauses – Unfair terms – Mortgage enforcement proceedings – Moderation of the amount of interest – Powers of the national court
A. Tizzano, P
C-482/13, [2015] EUECJ C-482/13, ECLI:EU:C:2015:21
Bailii
Directive 93/13/EEC
European, Contract
Updated: 27 December 2021; Ref: scu.541703
ECJ (Judgment) Community design – Invalidity proceedings – Registered Community design representing a heat exchanger – Ground for invalidity – Lack of visibility of part of a complex product – Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
T-615/13, [2015] EUECJ T-615/13, ECLI:EU:T:2015:31
Bailii
European
Updated: 27 December 2021; Ref: scu.541692
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark BluEco – Earlier Community word mark BLUE COAT – Relative ground for refusal – Likelihood of confusion – Distinctive character of the earlier mark – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-685/13, [2015] EUECJ T-685/13
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541693
ECJ (Judgment) Community design – Invalidity proceedings – Registered Community design representing a heat exchanger insert – Ground for invalidity – Lack of visibility of part of a complex product – Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
S. Papasavvas, P
T-617/13, [2015] EUECJ T-617/13, ECLI:EU:T:2015:32
Bailii
Regulation (EC) No 6/2002 4(2) 2591)(b)
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541691
ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark cat and clean – Spanish earlier word mark CLEAN CAT – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No – 207/2009 – Obstacles to the free movement of goods – Article 34 TFEU – Article 16 of the Charter of Fundamental Rights
T-587/13, [2015] EUECJ T-587/13
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541700
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Article 2(1) and (2)(a) and Article 6(1) and (2) – Difference of treatment on grounds of age – Civil service – Pension scheme – National legislation precluding the taking into account of periods of school education completed before the age of 18)
C-529/13, [2015] EUECJ C-529/13
Bailii
Directive 2000/78/EC
European
Updated: 27 December 2021; Ref: scu.541695
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the National Savngs and Investments.
Held: The MoU between HMRC and NSandI is not a ‘public services contract’ within the 2006 Regulations. Intra-government arrangements are not about competition with the private sector but about government organising itself in an efficient manner to ensure that public money is well spent. A memorandum of understanding which specifies in detail the services to be provided when one department procures the services of another department is not a contract but sets out what services those who are accountable to Parliament for the expenditure of public money can expect to receive in return for the charges levied on them by the provider of the services and what those charges are.
Even if NSandI and HMRC could contract with each other, in the light of paragraph 3.1 of the MoU, specifying that the MoU is not legally binding on the parties and does not contain representations on which either party may rely, they have not done so.
Andrews DBE J
[2015] EWHC 90 (QB)
Bailii
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Citing:
See Also – Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
Cited – Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici ECJ 7-Oct-2004
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender . .
Cited by:
Appeal from – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
At first instance (2) – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Administrative, European
Updated: 27 December 2021; Ref: scu.541727
ECJ (Judgment) Community trade mark – Application for Community word mark GentleCare – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Equal treatment
T-188/14, [2015] EUECJ T-188/14, ECLI:EU:T:2015:34
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541696
ECJ (Judgment) Community trade mark – Application for Community word mark Pianissimo – Mark consisting of an advertising slogan – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Equal treatment)
T-11/14, [2015] EUECJ T-11/14
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541697
ECJ Appeal – Civil service – Members of the temporary staff – Recruitment – Rejection of the appellant’s application and appointment of another candidate – Plea in law raised for the first time at the hearing – Distortion of the clear sense of the evidence – Duty to state reasons – Order as to costs disputed
T-107/13, [2015] EUECJ T-107/13, ECLI:EU:T:2015:20
Bailii
European
Updated: 27 December 2021; Ref: scu.541502
ECJ Judgment – Community trade mark – International registration designating the European Community – Word mark MONACO – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 151, paragraph 1, and Article 154, paragraph 1 of Regulation (EC) No 207 / 2009 – Article 7, paragraph 1, b) and c) and Article 7, paragraph 2 of Regulation No 207/2009 – Partial refusal of protection
D. Gratsias, P
T-197/13, [2015] EUECJ T-197/13, ECLI: EU: T: 2015: 16
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541499
The taxpayer requested refund of VAT overpaid on chocolate covered cakes. The CandE resisted saying that the money had been substantially already paid by its customers. The case had been referred twice to the ECJ, who answered that the maintenance of exemptions or of reduced rates of VAT lower than the minimum rate laid down by the Sixth Directive is permissible only in so far as it complies with, inter alia, the principle of fiscal neutrality inherent in that system, and that fiscal neutrality is a fundamental principle of VAT.
Held: Though the ECJ answer might allow further litigation, the House allowed the taxpayer’s appeal on the basis that ‘the Commissioners have, after thirteen years of litigation, decided that they do not wish to pursue these matters.’
Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe
[2009] UKHL 8, [2009] STC 452, [2009] STI 474, [2009] BTC 5106, [2009] BVC 106, [2009] 1 All ER 939
Bailii, HL
England and Wales
Citing:
Appeal from – Marks and Spencer Plc v Commissioners of Customs and Excise (No 5); Commissioners of Customs and Excise v University of Sussex CA 21-Oct-2003
The company sought to reclaim overpaid VAT.
Held: If the UK government had failed properly to implement the directive, then a person affected had the right to claim the benefit of direct enforceability. However, the directive itself was . .
Reference to ECJ – Marks and Spencer Plc v Customs and Excise HL 12-Jul-2006
Question referred to ECJ. Five questions were referred. . .
Decision to refer to ECJ – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Advocate General’s opinion – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 13-Dec-2007
ECJ Value added tax – Derogation under Article 28 of Directive 77/388 – Principle of neutrality Principle of equal treatment Right to obtain a refund of the tax in the event of incorrect interpretation of . .
ECJ Decision – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 10-Apr-2008
(Third Chamber of the Court of Justice) Taxation Sixth VAT Directive Exemption with refund of tax paid at the preceding stage Erroneous taxation at the standard rate Right to zero rate Entitlement to refund Direct effect General principles of . .
Opinion on first reference – Marks and Spencer v Commissioners of Customs and Excise ECJ 11-Jul-2002
ECJ Sixth VAT directive – National legislation retroactively curtailing a limitation period for repayment of sums unduly paid – Compatibility with the principles of effectiveness and of the protection of . .
Judgment on first reference – Marks and Spencer plc v Commissioners of Customs and Excise ECJ 11-Jul-2002
The claimant challenged the reduction of the limitation period from six years to three for the reclaiming of overpaid VAT with immediate effect, depriving it of the opportunity to recover sums paid in excess. The company sold vouchers. It paid VAT . .
Cited – Argos Distributors v Commissioners of Customs and Excise ECJ 24-Oct-1996
VAT was payable on the value of a discount voucher only, and not on the full price of the goods. ‘According to the court’s settled case law, the taxable amount for the supply of goods or services is represented by the consideration actually received . .
First instance – Marks and Spencer Plc v Commissioners of Customs and Excise Admn 21-Dec-1998
The limitation period for the recovery of overpaid VAT was alleged to offend the principle of equivalence.
Held: Moses J said: ‘In my judgment no comparison can be made with other types of tax such as income tax payable in respect of an . .
At CA – Marks and Spencer Plc v Customs and Excise CA 14-Dec-1999
The taxpayer discovered that it had over several years made overpayments of VAT on chocolate covered biscuits because of a mistake as to the tax mutual with the defendants.
Held: MandS’s challenge to section 80(4) (as infringing EU law) . .
Lists of cited by and citing cases may be incomplete.
VAT, European
Updated: 27 December 2021; Ref: scu.280437
Order
T-178/98
European
European
Updated: 27 December 2021; Ref: scu.219034
The Dutch plaintiff claimed that the water supply to its nursery had been polluted by the French defendant’s discharge of waste into the Rhine in France.
Held: The meaning of the expression: ‘Place where the harmful event occurred’ must be established in such a way as to acknowledge that the plaintiff has an option to commence proceedings either at the place where the damage occurred or the place of the event giving rise to it’ because either place constituted a significant connecting factor from the point of view of jurisdiction. ‘Liability in tort, delict or quasi delict can only arise provided that a causal connection can be established between the damage and the event in which that damage originates.’
[1978] QB 708, [1976] ECR 1735
European
Cited by:
Cited – Shahar v Tsitsekkos and others ChD 17-Nov-2004
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in . .
Cited – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 27 December 2021; Ref: scu.220245
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and full-time work is attributable to factors which are objectively justified and are in no way related to any discrimination based on sex. It is for the national courts to decide in each individual case whether, regard being had to the facts of the case, its history and the employer’s intention, a pay policy represented as a difference based on weekly working hours is or is not in reality discrimination based on the sex of the worker. Therefore a difference in pay between full-time workers and part-time workers does not amount to discrimination prohibited by article 119 of the Treaty unless it is in reality merely an indirect way of reducing the level of pay of part-time workers on the ground that that group of workers is composed exclusively or predominantly of women. Article 119 of the treaty applies directly to all forms of discrimination which may be identified solely with the aid of criteria of equal work and equal pay referred to by the article in question, without national or community measures being required to define them with greater precision in order to permit of their application. The forms of discrimination which may be thus judicially identified include cases where men and women receive unequal pay for equal work carried out in the same establishment or service, public or private. Where the national court is able, using the criteria of equal work and equal pay, without the operation of community or national measures, to establish that the payment of lower hourly rates of remuneration for part-time work than for full-time work represents discrimination based on difference of sex the provisions of article 119 of the treaty apply directly to such a situation. Article 1 of Council Directive 75/117/EEC which is principally designed to facilitate the practical application of the principle of equal pay outlined in article 119 of the treaty in no way alters the content or scope of that principle as defined in the Treaty.
Advocate-General Warner
C-96/80, [1981] 1 WLR 972, [1981] ICR 592, R-96/80, [1981] EUECJ R-96/80, [1981] IRLR 228 (ECJ), [1981] ECR 911
Bailii
Council Directive 75/117/EEC
European
Citing:
Cited – Griggs v Duke Power Company 1971
(US) The court examined the arguments relating to indirect discrimination. . .
Cited by:
Mentioned – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – Brunnhofer v Bank der Osterreichischen Postparkasse AG ECJ 26-Jun-2001
Europa Equal pay for men and women – Conditions of application – Difference in pay – Definition of ‘the same work and ‘work of equal value – Classification, under a collective agreement, in the same job category . .
See Also – Bilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – J P Jenkins v Kingsgate (Clothing Productions) Ltd EAT 19-Jun-1981
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119.
Held: The scope of Article 119 EEC covers not only . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 27 December 2021; Ref: scu.133030
ECJ Judgment – Appeals – Directive 2008/50/EC – Directive on ambient air quality and cleaner air for Europe – Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for particulate matter (PM10) – Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 – Commission decision declaring the request inadmissible – Measure of individual scope – Aarhus Convention – Validity of Regulation (EC) No 1367/2006 in the light of that convention
C-401/12, [2015] EUECJ C-401/12, ECLI:EU:C:2015:4, [2014] EUECJ C-401/12 – O
Bailii, Bailii
Directive 2008/50/EC, Regulation (EC) No 1367/2006
European, Environment
Updated: 27 December 2021; Ref: scu.541494
ECJ Judgment – Appeals – Regulation (EC) No 149/2008 – Regulation setting maximum residue levels for pesticides – Request for internal review of that regulation, submitted pursuant to Regulation (EC) No 1367/2006 – Commission decision declaring the request inadmissible – Measure of individual scope – Aarhus Convention – Validity of Regulation (EC) No 1367/2006 in the light of that convention
C-404/12, [2015] EUECJ C-404/12, [2014] EUECJ C-404/12 – O
Bailii, Bailii
Regulation (EC) No 149/2008, Regulation (EC) No 1367/2006
European, Environment, Agriculture
Updated: 27 December 2021; Ref: scu.541493
ECJ Judgment – Reference for a preliminary ruling – Medicinal products for human use – Supplementary protection certificate – Regulation (EC) No 469/2009 – ‘Active ingredient’ – Pneumococcal conjugate vaccine – Paediatric use – Carrier protein – Covalent binding)
C. Toader, acting as P
C-631/13, [2015] EUECJ C-631/13, ECLI:EU:C:2015:13
Bailii
European
Updated: 27 December 2021; Ref: scu.541495
ECJ Judgment – State aid – Aid for rescuing and restructuring firms in difficulty – Restructuring aid envisaged by the French authorities in favor of SeaFrance SA – Capital increase and loans granted by the SNCF to SeaFrance – Decision declaring the aid incompatible with the internal market – Concept of State aid – Criterion of private investor – Guidelines on State aid for rescuing and restructuring firms in difficulty
T-1/12, [2015] EUECJ T-1/12, ECLI: EU: T: 2015 : 17
Bailii
European
Updated: 27 December 2021; Ref: scu.541496
ECJ Judgment – Community trade mark – Application dimensional Community trade mark – Shape of a transparent cylindrical bottle – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
T-70/14, [2015] EUECJ T-70/14, ECLI: EU: T: 2015 : 9
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541497
ECJ Judgment – Community trade mark – Community figurative trade mark MELT WATER Original – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009
T-69/14, [2015] EUECJ T-69/14, ECLI : EU: T: 2015: 8
Bailii
European, Intellectual Property
Updated: 27 December 2021; Ref: scu.541498
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 member’ under regulation 8. The case was therefore returned to the Secretary of State for her to exercise the discretion conferred upon her by regulation 12(2)(c).
Held: The ECO’s appeal succeeded. The real question was not whether S fell within the definition of ‘family member’ in regulation 7 or the definition of ‘extended family member’ in regulation 8. Rather, it was whether she was a ‘direct descendant’ within the definition of ‘family member’ in article 2.2(c) of the Citizens Directive; or alternatively whether she fell within ‘any other family members, . . , who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence . . ‘ in article 3.2(a). The Directive permitted Member States to restrict the forms of adoption which they would recognise for the purpose of article 2.2(c). Not having been adopted in a manner recognised by UK law, S could not fall within that article; and that being so, those restrictions could not be undermined by recognising that she might fall within article 3.2(a).
Laws, Kitchin, Christopher LJJ
[2015] EWCA Civ 1109, [2016] Imm AR 239, [2015] CN 1756
Bailii
Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appal from (CA) – 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, Adoption, European
Updated: 27 December 2021; Ref: scu.554279
ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 1008/2008 – Air services – Second sentence of Article 23(1) – Price transparency – Computerised booking system – Air fares – Indication at all times of the final price
C-573/13, [2015] EUECJ C-573/13, ECLI:EU:C:2015:11
Bailii
Regulation (EC) No 1008/2008
European, Consumer, Transport
Updated: 27 December 2021; Ref: scu.541492
ECJ Judgment – Referral back after setting aside of order – Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban – Regulation (EC) No 881/2002 – Freezing of funds and economic resources of a person named in a list drawn up by a body of the United Nations – Naming of that person in the list in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Admissibility – Period allowed for commencing proceedings – Exceeded – Excusable error – Fundamental rights – Rights of the defence – Right to effective judicial protection – Right to respect for property – Right to respect for private and family life
T-127/09, [2015] EUECJ T-127/09
Bailii
Regulation (EC) No 881/2002
European
Updated: 25 December 2021; Ref: scu.541401
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark CAMEA – Earlier international word mark BALEA – Relative ground for refusal – No likelihood of confusion – No similarity of signs – Article 8, paragraph 1 b), the Regulation (EC) No 207/2009
T-195/13, [2015] EUECJ T-195/13, ECLI: EU: T: 2015: 6
Bailii
Regulation (EC) No 207/2009
European, Intellectual Property
Updated: 25 December 2021; Ref: scu.541404
ECJ (Advocate General’s Opinion) Appeals – Restrictive measures against Syria – Measures against persons and entities benefiting from policies pursued by the regime or supporting it – Freezing of funds and economic resources – Registration Criteria – Large Margin appreciation of the Council – Burden of proof ‘
Bot AG
C-630/13, [2015] EUECJ C-630/13 – O, [2015] EUECJ C-630/13
Bailii, Bailii
European
Updated: 25 December 2021; Ref: scu.541402
ECJ Appeal – Common foreign and security policy – Restrictive measures adopted against persons and entities – Sixth paragraph of Article 263 TFEU – Period allowed for commencing proceedings – Force majeure – Armed conflict
V Skouris, P
[2013] EUECJ C-478/11, ECLI:EU:C:2013:258
Bailii
European
Citing:
Opinion – Laurent Gbagbo v Council ECJ 19-Dec-2012
ECJ (Opinion) Appeal – Specific restrictive measures taken against certain persons and entities regarding the situation in Cote d’Ivoire – Fund freezing – Access to the territory of the European Union – No . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 25 December 2021; Ref: scu.541391
ECJ Reference for a preliminary ruling – Regulation (EC) No 2200/96 – Regulation (EC) No 1432/2003 – Agriculture – Common organisation of markets – Fruit and vegetables – Producer organisations – Conditions for recognition by national authorities – Provision of technical resources required for storage, packing and marketing of produce – Whether organisation obliged, in the event of delegation of its tasks to third party companies, to exercise control over those companies
R Silva de Lapuerta, P
[2013] EUECJ C-500/11
Bailii
Regulation (EC) No 2200/96, Regulation (EC) No 1432/2003
Citing:
Opinion – Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health ECJ 23-Apr-2013
ECJ Opinion – Common organisation of the market in fruit and vegetables – Regulation (EC) No 2200/96 – Article 11 – Producer organisations – Conditions for recognition – Control over contractors . .
Lists of cited by and citing cases may be incomplete.
European, Agriculture
Updated: 25 December 2021; Ref: scu.541392
Judgment – Foreign Policy and Security – Specific restrictive measures directed against certain persons and entities in view of the situation in Cote d’Ivoire – Freezing of funds – Misuse of powers – Manifest error of assessment – Fundamental rights
T-406/13, [2015] EUECJ T-406/13
Bailii
European, Human Rights
Updated: 25 December 2021; Ref: scu.541405
ECJ Community trade mark Application for a three-dimensional Community trade mark – Red Lego brick – Absolute ground for refusal – Sign which consists exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 40/94 Offers of evidence.
T-270/06, [2008] EUECJ T-270/06
Bailii
European
European, Intellectual Property
Updated: 25 December 2021; Ref: scu.277851
Institutional law – European citizens’ initiative – Cohesion policy – Regions with a national minority – Registration decision – Action for annulment – Act open to appeal – Admissibility – Article 4 (2) (b) of Regulation (EU) No 211 / 2011 – Obligation to state reasons
T-495/19, [2021] EUECJ T-495/19, ECLI:EU:T:2021:781
Bailii
European
European
Updated: 25 December 2021; Ref: scu.670039
ECJ Effective judicial protection of rights derived from European Union law – Right of access to a court – Legal aid – National legislation refusing legal aid to legal persons in the absence of ‘public interest’
J.N. Cunha Rodrigues, P
[2010] EUECJ C-279/09
Bailii
Citing:
Opinion – DEB Deutsche Energiehandels-Und Beratungsgesellschaft mbH v Bundesrepublik Deutschland ECJ 2-Sep-2010
ECJ Opinion – Principles Of Community Law – Effective judicial protection of rights derived from EU law – Right to a court – Procedural Safeguards – Corporation – Principle of effectiveness – Refusal of legal aid . .
Cited by:
Cited – Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2) SC 11-Dec-2013
The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 24 December 2021; Ref: scu.540524
ECJ Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities with a view to combating terrorism – Common Position 2001/931/CFSC – Regulation (EC) No 2580/2001 – Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union – Rights of the defence
V Skouris, P
[2011] EUECJ C-27/09
Bailii
Common Position 2001/931/CFSC, Regulation (EC) No 2580/2001
European
Citing:
See Also – France v People’s Mojahedin Organization of Iran ECJ 14-Jul-2011
ECJ Common Foreign And Security Policy – Appeal – Restrictive measures with a view to combating terrorism – Freezing of funds and capital. . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 24 December 2021; Ref: scu.540512
ECJ Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Article 17(1) of the Charter of Fundamental Rights of the European Union – Action for damages – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility)
O Czucz P
[2013] EUECJ T-187/11
Bailii
European
Citing:
Order – Trabelsi And Others v Council ECFI 14-Jul-2011
ECFI Order – Interim measures – Common foreign and security policy – Restrictive measures against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Application for stay of . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 24 December 2021; Ref: scu.540509
ECJ Grand Chamber – Equal treatment in employment and occupation – Directive 2000/78/EC – Survivors’ benefits under a compulsory occupational pensions scheme Concept of ‘pay’ – Refusal because the persons concerned were not married Same-sex partners – Discrimination based on sexual orientation
It was for the national court to decide whether a surviving same sex ‘life partner’ was in a comparable situation to a surviving spouse for discrimination purposes. That decision is made for us by regulation 3(4). If they were in a comparable situation, then to treat a surviving life partner less favourably than a surviving spouse, by denying him a survivor’s pension, was direct discrimination within the meaning of the equal treatment directive, 2000/78
V Skouris, P
[2008] EUECJ C-267/06, [2008] 2 CMLR 32
Bailii
Directive 2000/78/EC
European
Citing:
Opinion – Maruko v Versorgungsanstalt der deutschen Buhnen ECJ 6-Sep-2007
ECJ Pension paid by a compulsory occupational pension – Refusal survival due to the absence of marriage to same-sex partners Directive 2000/78 / EC Scope Exclusion of social security benefits Concept of pay – . .
Cited by:
Cited – Bull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination
Updated: 24 December 2021; Ref: scu.540515
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another Member State in order to pursue studies there Restriction on enrolment by non-resident students for university courses in the public health field Justification Proportionality Risk to the quality of education in medical and paramedical matters Risk of shortage of graduates in the public health sectors
Advocate General Sharpston said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories of persons distinguished only by applying a prohibited classification.’
V Skouris, P
[2010] EUECJ C-73/08, [2011] CEC 80, [2010] 3 CMLR 20
Bailii
European
Citing:
Opinion – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 25-Jun-2009
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
Cited by:
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 24 December 2021; Ref: scu.540513
ECJ (Judgment) Community trade mark – Application for Community word mark Pioneering for You – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
M. Prek, P
T-601/13, [2014] EUECJ T-601/13, ECLI: EU: T: 2014 1067
Bailii
Regulation (EC) No 207/2009
European
Updated: 24 December 2021; Ref: scu.539922
ECJ (Judgment) Plant protection products – Active substance ethoxyquin – Non-inclusion in Annex I to Directive 91/414/EEC – Withdrawal of authorisations for plant protection products containing that substance – Regulation (EC) No 2229/2004 – Regulation (EC) No 33/2008 – Accelerated assessment procedure – Manifest error of assessment – Rights of the defence – Proportionality – Legitimate expectations
G. Berardis, P
T-269/11, [2014] EUECJ T-269/11, ECLI:EU:T:2014:1069
Bailii
Directive 91/414/EEC, Regulation (EC) No 2229/2004, Regulation (EC) No 33/2008
European
Updated: 24 December 2021; Ref: scu.539923
Judgment – Community trade mark – Application three-dimensional Community trade mark – Shape of a chocolate box – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009
T-440/13, [2014] EUECJ T-440/13
Bailii
Regulation (EC) No 207/2009 7
European
Intellectual Property
Updated: 24 December 2021; Ref: scu.539908
ECJ (Judgment) Community trade mark – Opposition proceedings – Community trade mark SELOGYN – Earlier national word mark SELESYN – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Refusal of registration
G. Berardis, P
T-173/13, [2014] EUECJ T-173/13, ECLI: EU: T: 2014: 1071
Bailii
European, Intellectual Property
Updated: 24 December 2021; Ref: scu.539918
ECJ Judgment – Civil Aviation – Application for approval of flight conditions for a type of Robinson R66 helicopter – Decision EASA – Action for annulment – Extent of review of the Board of Appeal – Court’s review of Scope – failure to act – Non-contractual liability ‘
T-102/13, [2014] EUECJ T-102/13
Bailii
European
Cited by:
See Also – Heli-Flight v EASA ECJ 27-Oct-2017
Procedure – Costs of costs – Legal fees – Representation of an institution by two lawyers – Participation of agents of the institution at the hearing – Recoverable costs . .
See Also – Heli-Flight v EASA ECJ 28-Jan-2016
ECJ Judgment – Appeal – Civil Aviation – Submissions flight conditions presented – Decision of the European Aviation Safety Agency – Rejection of application – compulsory preliminary administrative procedure – . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 24 December 2021; Ref: scu.539905
ECJ (Judgment) Appeal – Civil service – Officials – Remuneration – Annual adjustment of the remuneration and pensions of officials and other servants – Weighting for officials and agents assigned to Varese – Articles 64-65 bis status – Annex IX status – Regulation (EU) No 1239/2010 – Obligation to state reasons – Access to documents – Regulation (EC) No 1049/2001 – Manifest error of assessment
M. Jaeger, P
T-304/13, [2014] EUECJ T-304/13, ECLI: EU: T: 2014 1055
Bailii
European
Updated: 24 December 2021; Ref: scu.539921
ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – Guidelines for calculating the amount of fines 2006 – Rights of defense – Calculation of the value of sales – Gravity of the infringement – Non-retroactivity – Equal treatment – Proportionality
T-544/08, [2014] EUECJ T-544/08
Bailii
European, Commercial
Updated: 24 December 2021; Ref: scu.539903
ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – 2006 Guidelines for the calculation of fines – Equal treatment – Aggravating circumstances – Repeated infringement – Obligation to state reasons – Mitigating circumstances – substantially reduced participation – Infringement by negligence – Rights of the defense – Full jurisdiction
T-558/08, [2014] EUECJ T-558/08
Bailii
European
Updated: 24 December 2021; Ref: scu.539899
ECJ (Judgment) Community trade mark – Application for Community word mark REHABILITATE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009
T-712/13, [2014] EUECJ T-712/13, ECLI:EU:T:2014:1066
Bailii
Regulation (EC) No 207/2009
European
European, Intellectual Property
Updated: 24 December 2021; Ref: scu.539909
Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of the infringement – Guidelines for calculating the amount of fines 2006 – Reference period – Calculation the value of sales – Gravity of the infringement – Concentration during the period of the infringement – Equal treatment – Proportionality
T-551/08, [2014] EUECJ T-551/08
Bailii
European
European, Commercial
Updated: 24 December 2021; Ref: scu.539902
ECJ (Judgment) Competition – Agreements – paraffin waxes market – Coordination and price increases – Price fixing – Guidelines for calculating the amount of the 2006 Fines – Rights of the defense – Proof of infringement – Limitation
T-550/08, [2014] EUECJ T-550/08
Bailii
European
Updated: 24 December 2021; Ref: scu.539920
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark News + – Earlier national word mark ACTU + – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009
T-591/13, [2014] EUECJ T-591/13
Bailii
Regulation (EC) No 207/2009 8
European, Intellectual Property
Updated: 24 December 2021; Ref: scu.539901
ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to the applicant’s facilities in Germany and involved in the trading system of greenhouse gas emission allowances Greenhouse – Partial refusal of access – Environmental Information – Article 6, paragraph 1, second sentence, of Regulation No 1367/2006 – Exception relating to the protection of the decision – Documents originating from a Member State – Opposition manifested by Member State – Article 4, paragraphs 3 and 5 of Regulation No 1049/2001
A. Dittrich, P
T-476/12, [2014] EUECJ T-476/12, ECLI: EU: T: 2014: 1059
Bailii
Regulation (EC) No 1049/2001, Regulation (EC) No 1367/2006
European, Environment
Updated: 24 December 2021; Ref: scu.539917
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark TrinkFix – national and Community Drinkfit earlier word marks – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of goods and services – Article 8, paragraph 1, b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation No 207/2009
ECLI:EU:T:2014:1070, T-105/13, [2014] EUECJ T-105/13
Bailii
European, Intellectual Property
Updated: 24 December 2021; Ref: scu.539907