ECJ Judgment – Failure to fulfill obligations – Free movement of capital – Articles 21 TFEU and 63 TFEU – EEA Agreement – Articles 28 and 40 – Tax on inheritance and gift – Division of fiscal powers – Discrimination between residents and non-residents – Discrimination based the location of the property – Burden of proof
C-127/12, [2014] EUECJ C-127/12
Bailii
European
Updated: 20 December 2021; Ref: scu.536391
ECJ Reference for a preliminary ruling – Structural funds – Economic, social and territorial cohesion – Regulation (EC) No 1260/1999 – Article 38 – Regulation (EC) No 2792/1999 – Article 19 – Fisheries – Court proceedings at national level – Obligation on the part of the Member State to take the measures necessary to ensure the successful implementation of the decision relating to the grant of funds following court proceedings
C-410/13, [2014] EUECJ C-410/13
Bailii
Regulation (EC) No 1260/1999 38, Regulation (EC) No 2792/1999 19
European
Updated: 20 December 2021; Ref: scu.536390
ECJ (Judgment) Community trade mark – Application for Community figurative mark representing two rows and five stars – Absolute ground for refusal – Distinctive character – Article 7, paragraph 1 b) and Article 75 of Regulation (EC) No 207/2009 – Failure appreciation concrete – Obligation to state reasons
T-687/13, [2014] EUECJ T-687/13
Bailii
European, Intellectual Property
Updated: 20 December 2021; Ref: scu.536393
ECJ Appeal – Decision 83/673 / EEC – Regulation (EEC) No 2950/83 – European Social Fund – Training programs – Reduction of financial assistance initially granted – Regulation (EC, Euratom) No 2988/95 – Interest Protection Communities’ financial interests
C-379/13, [2014] EUECJ C-379/13 – CO, ECLI: EU: C: 2014: 2128
Bailii
European
Updated: 20 December 2021; Ref: scu.536189
The claimant challenged the loan by the Council of a substantial sum to a company operating a local football club saying that it was contrary both to European and domestic law.
Hickinbottom J
[2014] EWHC 2089 (Admin)
Bailii
England and Wales
Local Government, European
Updated: 20 December 2021; Ref: scu.536174
ECJ Preliminary ruling – Article 99 of the Rules of Procedure of the Court – VAT – Directive 2006/112 / EC – Article 183 – Refund of excess VAT – National legislation excluding the payment of default interest on non-recoverable VAT within a reasonable time due to be contrary to EU law requirement – Principle of equivalence
C-654/13, [2014] EUECJ C-654/13 – CO
Bailii
Directive 2006/112/EC 183
European, VAT
Updated: 20 December 2021; Ref: scu.536190
Correction of judgment
Ilesic P
C-505/13, [2014] EUECJ C-505/13 – CO
Bailii
European
Updated: 20 December 2021; Ref: scu.536195
ECFI Order – Referred – Access to documents – Regulation (EC) No 1049/2001 – Documents held by ECHA containing information submitted by a company in connection with its application for authorization of the use of a chemical – Decision to grant a third party access to documents – Application for suspension of operation – Urgency – Prima facie case – Balancing of interests
T-189/14, [2014] EUECJ T-189/14 – CO, [2017] EUECJ T-189/14
Bailii, Bailii
Regulation (EC) No 1049/2001
European
Updated: 20 December 2021; Ref: scu.536191
ECJ Order – Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 169(2) of the Rules of Procedure of the Court of Justice – Content required in the application initiating an appeal
T. von Danwitz (Rapporteur), P
[2014] EUECJ C-28/13, C-28/13, ECLI:EU:C:2014:230
Bailii
England and Wales
Citing:
Opinion – Thesing, Bloomberg Finance Lp v European Central Bank ECJ 6-Nov-2013
ECJ Order – Appeals – Application to intervene – Representation by a lawyer – Interest in the result of the case – Rejection . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 20 December 2021; Ref: scu.536064
ECJ Appeal – Dumping – Imports of cotton-type bed linen originating in Pakistan – Regulation (EC) No 384/96 – Article 3(7) – Concept of ‘other factors’
T. von Danwitz, P
[2013] EUECJ C-638/11
Bailii
Regulation (EC) No 384/96 3(7)
Citing:
See Also – Council of The European Union v Gul Ahmed Textile Mills Ltd ECJ 25-Apr-2013
ECJ Opinion – Appeal – Dumping – Imports of cotton-type bed linen originating in Pakistan – Causal link between dumping and injury – Known factors causing injury, other than dumped imports – Attribution or . .
Lists of cited by and citing cases may be incomplete.
European, Commercial
Updated: 20 December 2021; Ref: scu.536063
ECJ Common agricultural policy Integrated administration and control system for certain aid schemes Regulation (EC) No 1782/2003 Single payment scheme Transfer of payment entitlements Definitive transfer
A. Tizzano, P
[2010] EUECJ C-434/08
Bailii
Citing:
Opinion – Harms v Freerk Heidinga ECJ 4-Feb-2010
ECJ Opinion Common agricultural policy Single payment scheme Regulation (EC) No 1782/2003 Transfer of payment entitlements. . .
Lists of cited by and citing cases may be incomplete.
European, Agriculture
Updated: 20 December 2021; Ref: scu.535829
Winter Fuel Payment – (European Union Law : Council Regulations 1408/71/EEC and (EC) 883/2004 )
[2014] UKUT 259 (AAC)
Bailii
England and Wales
Benefits, European
Updated: 20 December 2021; Ref: scu.535752
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European investigation decision – Directive 2014/41 / EU – Article 2 (c) – Issuing authority – Article 6, paragraph 2 – Conditions of issue – Prosecutor exercising the functions issuing judicial authority – Issue reserved for a judge as competent authority in the event of similar national proceedings
C-724/19, [2021] EUECJ C-724/19_O
Bailii
European
European
Updated: 20 December 2021; Ref: scu.664232
ECJ Opinion – Failure Of A Member State To Fulfil Obligations – Procurement – Organic Products – Fair Trade – friendly products environmentally and socially responsible – Sustainable Economics – Labels ‘Max Havelaar’ and ‘EKO’ – Principles of Procurement – Technical Specifications – Environmental Characteristics – Ability and choice of participants – Technical and professional capacity – Criteria for award of contracts – the most economically advantageous tender – Articles 2, 23, 26, 44, 48 and 53 of Directive 2004/18/EC
Juliane Kokott AG
[2011] EUECJ C-368/10
Bailii
Citing:
Order – Commission v Netherlands ECJ 10-May-2012
ECJ Order – Failure of A Member State To Fulfil Obligations – allowing intervention by state of Denmark . .
Cited by:
Opinion – Commission v Netherlands ECJ 10-May-2012
ECJ Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Contract for the supply, . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 18 December 2021; Ref: scu.535554
The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she did not wish her marriage to be brought to an end. She relied on the Social Security Directive and on the jurisprudence in the European Court of Justice.
Held: Underhill L J said: ‘The starting-point in considering such a case is that in Richards the ECJ said in terms, at para. 21 of its judgment (p.1195C), that ‘it is for the member states to determine the conditions under which legal recognition is given to the change of gender of a person’. But I accept that it is not possible to stop there. The Court clearly did not intend that member states should have carte blanche: that would be clear as a matter of principle, but the point is in any event made explicitly at para. 103 of the judgment of the Strasbourg Court in Goodwin v United Kingdom [2002] IRLR 664 which is the ultimate source6 of the statement which I have quoted. If the conditions in question were such as to place unjustifiable restrictions on the right to have the acquired gender recognised the Court would no doubt hold that they were unlawfully discriminatory. The question in the present case is whether the requirement in section 4 of the Act that any subsisting marriage be annulled prior to the issue of a full gender reassignment certificate is unjustifiable.’
Maurice Kay VP CA, Aikens, Underhill LJJ
[2014] EWCA Civ 1112, [2014] WLR(D) 355, [2014] ICR 1129
Bailii, WLRD
Gender Recognition Act 2004, Marriage (Same Sex Couples) Act 2013, Council Directive 79/7/EEC, Equality Act 2010
England and Wales
Cited by:
Cited – Carpenter v The Secretary of State for Justice Admn 27-Feb-2015
The claimant, a post-operative male-to-female transsexual person, said that section 3(3) of the 2004 Act was incompatible with her Human rights after refusal of a gender recognition certificate.
Held: The application failed. The provision of . .
At CA – MB v Secretary of State for Work and Pensions SC 5-Jul-2016
The court was asked about the age at which entitlement to a pension began for someone of transgender.
Held: The court was divided, and the issue was referred to the European Court of Justice. . .
Lists of cited by and citing cases may be incomplete.
Benefits, Discrimination, European
Updated: 18 December 2021; Ref: scu.535453
‘[A]n invention which as a whole falls outside the exclusion zone of [art 52(2)] (i.e. is technical in character) cannot rely on excluded subject matter alone, even if it is novel and non-obvious (in the colloquial sense . .), for it to be considered to meet the requirement of inventive step. . . [I]t cannot have been the legislator’s purpose and intent on the one hand to exclude from patent protection such subject matter, while on the other hand awarding protection to a technical implementation thereof, where the only identifiable contribution of the claimed technical implementation to the state of the art is the excluded subject-matter itself. It is noted that here the term ‘contribution’ encompasses both means (i.e. tangible features of the implementation) and effects resulting from implementation’.
T 1543/06
European
Cited by:
Cited – Symbian Ltd v Comptroller General of Patents CA 8-Oct-2008
No Pattern Established to Patent Computer Systems
The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 18 December 2021; Ref: scu.276936
Inherent in the concept of ‘an invention’ in the EPC was ‘any subject matter or activity having technical character’ and that a contribution could be patentable ‘even if it was related to the items listed in [art. 52(2)] since these items were only excluded ‘as such’ – art. 52(3)’. In order to be patentable, a contribution must be ‘technical’, or at least must have ‘technical features’ or ‘features which contribute to the technical character of the invention’.
T 0154/04
European
Citing:
Considered – Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1 CA 27-Oct-2006
In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the . .
Cited by:
Cited – Symbian Ltd v Comptroller General of Patents CA 8-Oct-2008
No Pattern Established to Patent Computer Systems
The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 18 December 2021; Ref: scu.276935
ECJ Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, precludes an employment contract without a fixed term for night-time work entered into by an employer and a pregnant employee, both of whom were unaware of the pregnancy, from being held to be void on account of the statutory prohibition on night-time work which applies, by virtue of national law, during pregnancy and breastfeeding, or from being avoided by the employer on account of a mistake on his part as to the essential personal characteristics of the woman at the time when the contract was concluded.
In the case of a contract without a fixed term, the prohibition on night-time work by pregnant women takes effect only for a limited period in relation to the total length of the contract, and to hold the contract invalid or to avoid it because of the temporary inability of the pregnant employee to perform the night-time work for which she was engaged would be contrary to the objective of protecting such persons pursued by Article 2(3) of the directive and would deprive that provision of its effectiveness.
G.F. Mancini, P
C-421/92, [1994] EUECJ C-421/92
Bailii
Council Directive 76/207/EEC
Cited by:
Cited – O’Neill v Governors of St Thomas More RC School EAT 12-Oct-1995
The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged . .
Cited – O’Neill v Governors of St Thomas More RC School and Another EAT 24-May-1996
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination
Updated: 18 December 2021; Ref: scu.161031
[1996] ECR I-5457, C-73/95, [1996] EUECJ C-73/95P
Bailii
European
Cited by:
Cited – Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action HL 4-Apr-2001
A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the . .
Lists of cited by and citing cases may be incomplete.
European, Company
Updated: 18 December 2021; Ref: scu.161539
ECJ (Advocate General’s Opinion) External relations – EEC-Turkey Association Agreement – Coordination of social security systems – Envisaged decision of the EEC-Turkey Association Council on the basis of the system under Regulation (EC) No 883/2004 – Council Decision 2012/776/EU on the position to be taken by the European Union within the Association Council – Choice of the correct substantive legal basis – Article 48 TFEU, Article 79(2)(b) TFEU, Article 216(1) TFEU or Article 217 TFEU
Kokott AG
C-81/13, [2014] EUECJ C-81/13 – O, ECLI:EU:C:2014:2114, [2014] EUECJ C-81/13
Bailii, Bailii
Council Decision 2012/776/EU
European
Updated: 18 December 2021; Ref: scu.535373
ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, the provisions necessary to comply with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ 2006 L 157, p. 87).
C-330/09, [2010] EUECJ C-330/09
Bailii
European
Updated: 18 December 2021; Ref: scu.535379
ECJ (Judgment Of The Court (Seventh Chamber)) 1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 10)
C-295/09, [2010] EUECJ C-295/09
Bailii
European
Updated: 18 December 2021; Ref: scu.535378
ECJ Judgment – Appeal – Competition – Regulation (EC) No 1/2003 – Administrative procedure – Inspection – Decision ordering an inspection – Obligation to state reasons – Reasonable grounds – Geographic market
T. von Danwitz, P
ECLI:EU:C:2014:2030, [2014] EUECJ C-37/13
Bailii
Regulation (EC) No 1/2003
Citing:
Opinion – Nexans and Nexans France v Commission ECJ 3-Apr-2014
ECJ Opinion – Appeal – Competition – Regulation (EC) No 1/2003 – Administrative procedure – Unannounced inspection – Decision ordering an inspection – Obligation to state reasons – Geographical scope – Suspicion . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 18 December 2021; Ref: scu.535386
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective judicial protection – Equality of arms
Nils M Wahl AG
[2014] EUECJ C-169/14 – O, C-169/14
Bailii
Directive 93/13/EEC
Citing:
Order – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 5-Jun-2014
(Order Of The Court) . .
Cited by:
Position – Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA ECJ 17-Jul-2014
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure . .
Lists of cited by and citing cases may be incomplete.
European, Consumer
Updated: 18 December 2021; Ref: scu.535387
ECJ (Judgment Of The Court (Sixth Chamber)) – Failure of a Member State to fulfil obligations – Infringement of Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) – Data accompanying the application – Data use and protection – Confidentiality.
C-363/09, [2010] EUECJ C-363/09
Bailii
European, Information
Updated: 18 December 2021; Ref: scu.535385
ECJ (Advocate General’s Opinion) (French Text) Preliminary reference – Common agricultural policy – Single Payment Scheme – Regulation (EC) No 73/2009 – Article 34 – Definition of ‘permanent pasture’ – vegetated cover layer of a landfill located in phase aftercare – Concept predominantly agricultural use in the event of a mixed use of agricultural land
Nilo Jaaskinen AG
C-422/13, [2014] EUECJ C-422/13 – O, [2015] EUECJ C-422/13
Bailii, Bailii
Regulation (EC) No 73/2009
European
European
Updated: 18 December 2021; Ref: scu.535376
ECFI (Judgment Of The Court Of First Instance) (French Text) State aid – Restructuring of WestLB – Aid to remedy a serious disturbance in the economy of a Member State – Article 87, paragraph 3 b) EC – Decision declaring the aid compatible with the common market common under certain conditions – Action for annulment – Individual concern – Interest in bringing proceedings – Admissibility – Collegiality – Obligation to state reasons – Guidelines on State aid for rescuing and restructuring firms in difficulty – Proportionality – Principle of non- discrimination – Article 295 EC – Article 7, paragraph 4 of Regulation (EC) No 659/1999
T-457/09, [2014] EUECJ T-457/09, ECLI: EU: T: 2014:683
Bailii
Regulation (EC) No 659/1999
European
Updated: 18 December 2021; Ref: scu.535375
ECJ (Order Of The Court) (French Text) – Preliminary ruling – Protection of public health – National legislation laying down an obligation to vaccinate minors – Right of parents to refuse vaccination – Article 168 TFEU, Charter of Fundamental Rights of the European Union – Articles 33 and 35 – Implementation implementation of EU law – Absence – Manifest lack of jurisdiction
C-459/13, [2014] EUECJ C-459/13 – CO
Bailii
European
Updated: 18 December 2021; Ref: scu.535371
ECJ (Advocate General’s Opinion) (French Text) Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Directive 2000/78 – Age limit 30 years for participation in a competition for recruitment in a local police force – Justification
C-416/13, [2014] EUECJ C-416/13 – O, http://www.bailii.org/eu/cases/EUECJ/2014/C41613 – O.html, [2014] EUECJ C-416/13
Bailii, Bailii
European, Discrimination
Updated: 18 December 2021; Ref: scu.535374
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
C-512/09, [2010] EUECJ C-512/09
Bailii
Directive 2006/66/EC, Directive 91/157/EEC
European
Updated: 18 December 2021; Ref: scu.535384
ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/43/EC – Statutory audits of annual accounts and consolidated accounts – Failure to transpose completely within the prescribed period – Failure to communicate the measures to transpose the directive
C-294/09, [2010] EUECJ C-294/09, ECLI:EU:C:2010:200
Bailii
Directive 2006/43/EC
European
Updated: 18 December 2021; Ref: scu.535380
ECJ (Judgment Of The Court (Seventh Chamber)) – Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the measures necessary to comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies.
C-478/09, [2010] EUECJ C-478/09
Bailii
Directive 2007/63/EC, Directives 78/855/EEC
European
Updated: 18 December 2021; Ref: scu.535383
ECJ (Order Of The Court) (French Text) – Appeal – Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Likelihood of confusion – Definition of the relevant public
C-22/14, [2014] EUECJ C-22/14 – CO
Bailii
European, Intellectual Property
Updated: 18 December 2021; Ref: scu.535372
ECJ (Order of The Court) Appeal – Community trade mark- Regulation (EC) No 207/2009 – Article 8(1)(b) – Word mark MOL Blue Card – Opposition – Refusal to register
A. Borg Barthet, P
C-468/13, [2014] EUECJ C-468/13 – CO, ECLI:EU:C:2014:2116
Bailii
Regulation (EC) No 207/2009
European
Updated: 18 December 2021; Ref: scu.535369
ECJ Appeal – Non-contractual liability – Regulation (EC) No 1468/2006 – Levy in the milk and milk products – Manifest inadmissibility
C-643/13, [2014] EUECJ C-643/13 – CO, ECLI: EU: C: 2014:2118
Bailii
Regulation (EC) No 1468/2006
European
Updated: 18 December 2021; Ref: scu.535368
ECJ (Advocate General’s Opinion) (French Text) European Common Asylum System – Directive 2004/83/EC – Minimum standards for the conditions to be fulfilled by third-country nationals or stateless persons status and subsidiary protection – Third-country suffering a disability and authorized by a Member State to reside on its territory for medical reasons – Included in the scope of Directive 2004/83 – Article 2 e) – Definition of ‘person eligible for protection Subsidiary ‘- Article 15 b) – Definition of the term” serious harm’ – Real risk of suffering inhuman or degrading treatment upon return to the country of origin – Content of international protection – Articles 28 and 29 – Social and Medical Services – Equal treatment
Bot AG
C-542/13, [2014] EUECJ C-542/13 – O, ECLI: EU C: 2014:2113, [2014] EUECJ C-542/13
Bailii, Bailii
European, Immigration
Updated: 18 December 2021; Ref: scu.535367
ECJ (Order Of The Court) (French Text) Appeal – Regulation (EC) No 6/2002 – Community designs – Articles 4-6, 25, paragraph 1, b) and f), and 52 – Community design registered representative dials – Drawing or earlier Community design – Application for revocation
C-435/13, [2014] EUECJ C-435/13 – CO
Bailii
Regulation (EC) No 6/2002
European, Intellectual Property
Updated: 18 December 2021; Ref: scu.535365
ECFI (Order Of The Court Of First Instance) (French Text) Action for annulment – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 2013/2/UE – rolls, tubes and cylinders on which is wound a flexible material – Professional Association – Lack of direct concern – inadmissibility
T-202/13, [2014] EUECJ T-202/13 – CO, ECLI: EU: T: 2014 664
Bailii
Directive 94/62/EC, Directive 2013/2/UE
European, Environment
Updated: 18 December 2021; Ref: scu.535362
ECFI (French Text) (Judgment Of The Court Of First Instance) Arbitration clause – Sixth Framework Programme for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002-2006) – Contracts Access-eGOV, EU4ALL, eABILITIES, Emerge, Enable, Ask-It ‘- Programme eTEN on trans-European telecommunications networks – navigabile Contracts and Euridice – Framework Programme for Competitiveness and Innovation – Contract T-Seniority – Payment of balance – Counterclaim – Repayment sums advanced – Liquidated damages
T-59/11, [2014] EUECJ T-59/11
Bailii
European, Arbitration
Updated: 18 December 2021; Ref: scu.535364
ECJ (Order Of The Court) (French Text) Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Brands – Right of a trade mark owner to oppose the first placing on the market in the European Economic Area (EEA), without his consent, products bearing the mark
C-535/13, [2014] EUECJ C-535/13 – CO, ECLI: EU: C: 2014:2123
Bailii
European
Intellectual Property
Updated: 18 December 2021; Ref: scu.535363
ECJ (Judgment Of The Court Of First Instance) Public service contracts – Tender procedure – Provision of translation into Polish – Decision amending Decision placing her first on the list of bidders – Award of main framework contract to another Bidder – Request for Review – Time – Stay of proceedings – Transparency – Equal treatment ‘
MM. Frimodt S. Nielsen, P
T-48/12, [2014] EUECJ T-48/12, ECLI: EU: T: 2014:680
Bailii
European
Updated: 18 December 2021; Ref: scu.535360
ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Autorita per the following Vigilanza Contratti pubblici di lavori, servizi e forniture – Article 267 TFEU – Meaning of ‘national court or tribunal – Lack of jurisdiction of the Court
E. Juhasz (Rapporteur), P
C-427/13, [2014] EUECJ C-427/13 – CO, ECLI: EU: C: 2014:2121
Bailii
European
Updated: 18 December 2021; Ref: scu.535359
ECJ (Order Of The Court) Appeals – Article 181 of the Rules of Procedure of the Court – Community trade mark – Opposition proceedings – Article 169(1) of the Rules of Procedure – Appeal not challenging the operative part of the judgment under appeal – Appeal manifestly inadmissible
C-490/13, [2014] EUECJ C-490/13 – CO
Bailii
European, Intellectual Property
Updated: 18 December 2021; Ref: scu.535358
ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for annulment – producing binding legal effects such as to affect the legal status of an individual – Article 263 TFEU
Niilo Jaaskinen AG
C-261/13, [2014] EUECJ C-261/13 – O, ECLI: EU: C: 2014:2107, [2014] EUECJ C-261/13
Bailii, Bailii
European
Updated: 18 December 2021; Ref: scu.535370
ECJ Judgment of the Court – Appeal – Community trade mark – Figurative mark Walzer Traum – Opposition by the proprietor of the national word mark Walzertraum – Concept of genuine use of the mark – Failure to take into account previous decisions – Principle of equal treatment
JL da Cruz Vilaca, P
C-141/13, [2014] EUECJ C-141/13, ECLI:EU:C:2014:2089
Bailii
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534453
ECJ Judgment Of The Court – Request for a preliminary ruling – Tariff classification – Common Customs Tariff – Combined Nomenclature – Headings 3204, 3212 and 3822 – Substance producing, by chemical reaction and exposure to a laser light, a fluorescent effect intended for the analysis of white blood cells
M Safjan, P
C-480/13, [2014] EUECJ C-480/13
Bailii
European
Customs and Excise
Updated: 17 December 2021; Ref: scu.534454
ECJ Competition policy Articles 81 EC and 82 EC Article 15(3) of Regulation (EC) No 1/2003 – Written observations submitted by the Commission – National dispute concerning the deductibility from tax of a fine imposed by a Commission decision
K. Lenaerts, P
[2009] EUECJ C-429/07
Bailii
Regulation (EC) No 1/2003, EC 8
Citing:
Opinion – Inspecteur van de Belastingdienst v X Bv ECJ 5-Mar-2009
ECJ Opinion – Competition Policy Articles 81 EC and 82 EC Article 15, paragraph 3 of Regulation (EC) No 1/2003 Amicus curiae written comments submitted by the National Commission Litigation tax deductibility of a . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 17 December 2021; Ref: scu.534458
ECJ Grand Chamber – Transfer of a company’s place of effective management to a Member State other than that in which it is incorporated – Freedom of establishment – Article 49 TFEU – Taxation of unrealised capital gains relating to the assets of a company transferring its place of management between Member States – Determination of the amount of tax at the time of the transfer of the place of management – Immediate recovery of the tax – Proportionality
A. Tizzano, P
[2011] EUECJ C-371/10
Bailii
Citing:
Opinion – National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam ECJ 8-Sep-2011
ECJ Opinion – Freedom of establishment – Companies – Exit taxation for companies that move their headquarters to another Member State – Establishment and taxation of hidden reserves – unrealized foreign exchange . .
Lists of cited by and citing cases may be incomplete.
European, Company, Capital Gains Tax
Updated: 17 December 2021; Ref: scu.534457
ECJ Reference for a preliminary ruling – Geneva Convention of 28 July 1951 relating to the Status of Refugees – Article 31 – Third country national who has entered the territory of a Member State after passing through another Member State – Use of the services of human traffickers – Unauthorised entry and stay – Presentation of a forged passport – Criminal penalties – Lack of jurisdiction of the Court
L Bay Larsen (Rapporteur), P
C-481/13, [2014] EUECJ C-481/13, ECLI:EU:C:2014:2101
Bailii
European, Immigration
Updated: 17 December 2021; Ref: scu.534452
ECJ Judgment Of The Court – VAT – Directive 2006/112/EC – Articles 16 and 18 – Financial leasing – Goods under a financial leasing contract – Non-recovery of those goods by the leasing company after the termination of the contract – Missing goods
C-438/13, [2014] EUECJ C-438/13, ECLI:EU:C:2014:2093
Bailii
European, VAT
Updated: 17 December 2021; Ref: scu.534443
ECJ Advocate General’s Opinion – Appeal – Dumping – Implementing Regulation (EU) No 464/2011 – Importation of zeolite A powder originating in Bosnia and Herzegovina – Regulation (EC) No 1225/2009 – Article 2 – Normal Value – Commercial Operations normal
Mengozzi AG
C-393/13, [2014] EUECJ C-393/13 – O, ECLI: EU: C: 2014:2105, [2014] EUECJ C-393/13
Bailii, Bailii
Regulation (EU) No 464/2011, Regulation (EC) No 1225/2009
European, Customs and Excise
Updated: 17 December 2021; Ref: scu.534446
ECJ Judgment Of The Court – Failure to fulfill obligations – Environment – Waste Management – Directives 2008/98/EC, 1999/31/EC and 92/43/EEC – Discharge of waste on the island of Zakynthos – Zakynthos National Marine Park – Natura 2000 site – Sea turtle Caretta caretta – Extension of validity of environmental clauses – Lack of management plan – Operation of a landfill – Troubleshooting – Saturation discharge – Infiltration leachate – Insufficient coverage and dispersion of waste – Extension discharge
C-600/12, [2014] EUECJ C-600/12, ECLI: EU: C: 2014:2086
Bailii
European
Updated: 17 December 2021; Ref: scu.534445
ECJ Judgment Of The Court – Appeal – Competition – Article 86, paragraph 3, CE – Continuing special rights granted by the Hellenic Republic in favor of a public company for the exploration and exploitation of lignite deposits – Offence – Decision – Conflict with the Law Union – Subsequent Decision – Implementation of specific measures – Solution competitive effects of the infringement – Action for annulment
Ilesic Rap P
C-554/12, [2014] EUECJ C-554/12, ECLI: EU: C: 2014:2085
Bailii
European, Commercial
Updated: 17 December 2021; Ref: scu.534444
Appeal from the determination of the Upper Tribunal (Immigration and Asylum Chamber) [2013] UKUT 89 (IAC) as to whether a third country national ex-spouse of a Union citizen must be able to show that their former spouse was exercising Treaty rights in the host Member state at the time of their divorce in order to retain a right of residence under Article 13(2) of Directive 2004/38/EC.
Dyson L MR, Sullivan, Sharp LJJ
[2014] EWCA Civ 995
Bailii
Directive 2004/38/EC 13(2)
England and Wales
Immigration, European, Family
Updated: 17 December 2021; Ref: scu.534419
ECFI Judgment – Community trade mark – Opposition proceedings – Application for figurative Community trade mark Bacione ANTONIO – Earlier Community figurative mark Errea and earlier national figurative mark representing two intertwined diamonds – Relative grounds for refusal – No likelihood of confusion – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the earlier mark – Article 8, paragraph 5, of Regulation No 207/2009
T-36/13, [2014] EUECJ T-36/13, ECLI: EU: T: 2014:673Intellectual Property
Bailii
Regulation No 207/2009
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534367
ECJ Judgment – State aid – Services disposal of animal carcasses and slaughterhouse waste – Maintenance of reserve capacity in case of an outbreak – Decision declaring the aid incompatible with the internal market – Business Concept – Advantage – Service of general economic interest – Compensation on the public service obligation – Effect on trade between Member States and distortion of competition – Existing aid or new aid – Need help – Subsidiarity – Legitimate expectations – Legal certainty – Proportionality
MM. A. Dittrich (Rapporteur), P
T-309/12, [2014] EUECJ T-309/12
Bailii
European, Agriculture
Updated: 17 December 2021; Ref: scu.534372
ECFI (Judgment) Foreign policy and security policy – Restrictive measures against Iran in order to prevent nuclear proliferation – Freezing of funds – Action for annulment – sub-state entity – Quality and locus standi – Admissibility – Obligation to state reasons – Indication and choice of legal basis – Jurisdiction of Board – Principle of foreseeability of Union acts – of support to nuclear proliferation Concept – Manifest error of assessment – Rights of the defense and the right to effective judicial protection – Proportionality – Right to property
M. van der Woude (Rapporteur), P
T-578/12, [2014] EUECJ T-578/12
Bailii
European
Updated: 17 December 2021; Ref: scu.534371
ECJ Judgment – Community trade mark – Invalidity proceedings – Application for the Community figurative mark ‘la nana’ – Earlier national word mark NANA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – No genuine use of the earlier mark – Article 57(2) and (3) of Regulation No 207/2009
A. Dittrich, P
T-196/13, [2014] EUECJ T-196/13
Bailii
Regulation (EC) No 207/2009 8(1)(b) 57(2) 57(3)
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534370
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark FEMIVIA – Earlier Community word mark FEMIBION – International registration designating the European Community of the earlier figurative mark femibion – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
T-324/13, [2014] EUECJ T-324/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European
Updated: 17 December 2021; Ref: scu.534366
ECFI Judgment – State aid – Services disposal of animal carcasses and slaughterhouse waste – Maintenance of reserve capacity in case of an outbreak – Decision declaring the aid incompatible with the internal market – Advantage – Service of general economic interest – Compensation on the public service obligation – Effect on trade between Member States and distortion of competition – Need help – Subsidiarity – Obligation to state reasons
T-295/12, [2014] EUECJ T-295/12
Bailii
European
Updated: 17 December 2021; Ref: scu.534368
ECFI Judgment – Community trade mark – Application for a three-dimensional Community trade mark – Shape of a bottle of liquor – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) and paragraph 2, Article 75, Article 76, paragraph 1 and Article 77 of Regulation (EC) No 207/2009
T-66/13, [2014] EUECJ T-66/13
Bailii
Regulation (EC) No 207/2009 77
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534369
ECJ Judgment – Appeal – Community trade mark – Word Peek and Cloppenburg – Opposition another holder business name ‘Peek and Cloppenburg’ – Refusal of registration
Mr. Safjan (Rapporteur), P
C-325/13, [2014] EUECJ C-325/13, ECLI: EU: C: 2014:2059
Bailii
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534344
ECJ Advocate General’s Opinion -EEC-Turkey Association – Decision No 3/80 of the Association Council – Social security of migrant workers – Supplementary benefit allocated on the basis of national legislation – Residence criterion – Article 6(1) of Decision No 3/80 – Exportability of benefits – Recipients holding multiple citizenships – Citizenship of a Member State of the European Union – Article 59 of the Additional Protocol to the EEC-Turkey Association Agreement – Non-preferential treatment clause
Wahl AG
C-171/13, [2014] EUECJ C-171/13 – O, [2015] EUECJ C-171/13
Bailii, Bailii
European
Updated: 17 December 2021; Ref: scu.534337
ECFI Judgment – Competition – Agreements, decisions and concerted practices – Paraffin waxes market – Slack wax market – Decision finding an infringement of Article 81 EC – Price fixing and market sharing – Liability of a parent company for the infringements of the competition rules committed by its subsidiaries and by a joint venture owned in part by it – Decisive influence exercised by the parent company – Presumption where the parent company holds 100% of the shares – Succession of undertakings – Proportionality – Equal treatment -2006 Guidelines on the method of setting fines – Aggravating circumstances – Role of leader – Setting a limit on the fine – Unlimited jurisdiction
O. Czucz (Rapporteur), P
T-541/08, [2014] EUECJ T-541/08
Bailii
European, Commercial
Updated: 17 December 2021; Ref: scu.534346
ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark PROTEKT – Community word marks PROTECTA – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Article 75 of Regulation No 207/2009
T-576/12, [2014] EUECJ T-576/12
Bailii
Regulation No 207/2009 75
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534342
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Viavita – National word mark earlier VILA VITA PARC and the earlier figurative VILA VITA – Absence of genuine use of the earlier marks – Article 42, paragraphs 2 and 3, and Article 15 paragraph 1 a) of Regulation (EC) No 207/2009
Mr. D. Gratsias, P
T-204/12, [2014] EUECJ T-204/12, ECLI: EU: T: 2014:646
Bailii
European
Updated: 17 December 2021; Ref: scu.534349
ECJ Order – Appeal – Action for annulment – Period of use – Validity of notification of a decision of the Commission to the Permanent Representative of a Member State – Determination of the date of this notification – Rules of Procedure of the Court – Article 181 – Appeal manifestly unfounded
E. Juhasz, P
C-102/13, [2014] EUECJ C-102/13 – CO
Bailii
European
Updated: 17 December 2021; Ref: scu.534339
ECFI Judgment – Community trade mark – Application for Community word mark Wash and Coffee – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Examination of the facts – Article 76, paragraph 1 of Regulation No 207/2009
ECLI: EU: T: 2014:647, T-5/12, [2014] EUECJ T-5/12
Bailii
Regulation (EC) No 207/2009
European
Updated: 17 December 2021; Ref: scu.534336
ECFI Judgment – EAGGF – Guarantee Section – Expenditure excluded from financing – Premiums cattle – fat and olive oil – Dried fodder – Effectiveness of Controls – Plan sanctions
Mme ME Martins Ribeiro, Acting President
T-463/07, [2014] EUECJ T-463/07, ECLI: EU: T: 2014:665
Bailii
European, Agriculture
Updated: 17 December 2021; Ref: scu.534340
ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark PROTEKT – Spanish word marks PROTEK – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Article 75 of Regulation No 207/2009
Mme M. E. Martins Ribeiro (Rapporteur), P
T-18/13, [2014] EUECJ T-18/13
Bailii
Regulation (EC) No 207 / 2009 8 75
European, Intellectual Property
Updated: 17 December 2021; Ref: scu.534341
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – Manifest inadmissibility
A. Borg Barthet, P
C-92/14, [2014] EUECJ C-92/14 – CO
Bailii
Directives 93/13/EEC
European
Updated: 16 December 2021; Ref: scu.534107
ECJ Preliminary reference – Articles 53, paragraph 2, and 94 of the Rules of Procedure of the Court – Lack of sufficient information regarding the factual and legislative context of the main proceedings and the reasons justifying the need for an answer to the question – manifestly inadmissible
C-19/14, [2014] EUECJ C-19/14 – CO
Bailii
European
Updated: 16 December 2021; Ref: scu.534106
ECJ Judgment – Reference for a preliminary ruling – Internal market – Directive 98/34/EC – Third subparagraph of Article 8(1) – Information procedure in the field of technical rules and regulations – Notion of ‘technical regulation’ – Hens for egg production – Shortening of a timetable for implementation originally envisaged for the entry into force of the technical rule – Obligation to notify – Conditions – Discrepancies between language versions
J.L. da Cruz Vilaca, P
C-307/13, [2014] EUECJ C-307/13
Bailii
Directive 98/34/EC 8(1)
European
Updated: 16 December 2021; Ref: scu.534098
ECJ Judgment – Appeal – EAGGF EAGF and EAFRD – Expenditure excluded from funding from the European Union – Olive oil – Arable crops – Manifest error of assessment – Increase the rate of rate correction due to the recurrence of failure – Impact the CAP reform on the flat-rate correction – Proportionality – Nature of expenditure for the establishment of olive GIS
A. Borg Barthet, P
C-391/13, [2014] EUECJ C-391/13
Bailii
European, Agriculture
Updated: 16 December 2021; Ref: scu.534097
ECJ Judgment – Request for a preliminary ruling – Public procurement – Contracts falling below the threshold provided for in Directive 2004/18/EC – Articles 49 TFEU and 56 TFEU – Principle of proportionality – Conditions for exclusion from a tender procedure – Criteria for qualitative selection relating to the personal situation of the tenderer – Obligations relating to the payment of social security contributions – Definition of serious infringement – Difference between the sums owed and those paid which exceeds EUR 100 and is greater than 5% of the sums owed
A. Rosas
C-358/12, [2014] EUECJ C-358/12
Bailii
Directive 2004/18/EC
European
Updated: 16 December 2021; Ref: scu.534095
ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure – Charter of Fundamental Rights of the European Union – National legislation establishing wage rates for some public sector workers – Lack of implementation of EU law – manifest lack of jurisdiction
C-264/12, [2014] EUECJ C-264/12 – CO
Bailii
European
Updated: 16 December 2021; Ref: scu.534089
ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 7, paragraph 1, sub c) – Descriptive character – Refusal of registration of the word mark ecoDoor – Characteristic of a part of a product’
Mme Silva de Lapuerta P
C-126/13, [2014] EUECJ C-126/13
Bailii
Regulation (EC) No 207/2009 7
European, Intellectual Property
Updated: 16 December 2021; Ref: scu.534093
ECJ Judgment – Failure of a Member State to fulfil obligations – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Complete harmonisation – Exclusion of the professions, dentists and physiotherapists – Restriction or prohibition of certain types of itinerant trading activities
Ilesic P
C-421/12, [2014] EUECJ C-421/12
Bailii
Directive 2005/29/EC
European, Consumer
Updated: 16 December 2021; Ref: scu.534094
ECJ Judgment – Taxation – VAT – Directive 77/388/EEC – Article 17(5), third subparagraph, point (c) – Article 19 – Deduction of input tax – Leasing transactions – Mixed use goods and services – Rule for determining the amount of the VAT deduction – Derogation – Conditions)
L. Bay Larsen, P
C-183/13, [2014] EUECJ C-183/13
Bailii
Directive 77/388/EEC 17(5)
European, VAT
Updated: 16 December 2021; Ref: scu.534092
ECJ (Judgment) Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds and economic resources – Restrictions on the entry into and transit through the European Union – Rights of defence – Right to an effective judicial remedy – Obligation to state reasons – Error of assessment
G. Berardis (Rapporteur), P
T-329/12, [2014] EUECJ T-329/12
Bailii
European
Updated: 16 December 2021; Ref: scu.534090
ECJ Opinion – Action for annulment – Regulation (EU) No 492/2011 – Implementing Decision of the Commission – Exceeding the powers of the Commission – Interpretation of Articles 290 and 291 TFEU – Implementing acts – EURES Network – Accuracy of the normative content a legislative act
Cruz Villalon AG
C-65/13, [2014] EUECJ C-65/13 – O, [2014] EUECJ C-65/13
Bailii, Bailii
Regulation (EU) No 492/2011
European
Updated: 16 December 2021; Ref: scu.534104
ECJ Judgment – Community trade mark – Application for Community figurative mark gifflar – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – No acquired through use distinctive character – Article 7, paragraph 1, b) and c), and paragraph 3 of Regulation (EC) No 207/2009
Mme M E Martins Ribeiro, P
T-520/12, [2014] EUECJ T-520/12
Bailii
Regulation (EC) No 207/2009 7
European, Intellectual Property
Updated: 16 December 2021; Ref: scu.534103
ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Raisins – Wine – Expenditures by Greece – time financial Correction – Method of calculation – Nature of the clearance of accounts – Link expenditure financed by the Union
MM A. Dittrich, P
T-376/12, [2014] EUECJ T-376/12
Bailii
European, Agriculture
Updated: 16 December 2021; Ref: scu.534096
ECJ Judgment – ‘Community trade mark – Opposition proceedings – Application for Community word mark HEATSTRIP – Relative ground for refusal – Article 8, paragraph 3 of Regulation (EC) No 207/2009 – Articles 75 and 76 of Regulation No 207/2009
MM. Frimodt S. Nielsen, P
T-184/12, [2014] EUECJ T-184/12
Bailii
European, Intellectual Property
Updated: 16 December 2021; Ref: scu.534101
ECJ Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Identification of goods or services for which the protection of a trade mark is sought – Requirements of clarity and precision – Nice Classification – Retail trade – Bringing together of servic
Ilesic P
C-420/13, [2014] EUECJ C-420/13
Bailii
Directive 2008/95/EC
European, Intellectual Property
Updated: 16 December 2021; Ref: scu.534102
ECJ Judgment – Appeal – Civil service – Officials – Non-contractual liability – Personal Injury relatives of a deceased official – Damage suffered by the employee before his death – Powers of the Court and the Court of Public – Rule match demand for compensation and the complaint against the decision rejecting the application
MM. M. Jaeger, P
T-401/11, [2014] EUECJ T-401/11, [2017] EUECJ T-401/11, [2019] EUECJ T-401/11P-DEP_CO
Bailii, Bailii, Bailii
European, Personal Injury
Updated: 16 December 2021; Ref: scu.534100
ECJ Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Scope – Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought – No right to compensation in the case of invalid dismissals – Subrogation of the employee to the right to compensation of his employer in the event of that employer’s provisional insolvency – Discrimination against employees who are the subject of an invalid dismissal – Charter of Fundamental Rights of the European Union – Scope – Article 20
T. von Danwitz (Rapporteur), P
C-198/13, [2014] EUECJ C-198/13
Bailii
Directive 2008/94/EC
European, Employment, Insolvency
Updated: 16 December 2021; Ref: scu.534099
Europaa Appeals – Right of access to documents of the institutions – Pleadings lodged by the Commission in proceedings before the Court of Justice and the Court of First Instance.
C-514/07, [2009] EUECJ C-514/07 – O
Bailii
European
Cited by:
Opinion – Sweden v API and Commission (Law Governing The Institutions) ECJ 21-Sep-2010
ECJ (Grand Chamber) Appeals – Right of access to documents of the institutions – Regulation (EC) No 1049/2001 – Second and third indents of Article 4(2) – Pleadings lodged by the Commission in proceedings before . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 16 December 2021; Ref: scu.375632
Mr Justice Colman
[2003] EWHC 3088 (Comm), [2004] 2 Costs LR 267, [2004] 1 Lloyd’s Rep 636
Bailii
England and Wales
Citing:
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 by:
Appeal from – Arkin v Borchard Lines Ltd and others CA 26-May-2005
The court considered the costs aftermath of a huge claim undertaken on a no win no fee basis and failing. The funder of the claim complained at an award of costs against it.
Held: Those who fund litigation must accept that their risks extend . .
Lists of cited by and citing cases may be incomplete.
Commercial, European, Costs
Updated: 16 December 2021; Ref: scu.188862
Europa Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is regarded as minor because it regularly consists of fewer than 15 hours’ work a week and regularly attracts remuneration of up to one-seventh of the average monthly salary form part of the working population within the meaning of Article 2 of that directive and therefore fall within its scope ratione personae. The fact that a person’ s earnings from employment do not cover all his needs cannot prevent him from being under Community law a worker or a member of the working population. 2. Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as not precluding national provisions under which employment regularly consisting of fewer than 15 hours’ work a week and regularly attracting remuneration of up to one-seventh of the average monthly salary is excluded from the statutory old-age insurance scheme, even where they affect considerably more women than men, since the national legislature was reasonably entitled to consider that the legislation in question was necessary in order to achieve a social policy aim unrelated to any discrimination on grounds of sex. That will be the case where the exclusion of such employment from compulsory insurance corresponds to a structural principle of a contributory social security scheme, is the only means of satisfying a social demand for such employment and is designed to avoid an increase in unlawful employment and devices circumventing social legislation.
C-317/93, [1995] ECR I-4625, [1995] EUECJ C-317/93
Bailii
Cited by:
Cited – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination
Updated: 16 December 2021; Ref: scu.161154
ECJ Directive 2004/83/EC – Minimum standards relating to the conditions for granting refugee status or subsidiary protection status – Article 10(1)(d) – Membership of a particular social group – Sexual orientation – Reason for persecution – Article 9(1) – Concept of ‘persecution’ – Well-founded fear of being persecuted on account of membership of a particular social group – Acts sufficiently serious to justify such a fear – Legislation criminalising homosexual acts – Article 4 – Individual assessment of the facts and circumstances
L Bay Larsen (Rapporteur), P
[2013] EUECJ C-199/12, [2014] 1 QB 1111, ECLI:EU:C:2013:720, [2014] 2 CMLR 16, [2014] 3 WLR 770, [2013] WLR(D) 427, [2014] Imm AR 440
Bailii, WLRD
Directive 2004/83/EC
European
Citing:
Opinion – X, Y And Z v Minister Voor Immigratie, Integratie En Asiel ECJ 11-Jul-2013
ECJ Opinion – Directive 2004/83/EC – Conditions to be met by third country nationals or stateless persons claiming refugee status – Meaning of persecution – Sexual orientation . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 December 2021; Ref: scu.554526
ECJ EEC-Turkey Association Agreement – Additional Protocol – Article 41(1) – ‘Standstill’ clause – Visa requirement for admission to the territory of a Member State – Freedom to provide services – The right of a Turkish national to enter a Member State in order to visit a family member and, potentially, to receive services
V. Skouris, P
[2013] EUECJ C-221/11, C-221/11
Bailii
Citing:
Opinion – Leyla Ecem Demirkan v Federal Republic of Germany ECJ 11-Apr-2013
ECJ (Opinion) EEC-Turkey Association Agreement – Article 41(1) of the Additional Protocol – Standstill clause – Freedom to provide services – ‘Passive’ freedom to provide services – Entry for Turkish nationals . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 16 December 2021; Ref: scu.533877
ECJ Reference for a preliminary ruling – EEC-Turkey Association Agreement – Article 13 of Decision No 1/80 of the Association Council – ‘Standstill’ clauses – ‘Legally resident’
R. Silva de Lapuerta (Rapporteur), P
[2013] EUECJ C-225/12, C-225/12, ECLI:EU:C:2013:725
Bailii
European
Citing:
Opinion – C. Demir v Staatssecretaris Van Justitie ECJ 11-Jul-2013
ECJ Opinion – EEC-Turkey Association Agreement – Freedom of movement for workers – Standstill obligation under Article 13 of Decision No 1/80 – Scope – Legislation of a Member State requiring possession of a . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 16 December 2021; Ref: scu.533876
ECJ Judgment – appeal – Civil service – Officials – Reports – Evaluation Report – Evaluation of 2009 – Rule of concordance between the query and the complaint – Article 91, paragraph 2, of the Staff Regulations – Notice the ad hoc group – Distortion – Obligation to state reasons – Manifest error of assessmen
MM. M. Jaeger, P
T-644/11, [2014] EUECJ T-644/11, [2014] T EUECJ -644/11
Bailii
European
Updated: 16 December 2021; Ref: scu.533834
ECFI Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Period allowed for commencing proceedings – Admissibility – Obligation to state reasons – Error of assessment
M. van der Woude (Rapporteur), P
T-181/13, [2014] EUECJ T-181/13, ECLI:EU:T:2014:607
Bailii
European
Updated: 16 December 2021; Ref: scu.533836
ECJ Opinion – Taxation – VAT – Article 8, paragraph 1 a), first sentence, of the Sixth Directive 77/388/EEC – Place of delivery of goods if shipping or transportation – Moment where the shipping destination the purchaser takes his departure in case of interruption for changing the object in the Member State of the purchaser – Article 28 bis, paragraphs 5, 6 and 7 of Directive 77/388/EEC – Transfer and assignment intra a well – Article 28c, Part A, a) of the Sixth Directive 77/388/EEC – Exempt intra-Community deliveries
Mme Juliane Kokott AG
C-446/13, [2014] EUECJ C-446/13 – O, ECLI: EU: C: 2014:2047, [2014] EUECJ C-446/13
Bailii, Bailii
Sixth Directive 77/388/EEC
European, VAT
Updated: 16 December 2021; Ref: scu.533832
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark ICC COPISA INDUSTRIAL – Spanish figurative mark earlier Cpi construccion promociones e instalaciones, and its trade name prior Construccion, Promotions e Instalaciones, SA-CPI – Relative grounds for refusal – Article 8 , paragraph 1 b), and paragraph 4 of Regulation (EC) No 207/2009 – No evidence of genuine use of the earlier mark – No evidence of use in the course of trade name previous trade
M. Prek (Rapporteur), P
T-345/13, [2014] EUECJ T-345/13, ECLI: EU: T: 2014:614
Bailii
European, Intellectual Property
Updated: 16 December 2021; Ref: scu.533831