Construccion, Promociones E Instalaciones v OHMI – Copisa Proyectos Y Mantenimientos Industriales: ECFI 4 Jul 2014

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

National Iranian Tanker Company v Council: ECFI 3 Jul 2014

ECJ Judgment – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Error of assessment – Adjustment of the temporal effects of an annulment

M. van der Woude (Rapporteur), P
T-565/12, [2014] EUECJ T-565/12
Bailii

European

Updated: 16 December 2021; Ref: scu.533752

Fiamingo and Others v Rete Ferroviaria Italiana SpA: ECJ 3 Jul 2014

ECJ (Judgment Of The Court) Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Maritime sector – Ferries making crossings between two ports situated in the same Member State – Successive fixed-term employment contracts – Clause 3(1) – Concept of ‘fixed-term employment contract’ – Clause 5(1) – Measures to prevent abuse arising from the use of fixed-term contracts – Penalties – Conversion of the employment contract into one of indefinite duration – Conditions

Ilesic P
C-362/13, [2014] EUECJ C-362/13, ECLI:EU:C:2014:2044
Bailii
Directive 1999/70/EC

European

Updated: 16 December 2021; Ref: scu.533749

Greece v Commission: ECJ 19 Jun 2014

ECJ Order Of The Court – Appeal – EAGGF EAGF and EAFRD – Expenditure excluded from funding from the European Union – Expenditure incurred by the Hellenic Republic

Safjan, P
C-552/12, [2014] EUECJ C-552/12 – CO
Bailii
European

European

Updated: 16 December 2021; Ref: scu.533724

UPC Dth Sarl v Nemzeti: ECJ 30 Apr 2014

ECJ (Judgment Of The Court (Second Chamber)) Telecommunications sector – Electronic communications networks and services – Freedom to provide services – Article 56 TFEU – Directive 2002/21/EC – Cross-border provision of a package of radio and television programmes – Conditional access – Competence of the national regulatory authorities – Registration – Requirement of establishment

R. Silva de Lapuerta, P
C-475/12, [2014] EUECJ C-475/12
Bailii
Directive 2002/21/EC, Article 56 TFEU

European

Updated: 16 December 2021; Ref: scu.533745

Teisseyre And Teisseyre v Minister Skarbu Panstwa: ECJ 19 Jun 2014

ECJ Order Of The Court – Preliminary ruling – Article 18 TFEU – Citizenship of the Union – Non-discrimination – Compensation for loss of property abandoned outside the present borders of the Member State – Condition of citizenship – No attachment to the right of the Union – Manifest lack of jurisdiction of the Court

C-370/13, [2014] EUECJ C-370/13 – CO
Bailii
TFEU 18
European

European

Updated: 16 December 2021; Ref: scu.533727

Braun v Land Baden-Wurttemberg: ECJ 3 Jul 2014

ECJ (Judgment of The Court) Request for a preliminary ruling – Taxation – Directive 69/335/EEC – Indirect taxes on the raising of capital – Article 10(c) – Conversion of a capital company into a different type of capital company not involving any increase in capital – Fees demanded for the drawing up of a notarial act recording that conversion

R. Silva de Lapuerta, P
C-524/13, [2014] EUECJ C-524/13, ECLI:EU:C:2014:2045
Bailii

European

Updated: 16 December 2021; Ref: scu.533746

Electrabel v Commission: ECJ 3 Jul 2014

ECJ (Judgment Of The Court) Appeal – Concentration of undertakings – Commission Decision – Sentenced to pay a fine – Violation of Article 7 of Regulation (EEC) No 4064/89 – Control of concentrations between undertakings – Article 14, paragraph 3 – Factors to be taken into account in determining the amount of the fine – Taking into account the duration of the infringement – Principle of non-retroactivity of the law – Application of Regulation (EC) No 139/2004 – Obligation motivation

E. Juhasz, P
C-84/13, [2014] EUECJ C-84/13
Bailii
Regulation (EEC) No 4064/89 7

European

Updated: 16 December 2021; Ref: scu.533748

Assange v The Swedish Prosecution Authority: SC 30 May 2012

The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Held: The appeal failed (Lord Mance dissenting). The term ‘judicial authority’ had a range of meanings. Under previous law a request might have been made, as here, by a prosecutor. Though the Framework decision had altered as it progressed through the legislative process, the original French phrase of the adopted document clearly included a prosecutorial authority. Pepper v Hart could not be used to allow the court to look to discussions prior to enactment to assist in interpretation of the Act.
Lord Mance said that the presumption that Parliament intends to give effect to international obligations is always subject to the will of Parliament as expressed in the language of the statute. In this case, the correct interpretation of ‘judicial authority’ in the Framework Decision, a question of EU law, was far from certain. If Parliament wanteded to restrict the power to issue EAWs to judges or courts, that would not have required a deliberate intention to legislate inconsistently with the Framework Decision. As the words in the statute were ambiguous, it was appropriate to have regard to ministerial statements, and those statements showed that repeated assurances were given that an issuing judicial authority would have to be a court, judge or magistrate.
Lord Phillips said that: ‘under the scheme of the Framework Decision the safeguard against the inappropriate issue of an EAW lies in the process antecedent to the issue of the EAW.’

Lord Phillips, President, Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr, Lord Dyson
[2012] UKSC 22, UKSC 2011/0264, [2012] 2 AC 471, [2012] 3 WLR 1, [2012] 4 All ER 1249, [2013] 1 CMLR 4, [2012] 2 WLR 1275
Bailii, Bailii Summary, SC Summary, SC
Extradition Act 2003, Framework Decision on the European arrest warrant and surrender procedures between Member States of the European Union 2002/584/JHA
England and Wales
Citing:
At Magistrates Court – The Judicial Authority in Sweden v Assange 24-Feb-2011
(City of Westminster Magistrates’ Court – Sitting at Belmarsh Magistrates’ Court) The authority sought the extradition of the defendant to Sweden to face prosecution on allegations of sexual assaults. The defendant argued that the Act allowed . .
Appeal from – Assange v Swedish Prosecution Authority Admn 2-Nov-2011
The defendant argued that he should not be extradited under a European Arest warrant to Sweden to face allegations of serious sexual assaults. He argued that the prosecutor requesting the extradition was not a judicial authority, that some offences . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Criminal proceedings against Pupino ECJ 16-Jun-2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable . .
Cited – Dabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
Cited – Schiesser v Switzerland ECHR 4-Dec-1979
. .
Cited – Piaggio (Germany) 14-Feb-2007
Court of Cassation Sez 6 (Italy). The appellant challenged the issue by the Hamburg Public Prosecutor’s Office of a European Arrest Warrant on the ground that it should have been issued and signed by a judge.
Held: The argument failed: ‘The . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Medvedyev And Others v France ECHR 29-Mar-2010
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but . .
Cited – Dhar v National Office of The Public Prosecution Service The Netherlands Admn 28-Mar-2012
King J discussed the issuing of certificates in extradition requests: ‘True it is that the certificate must be certifying that the issuing authority has been designated by the law of the requesting state as the competent judicial authority for the . .

Cited by:
Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial . .
See Also – David and Others, Re Sureties Assange Misc 3-Oct-2012
Sureties must fulfil duty to ensure surrender
(Westminster Magistrates Court) The parties had given surety for a Julian Assange who had been granted bail. On his failure to surrender to bail, the recognizances were declared forfeit. The parties now appealed. They had not attended the hearing at . .
Cited – French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal PC 13-Jun-2013
(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits. . .
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
See Also – Assange, An Application By (Cancel An Arrest Warrant : Ruling No 1) Misc 6-Feb-2018
(Westminster Magistrates Court) Application on behalf of Julian Assange to have withdrawn an arrest warrant issued when Mr Assange did not surrender for extradition to Sweden. . .
See Also – Assange, An Application By (Cancel An Arrest Warrant : Ruling No 2) Misc 11-Feb-2018
(Westminster Magistrates Court) . .
See Also – United States of America v Assange Misc 4-Jan-2021
Westminster Magistrates Court – The defendant resisted a request for extradition to the USA.
Held: Extradition was refused on the sole basis that the defendant was already in a weak and susceptible mental health condition, and the indications . .
See Also – United States of America v Assange Admn 11-Aug-2021
Appeal from refusal of extradition order on grounds of defendant’s mental health.
Held: Leave granted. . .
See Also – United States of America v Assange Admn 10-Dec-2021
The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court . .

Lists of cited by and citing cases may be incomplete.

Extradition, European

Leading Case

Updated: 15 December 2021; Ref: scu.459832

Emerald Supplies Ltd and Another v British Airways Plc: ChD 8 Apr 2009

The claim was for damages after alleged price fixing by the defendants. The claimants sought to recover for themselves and as representatives of others who had similarly suffered. The defendants sought that the representative element of the claim be struck out, saying that the class purported to be represented had not been sufficently clearly established.
Held: The power was derived entirely from the rules. It did not matter that the number of people who might be represented was large.
The persons said to have the relevant common interest, must have it at the time the claim is begun. The claimant here failed in that element. Membership of the class asserted here could only be determined at the conclusion of the proceedings; ‘Rule 19.6 does not authorise these claimants to represent the class described in the particulars of claim. The simple reason is that it is impossible to say of any given person that he was a member of the class at the time the claim form was issued. It is not that the class consists of a fluctuating body of persons but that the criteria for inclusion in the class cannot be satisfied at the time the action is brought because they depend on the action succeeding.’

[2009] EWHC 741 (Ch), [2009] UKCLR 801, [2009] CP Rep 32
Bailii
England and Wales
Citing:
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc CA 1987
Persons other than the Attorney General do not have standing to enforce, through a civil court, the observance of the criminal law as such. However, Sir Denys Buckley considered that such a claim might be maintained as a representative action . .
Cited – Duke of Bedford v Ellis HL 10-Dec-1900
Ellis and five others sued on behalf of themselves and all other growers of fruit, flowers, vegetables, roots or herbs to enforce rights conferred on them by the Covent Garden Act 1828 against the Duke of Bedford as the owner of the market. The Duke . .
Cited – Aberconway v Whetnall 1918
Lord Aberconway and others sought to recover for themselves and all other subscribers to a fund for the benefit of the defendant the amounts they had collectively subscribed on the grounds that they were induced to do so by misrepresentation.
Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .
Cited – Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) CA 1982
A plaintiff shareholder cannot recover damages merely because the company in which he has an interest has suffered damage. He cannot recover a sum equal to the diminution in the market value of his shares, or equal to the likely diminution in . .
Cited – Smith and others v Cardiff Corporation (No.1) CA 1954
Four plaintiffs set out to represent 13,000 tenants, and sought to challenge a proposed rent increase. The scheme they sought to challenge provided for different rents taking into consideration the financial circumstances of individual tenants. Of . .
Cited – Prudential Assurance Co Ltd v Newman Industries Ltd ChD 1979
Members of the defendant company had approved in general meeting, of an acquisition of the assets of another company in which its directors were substantially interested. The shareholders’ approval was given on the basis of a circular. The action . .
Cited – Irish Shipping Ltd v Commercial Union Assurance Co Ltd CA 1991
77 underwriters entered into separate insurances but on the same terms including one which obliged that underwriter to abide by any judgment obtained by the insured against the lead underwriter.
Held: The principle in Duke of Bedford applied . .
Cited – National Bank Of Greece SA and Another v RM Outhwaite 317 Syndicate and Others ComC 16-Jan-2001
Smith J emphasised that CPR Rule 19.6 is to be interpreted and applied with the overriding objective in mind. That principle was applied to enable one Lloyd’s syndicate who subscribed to a particular policy to represent all the other syndicates who . .
Cited – Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others ChD 13-Mar-2003
The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members.
Cited by:
See Also – Emerald Supplies Ltd and Another v British Airways Plc CA 18-Nov-2010
. .
See Also – Emerald Supplies Ltd and Others v British Airways Plc and Others (3514) ChD 28-Oct-2014
Two applications in this action: 1) The Defendants’ application for the striking out and/or summary dismissal of the Claimants’ claims in the torts of unlawful means conspiracy and unlawful interference; and 2) The Claimants’ application for two . .
See Also – Emerald Supplies Ltd and Others v British Airways Plc and (3513) ChD 28-Oct-2014
A hearing of an Application whereby the Claimants requested the Court to review (with such judicial assistance as might be necessary) the appropriateness / lawfulness of the redactions made by the Defendant airline (‘BA’) and other airlines to the . .
See Also – Emerald Supplies Ltd v British Airways ChD 22-Jul-2015
The judge was hearing a very substantial action between the parties. He had recently travelled to Italy and came back on one of the defendant’s aircraft. The defendant lost the luggage of all passengers and had failed to deal adequately or at all . .
See Also – Air Canada and Others v Emerald Supplies Limited and Others CA 14-Oct-2015
Appeal against case management directions given by Peter Smith J. . .

Lists of cited by and citing cases may be incomplete.

Commercial, European

Updated: 15 December 2021; Ref: scu.331153

Eutelsat v GSA (Removal From The Register – Order): ECFI 3 Dec 2019

Removal from the register

T-99/17, [2019] EUECJ T-99/17_CO, ECLI:EU:T:2019:847
Bailii
European

European

Updated: 15 December 2021; Ref: scu.665473

The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007

The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement contracts.
Held: The contract was invalid. Where amendments to the tender criteria or to the contract are made after an award to one party, such amendments are liable to infringe the principles in that, had the other tenderers been aware in advance of the terms of the contract actually put in place, this might have affected the terms of their tenders. Such amendments can violate the principle of transparency and of equality of treatment. It cannot therefore be said that there are any effective limitations, still less that the parameters of change will be known to the profession. The power of amendment was so wide as to amount to a power to rewrite the contract.

Lord Phillips of Worth Matravers CJ, Wall LJ, Lawrence Collins LJ
[2007] EWCA Civ 1264, Times 03-Dec-2007, [2008] 2 All ER 148, [2008] 2 WLR 803, [2008] QB 737
Bailii
Council Directive 2004/18/EC, Public Contract Regulations 2006, Access to Justice Act 1999
England and Wales
Citing:
Cited – Commission v CAS Succhi di Frutta (Judgment) ECJ 29-Apr-2004
Europa Appeal – Common agricultural policy – Food aid – Tendering procedure – Commission decision amending the conditions after the auction – Payment of successful tenderers in fruit other than those specified in . .
Cited – Commission v France ECJ 14-Oct-2004
ECJ (Judgment) In an action for annulment the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, . .
Cited – Commission v Belgium C-87/94 ECJ 25-Apr-1996
ECJ (Judgment) 1. The procedure laid down by Directive 90/531 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors must be observed irrespective of . .
Cited – Telaustria and Telefonadress (Judgment) ECJ 7-Dec-2000
. .
Cited – SIAC Construction v County Council of the County of Mayo ECJ 18-Oct-2001
ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.
There was a disagreement between the parties as to the interpretation of tender documents.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Legal Professions, European

Updated: 11 December 2021; Ref: scu.261609

BASF Ag v Me2 Crop Protection Ltd and Another: Patc 25 May 2004

Application made by the claimant that the defendant should disclosed its source of the metazaclor which it is selling in this country under the name BOUNTY.

Laddie J
[2004] EWHC 1342 (Pat)
Bailii
England and Wales
Citing:
See Also – BASF Ag v Me2 Crop Protection Ltd and Another (Interlocutory relief) Patc 25-May-2004
Application for interlocutory relief brought by the Claimant . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 11 December 2021; Ref: scu.227178

Commission v France: ECJ 14 Oct 2004

ECJ (Judgment) In an action for annulment the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission.
The subject-matter of proceedings under Article 226 EC is therefore delimited by the pre-litigation procedure governed by that provision. Accordingly, the application must be founded on the same grounds and pleas as the reasoned opinion, which must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty. (see paras 25-27)
The principle of equal treatment of service providers, laid down in Article 3(2) of Directive 92/50 relating to the coordination of procedures for the award of public service contracts, and the principle of transparency which flows from it require the subject-matter of each contract and the criteria governing its award to be clearly defined.
That obligation exists where the subject-matter of a contract and the criteria selected for its award must be regarded as decisive for the purposes of determining which of the procedures provided for in the directive is to be implemented and assessing whether the requirements related to that procedure have been observed. (see paras 34-35)
Article 11(3)(c) of Directive 92/50 relating to the coordination of procedures for the award of public service contracts, which authorises contracting authorities using a negotiated procedure to derogate from the obligation of prior publication where the contract concerned follows a design contest and must be awarded to the successful candidate or to one of the successful candidates, must be interpreted strictly; the burden of proving the existence of exceptional circumstances justifying a derogation lies on the person seeking to rely on those circumstances.
In particular, the expression’ follows a design contest’ as used in that provision implies that there must be a direct functional link between the contest and the contract concerned.
Such a link does not exist, in a project in several phases, between the design contest relating to a first phase and organised for the purpose of awarding the contract envisaged in that phase and the contract relating to a subsequent phase, which the contracting authority has reserved the option merely to award to the successful candidate in that design contest.

[2004] EUECJ C-340/02, [2004] ECR I-9845
Bailii
European
Cited by:
Cited – The Law Society, Regina (on the Application of) v Legal Services Commission CA 29-Nov-2007
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 11 December 2021; Ref: scu.216595

J K v Parliament (Judgment): ECJ 2 May 1985

C-38/84, [1985] EUECJ C-38/84
Bailii
European

European

Updated: 11 December 2021; Ref: scu.133819

Universale-Bau and others v Entsorgungsbetriebe Simmering GmbH: ECJ 12 Dec 2002

ECJ Judgment – Directive 93/37/EEC – Public works contracts – Definition of ‘contracting authority’ – Body governed by public law – Restricted procedure – Rules for weighting of criteria for selecting candidates invited to tender – Advertisement – Directive 89/665/EEC – Review procedures relating to public procurement – Time-limits for review

J-P Puissochet, P
C-470/99, [2002] EUECJ C-470/99, [2002] ECR I-11617
Bailii
Directive 93/37/EEC, Directive 89/665/EEC
European
Cited by:
Cited – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 11 December 2021; Ref: scu.178825

De Angelis v Commission(Judgment): ECJ 2 May 1985

C-246/83, [1985] EUECJ C-246/83
Bailii
European

European

Updated: 11 December 2021; Ref: scu.133743

De Angelis v Commission (Judgment): ECJ 2 May 1985

C-144/84, [1985] EUECJ C-144/84
Bailii
European

European

Updated: 11 December 2021; Ref: scu.133900

Macarthys Ltd v Smith (No.2): CA 17 Apr 1980

The parties had disputed a difference in payment between the woman applicant and men doing similar work. After a lengthy dispute the parties now disputed the costs.
Held: The company had correctly been ordered to pay the costs.

Lord Denning MR, Lawton, Cummin-Bruce LJJ
[1980] EWCA Civ 7, [1981] QB 180, [1980] ICR 672, [1980] IRLR 210, [1980] 2 CMLR 217, [1980] 3 WLR 929, [1981] 1 All ER 111
Bailii
England and Wales
Citing:
At EAT – Smith v Macarthys Ltd EAT 14-Dec-1977
Mrs Smith was employed by the respondents, wholesale dealers in pharmaceutical products, as a warehouse manageress at a weekly salary of andpound;50. She complained of discrimination in pay because her male predecessor whose post she took up after . .
At CA (1) – Macarthys Ltd v Smith CA 1980
The employee had taken on a job substantially similar to that of a previous male employee, but had been paid less. She succeeded in a claim under the 1971 Act before the industrial tribunal and Employment Appeal Tribunal. The employer appealed . .
At ECJ – Macarthys Ltd v Smith ECJ 27-Mar-1980
The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be . .

Lists of cited by and citing cases may be incomplete.

Employment, European, Costs

Updated: 11 December 2021; Ref: scu.262686

August Storck v EUIPO – Chiquita Brands (Fruitfuls) (Judgment): ECFI 18 Oct 2016

T-367/14, [2016] EUECJ T-367/14
Bailii
European

Intellectual Property

Updated: 11 December 2021; Ref: scu.570127

Farrell v Whitty (Approximation of Laws): ECJ 5 Oct 2006

ECJ Insurance against civil liability – Compulsory insurance of motor vehicles – Passengers in a vehicle.

C-356/05, [2006] EUECJ C-356/05
Bailii
European

Insurance

Updated: 10 December 2021; Ref: scu.408736

Farrell v Whitty: ECJ 19 Apr 2007

ECJ Compulsory insurance for civil liability in respect of motor vehicles Directives 72/166/EEC, 84/5/EEC and 90/232/EEC Injuries to the passengers of a vehicle – Part of a vehicle not adapted for the carriage of seated passengers.

[2007] EUECJ C-356/05, [2007] ECR I-3067, [2007] Lloyd’s Rep IR 525
Bailii
Directive 90/232/EEC, Directive 84/5/EEC, Directive 72/166/EEC
European

European, Insurance, Road Traffic

Updated: 10 December 2021; Ref: scu.251879

De Wolf v Cox (Judgment): ECJ 30 Nov 1976

C-42/76
European

European

Updated: 10 December 2021; Ref: scu.132450

Association of Independent Meat Suppliers and Another, Regina. (on the application of) v Food Standards Agency: SC 8 Dec 2021

Operation of the regime set out in EU law for inspection of meat products to ensure that proper standards of health and safety are maintained.

Lady Hale,
Lord Hodge,
Lady Black,
Lord Lloyd-Jones,
Lord Sales
Bailii, Bailii Summary, Bailii Issues and Facts
England and Wales

European, Health and Safety

Updated: 10 December 2021; Ref: scu.670326

Batista v Secretary of State for The Home Department: CA 29 Jul 2010

The claimant appealed against a deportation order requiring his return to Portugal. He said that when considering the effect of the order on his family, the AIT had applied the wrong test.
Held: The appeal succeeded. The test to be applied was not whether there were insurmountable obstacles to his family returning with him, but whether it was reasonable to expect them to do so. In view of the fact that as a convicted person, the applicants name was already available, the case should be noted under his full name.

Maurice Kay, Carnwath, Black LJJ
[2010] EWCA Civ 896, [2010] WLR (D) 233
Bailii, WLRD, WLRD
Directive 2004/58/EC of the European Parliament and of the Council of April 29, 2004, Immigration (European Economic Area) Regulations (SI 2006 No 1003), European Convention on Human Rights 8
England and Wales
Citing:
Cited – VW (Uganda) v Secretary of State for the Home Department; Similar CA 16-Jan-2009
The appellant sought leave to enter or remain, saying that a refusal would separate him from his family, and be a disproportionate and unlawful interference with his Article 8 rights to a family life.
Held: An applicant had to show more than . .
Cited – LG (Italy) v Secretary of State for the Home Department CA 18-Mar-2008
. .
Cited – HR (Portugal) v Secretary of State for the Home Office CA 5-May-2009
The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order.
Held: The claimant could not count the time he had served in prison toward the time spent in the UK to . .
Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Cited – JO (Uganda) and JT (Ivory Coast) v Secretary of State for The Home Department CA 22-Jan-2010
When considering an order for the deportation of a non-EU national on completion of a term of imprisonment, the actual weight to be placed on the criminal offending must depend on the seriousness of the offence(s) and the other circumstances of the . .

Lists of cited by and citing cases may be incomplete.

European, Immigration, Human Rights

Updated: 06 December 2021; Ref: scu.421105

Union Nationale Des Entraineurs Et Cadres Techniques Professionnels Du Football (UNECTEF) v Heylens And Others: ECJ 15 Oct 1987

Europa The lawful requirement whereby, in the various member states, admission to certain occupations is subjected to the possession of diplomas constitutes a restriction on the effective exercise of the freedom of establishment guaranteed by the treaty the abolition of which is to be made easier by directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications. In view of the requirements of article 5 of the treaty, the fact that such directives have not yet been adopted does not entitle a member state to deny the practical benefit of that freedom to a person subject to community law when that freedom can be ensured in that member state, in particular because it is possible under its laws and regulations for equivalent foreign diplomas to be recognized.
Since it has to reconcile the requirement as to the qualifications necessary in order to exercise a particular occupation with the requirements of the free movement of workers, the procedure for the recognition of equivalence must enable the national authorities to assure themselves, on an objective basis, that the foreign diploma certifies that its holder has knowledge and qualifications which are, if not identical, at least equivalent to those certified by the national diploma. That assessment of the equivalence of the foreign diploma must be effected exclusively in the light of the level of knowledge and qualifications which its holder can be assumed to possess in the light of that diploma, having regard to the nature and duration of the studies and practical training which the diploma certifies that he has carried out.
Since free access to employment is a fundamental right which the treaty confers individually on each migrant worker in the community, the existence of a remedy of a judicial nature against any decision of a national authority refusing the benefit of that right is essential in order to secure for the individual effective protection for his right. That requirement reflects a general principle of community law which stems from the constitutional traditions common to the member states and has been enshrined in articles 6 and 13 of the european convention for the protection of human rights.
Where in a member state access to an occupation as an employed person is dependent upon the possession of a national diploma or a foreign diploma recognized as equivalent thereto, the principle of the free movement of workers laid down in article 48 of the treaty requires that it must be possible for a decision refusing to recognize the equivalence of a diploma granted to a worker who is a national of another member state by that member state to be made the subject of judicial proceedings in which its legality under community law can be reviewed, and for the person concerned to ascertain the reasons for the decision.

C-222/86, R-222/86, [1987] EUECJ R-222/86, [1987] ECR 4097
Bailii
European
Cited by:
Cited – Barracks v Coles and Commissioner of Police for the Metropolis CA 21-Jul-2006
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 06 December 2021; Ref: scu.134468

Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the date the petition was presented:
(1) a place of operations, at which –
(2) the company carries out an activity which is:
(a) economic, and
(b) non-transitory,
(3) with
(a) human means, and
(b) assets. OA satisfied each of those conditions.

Sir Andrew Morritt Ch
[2012] EWHC 1413 (Ch)
Bailii
Insolvency Act 1986, Pensions Act 1995, Council Regulation (EC) 1346/2000
England and Wales
Citing:
Cited – Staubitz-Schreiber (Area of Freedom, Security and Justice) ECJ 17-Jan-2006
ECJ Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Temporal application – Court having jurisdiction . .
Cited – Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA ECJ 20-Oct-2011
interedill2ECJ2011
ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International . .
Cited – Trillium (Nelson) Properties Ltd v Office Metro Ltd ChD 9-May-2012
Winding-up petition in which the principal issue is whether or not Office Metro Limited can be wound up in this jurisdiction in the light of the fact that, despite its being an English registered company, its centre of main interest is in . .

Cited by:
Appeal from – Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa CA 6-Jun-2013
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient . .
At First Instance – Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa SC 29-Apr-2015
The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European . .

Lists of cited by and citing cases may be incomplete.

Insolvency, European, Financial Services, Employment

Updated: 06 December 2021; Ref: scu.459890

Pirelli Cable Holding NV and Others v Inland Revenue Commissioners: ChD 22 Jan 2003

The Metallgesellschaft case had established that it was contrary to European law to withhold the right to ACT on dividends paid by a UK holding company to a non-Uk subsidiary. The Revenue claimed that that rule did not apply here because the non-Uk subsidiary operated from a country with a double taxation agreement with the UK.
Held: The Commissioners case was wrong. The receipt of payments in the Netherlands of tax credits did not operate to extinguish the right to payments within the UK. Those receipts were not countervailing advantages sufficient to justify the refusal of the tax credits within the UK.

Park J
Times 29-Jan-2003, [2003] EWHC 32 (Ch), Gazette 20-Mar-2003, [2003] STC 250
Bailii
Income and Corporation Taxes Act 1988 247
England and Wales
Citing:
Cited – Metallgesellschaft Ltd and Others v Inland Revenue Commissioners and Another Hoechst Ag and Another v Same ECJ 8-Mar-2001
The British law which meant that non-resident parent companies of British based businesses were not able to recover interest on payments of advance corporation tax, was discriminatory against other European based companies. Accordingly the law was . .

Cited by:
Appeal from – Pirelli Cable Holding NV and others v The Commissioners of Inland Revenue CA 16-Dec-2003
. .
At first Instance – Pirelli Cable Holding Nv and others v Inland Revenue HL 8-Feb-2006
Under s247 of the 1988 Act, a company paying dividends to a parent company need not withhold ACT. This option was not offered where either subsidiary or parent was not UK resident until the decision in Hoechst which found the restriction contrary to . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 06 December 2021; Ref: scu.178784

Shah v Three -N- Products Private Ltd: ECJ 30 May 2013

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Application for registration of the Community word mark AYUURI NATURAL – Opposition by the proprietor of the earlier Community word and figurative marks AYUR – Appeal manifestly inadmissible and manifestly unfounded

G Aresti P
C-14/12, [2013] EUECJ C-14/12, ECLI:EU:C:2013:349
Bailii
Regulation (EC) No 40/94 8(1)(b)

European

Updated: 05 December 2021; Ref: scu.527260

Bimbo v OHIM: ECFI 20 Mar 2013

ECFI Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark Caffe KIMBO – Earlier national word mark BIMBO – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1) of Regulation (EC) No 207/2009

J. Azizi, P
T-277/12, [2013] EUECJ T-277/12, ECLI:EU:T:2013:146
Bailii
Regulation (EC) No 207/2009 8(1)

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527259

Jurasinovic v Council of the European Union: ECFI 3 Oct 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Application for access to the reports of observers from the European Union present in Croatia from 1 to 31 August 1995 – Refusal of access – Risk of harm to the protection International Relations – Prior Disclosure

T-465/09, [2012] EUECJ T-465/09
Bailii
Regulation (EC) No 1049/2001

European, Information

Updated: 05 December 2021; Ref: scu.527258

Delphi Technologies, Inc v OHIM: ECFI 6 Jun 2013

ECFI Community trade mark – Application for a Community word mark INNOVATION FOR THE REAL WORLD – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

T-515/11, [2013] EUECJ T-515/11 – J
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527261

Donaldson Filtration Deutschland v Ultra Air: ECJ 19 Jun 2014

(Order Of The Court) Appeal – Community trade mark – Word mark International ultrafilter – Action for annulment – Abuse of rights’

C-450/13, [2014] EUECJ C-450/13 – CO, ECLI: EU: C: 2014:2016
Bailii
European

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527238

Delphi Technologies v OHIM: ECJ 12 Jun 2014

ECJ Order Of The Court – Appeals – Community trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – Word mark INNOVATION FOR THE REAL WORLD – Advertising slogan – Refusal of registration – No distinctive character

C-448/13, [2014] EUECJ C-448/13 – CO
Bailii

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527237

Rani Refreshments Fzco v OHIM: ECFI 24 Jun 2014

ECJ Community trade mark – Opposition proceedings – Application for Community figurative mark Sani – Earlier Community figurative marks Hani or llani and RANI – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

T-523/12, [2014] EUECJ T-523/12, ECLI:EU:T:2014:571
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527253

Municipiul Piatra Neamt v Ministerul Dezvoltarii Regionale si Administratiei Publice: ECJ 12 Jun 2014

(Order Of The Court) REFERENCE for a preliminary ruling under Article 267 TFEU from the Curtea de Apel Bacau (Romania), by decision of 7 January 2014, received at the Court on 15 January 2014 in the proceedings

MCG Fernlund, P
C-13/14, [2014] EUECJ C-13/14 – CO
Bailii

European

Updated: 05 December 2021; Ref: scu.527245

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 of an infringement of competition law having a global reach – Power of the Commission to inspect business records relating to transactions outside the European Economic Area

Kokott AG
C-37/13, [2014] EUECJ C-37/13 – P, ECLI:EU:C:2014:223
Bailii
Regulation (EC) No 1/2003
Cited by:
Opinion – Nexans and Nexans France v Commission ECJ 25-Jun-2014
ECJ Judgment – Appeal – Competition – Regulation (EC) No 1/2003 – Administrative procedure – Inspection – Decision ordering an inspection – Obligation to state reasons – Reasonable grounds – Geographic market . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 05 December 2021; Ref: scu.527247

Marcuccio v Commission: ECFI 26 Jun 2014

ECJ Judgment – Appeal – Public service – Officials – Pensions and invalidity allowance – Update for retirement due to disability – Invalidity Committee – Composition – Appointment of doctors – deficiency of the official concerned to appoint the second doctor – the second doctor Designation by the President of the Court – Appointment of the third doctor by agreement between the first and second DMPs – Article 7 of Annex II to the Statute – Appeal dismissed at trial on remand by the Court

T-20/13, [2014] EUECJ T-20/13, ECLI:EU:T:2014:582
Bailii

European

Updated: 05 December 2021; Ref: scu.527244

Petru v Casa Judeteana of Asigurari sanatate of Sibiu and Another: ECJ 19 Jun 2014

ECJ (Advocate General’s Opinion) Free movement of persons – Social security – Reimbursement of medical expenses incurred in another Member State – Prior authorization – Scope of the term ‘treatment which is equally effective’ – Lack of material resources in a hospital – Territorial Scope lack of material means for obtaining the right to prior authorization

Cruz Villallon AG
C-268/13, [2014] EUECJ C-268/13 – O, [2014] EUECJ C-268/13
Bailii, Bailii
European

European

Updated: 05 December 2021; Ref: scu.527250

Unister v OHIM (Ab In Den Urlaub): ECFI 24 Jun 2014

ECFI Judgment – Community trade mark – Application for Community word Ab in den Urlaub mark – consisting of an advertising slogan – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No. 207 / 2009 – No evidence of distinctiveness acquired through use – Article 7, paragraph 3 of Regulation No 207/2009

Mme M. E. Martins Ribeiro, P
T-273/12, [2014] EUECJ T-273/12, ECLI: EU: T: 2014 568
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527257

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 Convention on Consular Relations of 24 April 1963 – Declaration by a worker that that person chooses not to join the social security scheme of a Member State – Concept of ‘discrimination’

Wahl AG
C-179/13, [2014] EUECJ C-179/13 – O, [2015] EUECJ C-179/13 – O
Bailii, Bailii
Regulation (EEC) No 1408/71
European
Cited by:
Opinion – Raad van Bestuur van De Sociale Verzekeringsbank v Evans ECJ 15-Jan-2015
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 . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 05 December 2021; Ref: scu.527252

Panczyk v Dyrektor Zakladu Emerytalno-Rentowego Ministerstwa Spraw Wewnetrznych i Administracji w Warszawie: ECJ 12 Jun 2014

ECJ Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court

C-28/14, [2014] EUECJ C-28/14 – CO
Bailii

European

Updated: 05 December 2021; Ref: scu.527249

Quimitecnica.Com And De Mello v Commission: ECFI 26 Jun 2014

Judgment – Competition – Cartels – European market of phosphates for animal feed – Fines – installment payment – Commission decision ordering the provision of a bank guarantee – Obligation to state reasons – Proportionality

T-564/10, [2014] EUECJ T-564/10, ECLI:EU:T:2014:583, [2017] EUECJ T-564/10
Bailii, Bailii

European, Commercial

Updated: 05 December 2021; Ref: scu.527251

Fundacao Calouste Gulbenkian v OHMI – Gulbenkian (Gulbenkian) (Judgment Of The Court Of First Instance): ECFI 26 Jun 2014

ECFI Community trade mark – Opposition proceedings – Application for the Community word mark GULBENKIAN – Earlier well-known national mark, company name and national logos Fundacao Calouste Gulbenkian – Relative grounds for refusal – Evidence of the existence of the earlier rights – Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 – Article 90(a) of the Rules of Procedure

S. Frimodt Nielsen (Rapporteur), P
T-541/11, [2014] EUECJ T-541/11
Bailii

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527241

Hut.Com v OHMI – Intersport France (The Hut): ECFI 24 Jun 2014

Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark THE HUT – Earlier national word mark LA HUTTE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)

T-330/12, [2014] EUECJ T-330/12, ECLI:EU:T:2014:569
Bailii

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527243

Commune De Millau And Semea v Commission: ECJ 19 Jun 2014

ECJ Judgment Of The Court – Appeal – Arbitration clause – Grant contract concerning a local development action – Recovery of part of the sums paid – Assumption of debt – Jurisdiction of the General Court – Limitation period – Liability of the Commission

C-531/12, [2014] EUECJ C-531/12
Bailii
European

European, Arbitration

Updated: 05 December 2021; Ref: scu.527236

Basic AG Lebensmittelhandel v OHMI – Repsol YPF (Basic): ECFI 26 Jun 2014

Judgment Of The Court Of First Instance – Community trade mark – Opposition proceedings – Application for the Community figurative mark basic – Earlier Community figurative mark BASIC – Relative ground for refusal – Similarity of the services – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-372/11, [2014] EUECJ T-372/11, ECLI:EU:T:2014:585
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527232

1872 Holdings Vof v OHIM: ECFI 24 Jun 2014

ECJ Community trade mark – Invalidity proceedings – Community word mark THE SPIRIT OF CUBA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

T-207/13, [2014] EUECJ T-207/13, ECLI:EU:T:2014:570
Bailii
Regulation (EC) No 207/2009

European

Updated: 05 December 2021; Ref: scu.527229

Balazs And Papp: ECJ 19 Jun 2014

ECJ (Order Of The Court) Preliminary ruling – Fundamental rights – Charter of Fundamental Rights of the European Union – Articles 47, 50 and 54 – Implementation of EU law – None – Manifest lack of jurisdiction of the Court

MCG Fernlund, P
C-45/14, [2014] EUECJ C-45/14 – CO
Bailii
European

European, Human Rights

Updated: 05 December 2021; Ref: scu.527231

Bimbo v OHIM: ECJ 12 Jun 2014

ECJ (Order Of The Court) Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community trade mark – Regulation (EC) No 40/94 – Article 8 – Application for Community figurative mark Caffe KIMBO – Opposition proceedings – Earlier national word mark BIMBO – Well-known mark – Partial rejection of the opposition – Appeal manifestly inadmissible

C-285/13, [2014] EUECJ C-285/13 – CO
Bailii

European, Intellectual Property

Updated: 05 December 2021; Ref: scu.527233

Commission v Rusal Armenal ZAO: ECJ 12 Jun 2014

(Order Of The Court) Application for interim measures – Appeal – Application for suspension of a regulation following a judgment declaring the regulation to be void – Dumping – Imports of certain aluminium foil originating in Armenia, Brazil and China – Accession of Armenia to the World Trade Organisation (WTO) – Undertaking operating under market economy conditions – Article 2(7) of Regulation (EC) No 384/96 – Compatibility with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) – Prima facie case – Urgency – Serious and irreparable damage – Absence

C-21/14, [2014] EUECJ C-21/14 – CO, [2015] EUECJ C-21/14
Bailii, Bailii
Regulation (EC) No 384/96 2(7)

European

Updated: 05 December 2021; Ref: scu.527234

Regie Networks v Direction de Controle Fiscal Rhone-Alpes Bourgogne: ECJ 22 Dec 2008

ECJ State aid Aid scheme to support local radio stations – Financed by a parafiscal charge on advertising companies – Favourable decision by the Commission at the conclusion of the preliminary stage of the review procedure under Article 93(3) of the EC Treaty (now Article 88(3) EC) Aid that may be compatible with the common market Article 92(3) of the EC Treaty (now, after amendment, Article 87(3) EC) – Decision challenged on the ground that it is unlawful Obligation to state the reasons on which the decision is based – Assessment of the facts Whether the parafiscal charge is compatible with the EC Treaty

V. Skouris, P
[2008] EUECJ C-333/07, C-333/07
Bailii
Citing:
Opinion – Regie Networks (State Aid) French Text ECJ 26-Jun-2008
ECJ Opinion – Competition State aid Article 92 of the EC Treaty (now, after amendment, Article 87 EC) and Article 93 of the EC Treaty (now Article 88 EC) Invalidity of a decision of the French Fund Commission . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 05 December 2021; Ref: scu.526978

Regina v Secretary of State for Health and Social Security and Secretary of State for Trade and Industry ex parte Imperial Tobacco Limited: Admn 16 Dec 1998

[1998] EWHC Admin 1139
England and Wales

European, Media, Health

Updated: 05 December 2021; Ref: scu.139262

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 30 Nov 2011

Order – joinder of cases

[2011] EUECJ C-581/10, C-581/10
Bailii
Cited by:
Order – Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority ECJ 23-Oct-2012
ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility . .

Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 04 December 2021; Ref: scu.526743

Cantina Broglie 1 v HMIi – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona: ECFI 24 Mar 2014

ECJ Community trade mark – legal procedure – Substitution of one party to the dispute – Transfer of rights of the applicant for a Community trade mark

T-595/10, [2014] EUECJ T-595/10 – CO
Bailii
Cited by:
Order – Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona ECFI 18-Jun-2014
ECJ Community trade mark – Opposition proceedings – Application for Community word mark RIPASSA – Earlier national word mark DI VINO RIPASSO – Relative ground for refusal – Article 75 of Regulation (EC) No . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 December 2021; Ref: scu.526705

Granton Advertising (Judgment Of The Court): ECJ 12 Jun 2014

C-461/12, [2014] EUECJ C-461/12
Bailii

European

Updated: 04 December 2021; Ref: scu.526681

TDC A/S v Erhvervsstyrelsen: ECJ 12 Jun 2014

ECJ Opinion – Admissibility of the reference – Concept of ‘national court or tribunal within the meaning of Article 267 TFEU – Independence of the referring body – Telecommunications sector – Universal service and users’ rights – Directive 2002/22/EC – Supply by the universal service additional mandatory services within the meaning of Article 32 of the Directive – Financing Additional mandatory services – Calculation of Net Cost – Determination of unfair burden ‘

Yves Bot AG
C-222/13, [2014] EUECJ C-222/13 – O, [2014] EUECJ C-222/13
Bailii, Bailii
Directive 2002/22/EC

European, Media

Updated: 04 December 2021; Ref: scu.526691

Sek Zollagentur v Hauptzollamt Giessen: ECJ 12 Jun 2014

ECJ Customs union and Common Customs Tariff – Unlawful removal from customs supervision of goods liable to import duties – Incurrence of a customs debt

A. Borg Barthet R P
C-75/13, [2014] EUECJ C-75/13, EU:C:2014:1461
Bailii

European, Customs and Excise

Updated: 04 December 2021; Ref: scu.526690

Golam v OHMI – Pentafarma (Metabol): ECFI 11 Jun 2014

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

T-486/12, [2014] EUECJ T-486/12
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 December 2021; Ref: scu.526680

Grupo Flexi De Leon v OHIM (Flexi): ECFI 13 Jun 2014

Community trade mark – Application for Community word mark FLEXI – Absolute grounds for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

T-352/12, [2014] EUECJ T-352/12, ECLI:EU:T:2014:499
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 December 2021; Ref: scu.526682

Sarc v Commission (Judgment): ECFI 12 Jun 2014

ECJ State aid – Software licence agreement – Decision finding no State aid – Actions for annulment – Competitive position not substantially affected – Inadmissibility – Procedural rights of the interested parties – Admissibility – Failure to initiate formal investigation procedure – No serious difficulties – Advantage

T-488/11, [2014] EUECJ T-488/11
Bailii

European, Intellectual Property, Contract

Updated: 04 December 2021; Ref: scu.526689

Nationale-Nederlanden Levensverzekering Mij (Advocate General’s Opinion): ECJ 12 Jun 2014

Life assurance – Duty to provide information – Information on the premium

Sharpston AG
C-51/13, [2014] EUECJ C-51/13 – O
Bailii

European, Insurance

Updated: 04 December 2021; Ref: scu.526686

Tumer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen: ECJ 12 Jun 2014

ECJ Opinion – Preliminary ruling – Directive 80/987/EEC – Directive 2002/74/EC – Protection of employees in case of insolvency of the employer – Employed a third State not holding a valid residence permit – Right the wage guarantee

Yves Bot AG
C-311/13, [2014] EUECJ C-311/13 – O, [2014] EUECJ C-311/13
Bailii, Bailii
Directive 80/987/EEC, Directive 2002/74/EC

European, Employment, Insolvency

Updated: 04 December 2021; Ref: scu.526692

Intel v Commission: ECFI 12 Jun 2014

ECJ (Judgment Of The Court Of First Instance) Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement – Loyalty rebates – ‘Naked’ restrictions – Classification as abuse – As-efficient-competitor analysis – Commission’s international jurisdiction – Obligation on the Commission to investigate – Limits – Rights of the defence – Principle of sound administration – Overall strategy – Fines – Single and continuous infringement – 2006 Guidelines on the method of setting fines

ECLI:EU:T:2014:547, [2014] EUECJ T-286/09, [2014] 5 CMLR 9
Bailii

European, Commercial

Updated: 04 December 2021; Ref: scu.526683

K-Swiss, Inc v Ohim: ECFI 13 Jun 2014

T-85/13, [2014] EUECJ T-85/13
Bailii

European

Updated: 04 December 2021; Ref: scu.526684

Lukoyl Neftohim Burgas (Judgment Of The Court): ECJ 12 Jun 2014

C-330/13, [2014] EUECJ C-330/13
Bailii

European

Updated: 04 December 2021; Ref: scu.526685

Peftiev (Judgment Of The Court): ECJ 12 Jun 2014

C-314/13, [2014] EUECJ C-314/13
Bailii

European

Updated: 04 December 2021; Ref: scu.526687

Bollacke v K + K Klaas and Kock BV and Co Kg: ECJ 12 Jun 2014

ECJ (Judgment Of The Court) Request for a preliminary ruling – Social policy – Directive 2003/88/EC – Organisation of working time – Paid annual leave – Allowance in lieu in the event of death

A. Tizzano, P
ECLI:EU:C:2014:1517, [2014] WLR(D) 254, [2014] EUECJ C-118/13
WLRD, Bailii

European, Employment

Updated: 04 December 2021; Ref: scu.526675

Digibet And Albers (Judgment Of The Court): ECJ 12 Jun 2014

C-156/13, [2014] EUECJ C-156/13
Bailii

European

Updated: 04 December 2021; Ref: scu.526677

Ascendi (Judgment Of The Court): ECJ 12 Jun 2014

C-377/13, [2014] EUECJ C-377/13
Bailii

European

Updated: 04 December 2021; Ref: scu.526673

Bennett And Others v OHIM: ECJ 15 Sep 2011

ECJ Civil Service – Temporary staff – permanent contract includes a clause of termination – Open competitions – Admissibility – Act adversely affecting – Articles 8 and 47 of the CEOS – Obligation to state reasons – Duty of care – Principle of sound administration – Legitimate expectations – Principle of good faith performance of contracts – Misuse of power

H. Tagaras, P
[2011] EUECJ 102/09
Bailii
Citing:
Cited – Bennett And Others v OHIM ECJ 15-Sep-2011
ECJ Civil Service – Temporary staff – permanent contract includes a clause of termination – Open competitions – Admissibility – Act adversely affecting – Articles 8 and 47 of the CEOS – Obligation to state . .

Cited by:
Cited – Bennett And Others v OHIM ECJ 15-Sep-2011
ECJ Civil Service – Temporary staff – permanent contract includes a clause of termination – Open competitions – Admissibility – Act adversely affecting – Articles 8 and 47 of the CEOS – Obligation to state . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 04 December 2021; Ref: scu.526602

Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 25 Apr 2013

ECJ Judgment – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive 2005/60/EC – Article 22(2) – Decision 2000/642/JHA – Requirement to report suspicious financial transactions applicable to credit institutions – Institution operating under the rules on the freedom to provide services – Identification of the national financial information unit responsible for the collection of information – Article 56 TFEU – Obstacle to freedom to provide services – Overriding requirements in the public interest – Proportionality

R. Silva de Lapuerta AP
[2013] EUECJ C-212/11, C-212/11
Bailii
Directive 2005/60/EC 22(2)
Citing:
Opinion – Jyske Bank Gibraltar Ltd v Administracion Del Estado ECJ 4-Oct-2012
ECJ Opinion – Combating of money laundering and terrorism financing – Directive 2005/60/EC – Obligation on credit institutions to declare suspicious financial transactions – Institutions operating under the . .

Lists of cited by and citing cases may be incomplete.

European, Banking, Crime

Updated: 04 December 2021; Ref: scu.526583

Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979

Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the equivalent of the expression ‘ ‘ prohibitions or restrictions on imports ‘ ‘ occurring in article 36. Hence a law of a member state prohibiting any importation of pornographic articles into that state constitutes a quantitative restriction on imports within the meaning of article 30 of the treaty. Under the first sentence of article 36 of the EEC treaty it is in principle for each member state to determine in accordance with its own scale of values and in the form selected by it the requirements of public morality in its territory. Each member state is entitled to impose prohibitions on imports justified on grounds of public morality for the whole of its territory, as defined in article 227 of the treaty, whatever the structure of its constitution may be and however the powers of legislating in regard to the subject in question may be distributed. The fact that certain differences exist between the laws enforced in the different constituent parts of a member state does not thereby prevent that state from applying a unitary concept in regard to prohibitions on imports imposed, on grounds of public morality, on trade with other member states. The first sentence of article 36 upon its true construction thus means that a member state may, in principle, lawfully impose prohibitions on the importation from any other member state of articles which are of an indecent or obscene character as understood by its domestic laws. Such prohibitions may lawfully be applied to the whole of its national territory even if, in regard to the field in question, variations exist between the laws in force in the different constituent parts of the member state concerned. The second sentence of article 36 of the EEC treaty is designed to prevent restrictions on trade based on the grounds mentioned in the first sentence of that article from being diverted from their proper purpose and used in such a way as either to create discrimination in respect of goods originating in other member states or indirectly to protect certain national products. If a prohibition on the importation of goods is justifiable on grounds of public morality and if it is imposed with that purpose the enforcement of that prohibition cannot, in the absence within the member state concerned of a lawful trade in the same goods, constitute a means of arbitrary discrimination or a disguised restriction on trade contrary to article 36 of the EEC treaty. In so far as a member state avails itself of the reservation relating to the protection of public morality provided for in article 36 of the EEC treaty, the provisions of article 234 of that treaty do not preclude that state from fulfilling the obligations arising from the Geneva convention, 1923, for the suppression of traffic in obscene publications and from the universal postal convention (renewed at Lausanne in 1974, which came into force on 1 January 1976).

C-34/79
Citing:
Reference from – Henn and Darby v Director of Public Prosecutions HL 1980
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, . .

Cited by:
Cited – 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 . .
Referred to – Henn and Darby v Director of Public Prosecutions HL 1980
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, . .

Lists of cited by and citing cases may be incomplete.

European, Crime, Commercial

Updated: 04 December 2021; Ref: scu.132830

Henn and Darby v Director of Public Prosecutions: HL 1980

The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It seeks to give effect to what it conceives to be the spirit rather than the letter of the Treaties; sometimes, indeed, to an English judge, it may seem to the exclusion of the letter. It views the communities as living and expanding organisms and the interpretation of the provisions of the Treaties as changing to match their growth.’

Lord Diplock
[1981] AC 850, [1980] 2 WLR 597
England and Wales
Citing:
Referred to – Regina v Maurice Donald Henn and John Frederick Ernest Darby ECJ 14-Dec-1979
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the . .

Cited by:
Reference from – Regina v Maurice Donald Henn and John Frederick Ernest Darby ECJ 14-Dec-1979
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

European, Crime

Updated: 04 December 2021; Ref: scu.200630

Jet2Com Ltd v Huzar: CA 11 Jun 2014

The claimant passenger complained that he had not been compensated as required when his flight was delayed. The airline now appealed against a decision that a mechanical fault in the aircraft did not amount to exceptional circumstances so as to excuse the airline form paying compensation.
Held: The appeal failed. There was no explicit definition of ‘exceptional circumstances’ within the regulation, but some assistance was given. Furthermore, the European Court had in the case of Wallentin-Hermann stated that mechanical failures were part of the business of a carrier for which it provided, for example routines of maintenance.

Laws, Elias, Gloster LJJ
[2014] EWCA Civ 791
Bailii
Regulation (EC) 261/2004
England and Wales
Citing:
Cited – Sturgeon and Others v Condor Flugdienst GmbH ECJ 2-Jul-2009
Opinion (Joined cases) – Air transport – Distinction between the notions of ‘delay’ and ‘cancellation’ . .
Cited – Finnair Oyj v Lassooy ECJ 4-Oct-2012
ECJ Air transport – Regulation (EC) No 261/2004 – Compensation for passengers in the event of denied boarding – Concept of ‘denied boarding’ – Exclusion from characterisation as ‘denied boarding’ – Cancellation . .
Applied – Wallentin-Hermann v Alitalia Linee Aeree Italiane SpA ECJ 22-Dec-2008
ECJ Carriage by air Regulation (EC) No 261/2004 Article 5 – Compensation and assistance to passengers in the event of cancellation of flights Exemption from the obligation to pay compensation Cancellation due to . .

Lists of cited by and citing cases may be incomplete.

Transport, Consumer, European

Updated: 04 December 2021; Ref: scu.526424

Gambazzi v DaimlerChrysler Canada Inc v CIBC Mellon Trust Company: ECJ 2 Apr 2009

ECJ Brussels Convention Recognition and enforcement of judgments – Grounds for refusal Infringement of public policy in the State in which enforcement is sought Exclusion of the defendant from the proceedings before the court of the State of origin because of failure to comply with a court order

P. Jann (Rapporteur), P
[2009] EUECJ C-394/07, C-394/07
Bailii
Citing:
Opinion – Gambazzi v DaimlerChrysler Canada Inc v CIBC Mellon Trust Company ECJ 18-Dec-2008
ECJ Opinion – Brussels Convention Recognition and Enforcement of Judgments Grounds for refusal – Violation of public order of the requested State – Exclusion of the defendant from the proceedings because of a . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 04 December 2021; Ref: scu.526351

Commission Of The European Communities v Republic Of Austria: ECJ 11 Dec 2008

ECJ (Judgment Of The Court (Third Chamber)) Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Registration of old used vehicles previously registered in other Member States – Technical requirements with regard to exhaust emissions and noise pollution – Public health – Protection of the environment
1. Approximation of laws – Motor vehicles – Community type-approval procedure – Directives 92/97 and 93/59 – Scope (Council Directives 92/97 and 93/59) (see paras 45-47)
2. Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 49-52, 56-64)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 28 and 30 EC – National rules making the registration of imported used vehicles previously registered in other Member States contingent upon compliance with certain technical requirements, although used vehicles already on the national market and having the same characteristics are not subject to such requirements in cases of re-registration

C-524/07, [2008] EUECJ C-524/07
Bailii

European, Road Traffic, Environment

Updated: 04 December 2021; Ref: scu.526340

Bavaria and Bavaria Italia SrL v Bayerischer Brauerbund eV: ECJ 2 Jul 2009

ECJ Reference for a preliminary ruling Assessment of validity Admissibility Regulations (EEC) No 2081/92 and (EC) No 1347/2001 – Validity – Generic name Coexistence of a trade mark and a protected geographical indication)

[2009] EUECJ C-343/07
Bailii
Citing:
Opinion – Bavaria and Bavaria Italia SrL v Bayerischer Brauerbund eV ECJ 18-Dec-2008
ECJ Opinion – Validity of Regulations (EEC) No 2081/92 and (EC) No 1347/2001 Admissibility – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – . .

Lists of cited by and citing cases may be incomplete.

European, Agriculture, Intellectual Property

Updated: 04 December 2021; Ref: scu.526342

Hainsworth v Ministry of Defence: CA 13 May 2014

The appellant was employed by the respondents working in Germany. Her daughter suffered chronic illness and she wished to care for her in England. She said that the refusal to allow her to return to work in the UK was discriminatory as associative discrimination.
Held: The suggestion that a carer for a disable person was entitled to reasonable adjustments to allow care for a family member with a disability was incorrect.

Laws, Tomlinson, Briggs LJJ
[2014] EWCA Civ 763
Bailii
Equality Act 2010 20(3), Council Directive 2000/78/EC 5
England and Wales
Citing:
Appeal from – Hainsworth v Ministry of Defence EAT 16-Jul-2013
EAT Disability Discrimination : Reasonable Adjustments . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 04 December 2021; Ref: scu.526385

Commission of The European Communities v Republic Of Finland: ECJ 22 Dec 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability – Failure to transpose within the prescribed period
Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see paras 9-10)

C-328/08, [2008] EUECJ C-328/08
Bailii

European

Updated: 04 December 2021; Ref: scu.526341

Commission of The European Communities v Italian Republic: ECJ 13 Nov 2008

ECJ (Judgment Of The Court (Third Chamber)) Failure of a Member State to fulfil obligations – Design and construction of a municipal tramway – Public works contract – Award by means of a procedure for the award of a public works concession – Infringement of Directive 93/37

C-437/07, [2008] EUECJ C-437/07
Bailii
Directive 93/37

European

Updated: 04 December 2021; Ref: scu.526330

Commission of The European Communities v Grand Duchy Of Luxemburg: ECJ 9 Oct 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2003/72/EC – Statute for a European Cooperative Society – Involvement of employees in the decision-making of the society – Failure to transpose within the prescribed period

C-70/08, [2008] EUECJ C-70/08, [2008] EUECJ C-70/08
Bailii, Bailii
Directive 2003/72/EC

European, Company

Updated: 04 December 2021; Ref: scu.526326

Commission of The European Communities v Italian Republic: ECJ 11 Sep 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public administration – Masters and chief officers of vessels – Allocation of State authority on board – Requirement to hold the nationality of the flag Member State

C-447/07, [2008] EUECJ C-447/07, ECLI:EU:C:2008:502
Bailii

European

Updated: 04 December 2021; Ref: scu.526325

Commission of The European Communities v Kingdom of Spain: ECJ 20 Nov 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Posts of ship’s captain and chief mate – Nationality clause
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) (see para. 19)
2. Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 21)
3. Freedom of movement for persons – Workers – National legislation reserving the posts of captain and chief mate on all vessels flying the flag of a Member State, other than merchant ships with a gross tonnage of less than 100 GT which carry cargo or fewer than 100 passengers, to nationals (Art. 39 EC) (see para. 23, operative part)

C-94/08, [2008] EUECJ C-94/08
Bailii

European

Updated: 04 December 2021; Ref: scu.526331

Commission of The European Communities v Italian Republic: ECJ 25 Sep 2008

ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to develop and implement waste reception and handling plans for all ports

C-368/07, [2008] EUECJ C-368/07
Bailii

European

Updated: 04 December 2021; Ref: scu.526324

Agenzia Per Le Erogazioni In Agricoltura v Consorzio Agrario Di Ravenna Soc Coop Arl: ECJ 11 Dec 2008

(Judgment Of The Court (Fifth Chamber)) Common organisation of the markets – Cereals – Maize – Determination of price – Reductions applicable
Agriculture – Common organisation of the markets – Cereals – Sale of cereals held by intervention agencies (Commission Regulations No 689/92, as amended by Regulation No 2486/92, Art. 4a and Annex II, and No 2131/93, Art. 13(1)) (see para. 32, operative part)

C-486/07, [2008] EUECJ C-486/07
Bailii

European, Agriculture

Updated: 04 December 2021; Ref: scu.526332

Commission of The European Communities v Grand Duchy of Luxemburg: ECJ 4 Dec 2008

(Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Non-transposition within the prescribed period
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) (see para. 7)
Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/10) (see paras 6-10)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

C-223/08, [2008] EUECJ C-223/08, ECLI:EU:C:2008:691
Bailii
Directive 2006/100/EC

European

Updated: 04 December 2021; Ref: scu.526335

Commission of The European Communities v Czech Republic: ECJ 25 Sep 2008

ECJ (Judgment of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/73/EC – Measures implementing Directive 2004/39/EC – Organisational requirements and operating conditions for investment firms – Failure to adopt within the prescribed period

C-87/08, [2008] EUECJ C-87/08
Bailii
Directive 2006/73/EC, Directive 2004/39/EC

European

Updated: 04 December 2021; Ref: scu.526323

Commission of The European Communities v Slovak Republic: ECJ 25 Jul 2008

ECJ (Judgment Of The Court (Eighth Chamber)) Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 26(3) – Electronic communications – Networks and services – Single European emergency call number – Failure to transpose within the prescribed period

C-493/07, [2008] EUECJ C-493/07, ECLI:EU:C:2008:448
Bailii
Directive 2002/22/EC
European

European

Updated: 04 December 2021; Ref: scu.526322

Commission of The European Communities v Grand Duchy of Luxemburg: ECJ 4 Nov 2008

ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/9/EC – Failure to designate the authorities responsible for the inspection of laboratories and for the audit of studies carried out by laboratories to assess compliance with the principles of good laboratory practice

C-95/08, [2008] EUECJ C-95/08
Bailii
Directive 2004/9/EC

European

Updated: 04 December 2021; Ref: scu.526329

Commission of The European Communities v Czech Republic: ECJ 4 Dec 2008

ECJ (Judgment Of The Court (Fifth Chamber)) – Failure of a Member State to fulfil obligations – Directives 86/378/EEC and 96/97/EC – Equal treatment for men and women – Incomplete transposition
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) (see para. 9)

C-41/08, [2008] EUECJ C-41/08
Bailii
Directive 86/378/EEC, Directive 96/97/EC

European, Discrimination

Updated: 04 December 2021; Ref: scu.526333

Commission of The European Communities v Kingdom of Belgium: ECJ 11 Dec 2008

ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/100/EC – Freedom of movement for persons – Amendment of certain directives by reason of the accession of the Republic of Bulgaria and Romania to the European Union – Failure to transpose within the prescribed period
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) (see para. 9)
2. Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/100, Art. 2) (see paras 8-11)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 amending certain directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

C-239/08, [2008] EUECJ C-239/08
Bailii
Council Directive 2006/100/EC

European

Updated: 04 December 2021; Ref: scu.526337

Commission of The European Communities v French Republic: ECJ 11 Dec 2008

ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability – Prevention and remedying of environmental damage – Failure to transpose within the prescribed period

C-330/08, [2008] EUECJ C-330/08
Bailii
Directive 2004/35/EC

European

Updated: 04 December 2021; Ref: scu.526334

Commission of The European Communities v Kingdom Of Belgium: ECJ 17 Jul 2008

ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil its obligations – Directive 68/414/EEC – Article 1(1) – Obligation to maintain minimum stocks of petroleum products – Breach

C-510/07, [2008] EUECJ C-510/07
Bailii
Directive 68/414/EEC

European

Updated: 04 December 2021; Ref: scu.526321

Commission of The European Communities v Hellenic Republic: ECJ 2 Oct 2008

ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 93/16/EEC – Specific training required to practise as a general practitioner – Incorrect transposition

C-36/08, [2008] EUECJ C-36/08
Bailii

European, Health Professions

Updated: 04 December 2021; Ref: scu.526327

Commission of the European Communities v Grand Duchy of Luxemburg: ECJ 18 Dec 2008

(Judgment Of The Court (Seventh Chamber)) 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) (see para. 8)
Re:
Failure of a Member State to fulfil obligations – Failure to draw up and communicate, within the prescribed periods, the documents provided for in Articles 6, 7 and 8 of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ 2001 L 309, p. 22).

C-273/08, [2008] EUECJ C-273/08, EU:C:2008:754
Bailii

European

Updated: 04 December 2021; Ref: scu.526336

Commission of The European Communities v Kingdom of Spain: ECJ 11 Dec 2008

ECJ (Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to have developed, implemented or approved waste reception and handling plans for all ports
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) (see para. 16)
2. Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (Art. 249 EC; European Parliament and Council Directive 2000/59, Art. 5(1)) (see paras 17, 21-23)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 5(1) and 16(1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ 2000 L 332, p. 81) – Failure to have developed and/or implemented waste reception and handling plans for all ports under the jurisdiction of the ‘Comunidades Autonomas’.

C-480/07, [2008] EUECJ C-480/07
Bailii

European

Updated: 04 December 2021; Ref: scu.526339

Commission of The European Communities v Kingdom of Spain: ECJ 4 Dec 2008

ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/49/EC – Investment firms and credit institutions – Capital adequacy – Failure to transpose within the prescribed period
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) (see para. 20)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (OJ 2006 L 177, p. 201).

C-113/08, [2008] EUECJ C-113/08
Bailii

European

Updated: 04 December 2021; Ref: scu.526338

Commission of The European Communities v Efrosyni Alexiadou: ECJ 13 Nov 2008

ECJ (Judgment Of The Court (Fourth Chamber)) Appeal – Arbitration clause – Contract concerning a technological development programme relating to the production of water-repellent leather – Repayment of advance paid – Interest

C-436/07, [2008] EUECJ C-436/07, ECLI:EU:C:2008:623
Bailii

European, Arbitration

Updated: 04 December 2021; Ref: scu.526328

Osterreichischer Gewerkschaftsbund v Wirtschaftskammer Osterreich, Fachverband-Bus, Luftfahrt-und Schifffahrtsunternehmungen: ECJ 3 Jun 2014

ECJ (Advocate General’s Opinion) Social policy – Directive 2001/23/EC – Safeguarding of employees’ rights in the event of transfer of undertakings – Article 3, paragraph 3 – Termination of the collective agreement applicable to the transferor and the transferee – Continuing effects of the collective agreement – effects on the transferee

M P Cruz Villalon
C-328/13, [2014] EUECJ C-328/13 – O, [2014] EUECJ C-328/13
Bailii, Bailii
Directive 2001/23/EC

European, Employment

Updated: 04 December 2021; Ref: scu.526312