ECJ (Judgment Of The Court (Eighth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period
C-395/07, [2008] EUECJ C-395/07
Bailii
European, Intellectual Property
Updated: 04 December 2021; Ref: scu.526318
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Regulation (EC) No 6/2002 -Industrial and commercial property – Community designs – Article 80(2) – Failure to communicate the list of courts and tribunals
C-507/07, [2008] EUECJ C-507/07
Bailii
Regulation (EC) No 6/2002
European
Updated: 04 December 2021; Ref: scu.526319
ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2005/19/EC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Failure to transpose within the prescribed period
C-392/07, [2008] EUECJ C-392/07
Bailii
Directive 2005/19/EC
European, Corporation Tax, Stamp Duty
Updated: 04 December 2021; Ref: scu.526316
ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/36/EC – Safety of third-country aircraft using Community airports – Failure to transpose within the prescribed period
C-417/07, [2008] EUECJ C-417/07
Bailii
Directive 2004/36/EC
European, Transport
Updated: 04 December 2021; Ref: scu.526315
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
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period
C-341/07, [2008] EUECJ C-341/07
Bailii
Directive 2004/48/EC
European
Updated: 04 December 2021; Ref: scu.526317
Order
C-181/14, [2014] EUECJ C-181/14 – CO
Bailii
Directive 2001/83/EC
European, Crime
Updated: 04 December 2021; Ref: scu.526308
ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/40/EC – Air conditioning in motor vehicles – Incomplete transposition
C-187/09, [2009] EUECJ C-187/09
Bailii
Directive 2006/40/EC
European
Updated: 04 December 2021; Ref: scu.526183
ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident taxpayers
J-C Bonichot, P
[2012] EUECJ C-39/10, C-39/10
Bailii
Citing:
See Also – Commission v Estonia ECJ 4-Jun-2010
Order – Interventions . .
Opinion – Commission v Estonia ECJ 24-Nov-2011
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – . .
Lists of cited by and citing cases may be incomplete.
European, Income Tax
Updated: 04 December 2021; Ref: scu.526258
ECJ Appeal – Regulations (EC, Euratom) Nos 1605/2002 and 2342/2002 – Public contracts awarded by the Community institutions on their own account – Error in the evaluation committee’s report – Obligation to state reasons for the rejection of the tender’s bid
C-476/08, [2009] EUECJ C-476/08
Bailii
European
Updated: 04 December 2021; Ref: scu.526184
ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Directive 1999/31/EC – Landfilling of waste – Concept of ‘underground storage’, ‘landfill gas’ and ‘eluate’ – Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality – Failure to transpose within the prescribed time-limit with regard to the Walloon Region
C-120/09, [2009] EUECJ C-120/09
Bailii
Directive 1999/31/EC
European
Updated: 04 December 2021; Ref: scu.526182
Order – Interventions
First Advocate General Mengozzi
[2010] EUECJ C-39/10, C-39/10
Bailii
Cited by:
See Also – Commission v Estonia ECJ 24-Nov-2011
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – . .
See Also – Commission v Estonia ECH 10-May-2012
ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 04 December 2021; Ref: scu.526259
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public service – Captain and officer (chief mate) on vessels – Conferment of powers of public authority on board – Requirement that they be nationals of the Member State whose flag the vessels fly
C-460/08, [2009] EUECJ C-460/08
Bailii
Article 39 EC
European, Transport
Updated: 04 December 2021; Ref: scu.526180
ECJ (Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directives 89/665/EEC and 92/13/EEC – Public supply and public works contracts – Review procedure against a contract award decision – Guarantee of effective review – Minimum period to be ensured between notification to the unsuccessful tenderers of the decision to award a contract and the signature of the contract concerned
C-455/08, [2009] EUECJ C-455/08
Bailii
Directive 89/665/EEC, Directive 92/13/EEC
European
Updated: 04 December 2021; Ref: scu.526181
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right to access
A. Rosas, P
[2009] EUECJ C-553/07, C-553/07
Bailii
Directive 95/46/EC
Citing:
Opinion – College van burgemeester en wethouders van Rotterdam v MEE Rijkeboer ECJ 22-Dec-2008
ECJ Opinion – Data Protection Directive 95/46/EC Fundamental Rights – Right of access to personal data to any third party Suppression Communications – Exercise Period of the access principle of proportionality . .
Cited by:
Cited – Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others Admn 27-May-2014
The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional . .
Lists of cited by and citing cases may be incomplete.
European, Information
Updated: 04 December 2021; Ref: scu.526185
(Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/24/EC- Electronic communications – Failure to transpose within the prescribed period
ECLI:EU:C:2009:737, [2009] EUECJ C-211/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526171
ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Respect for private life – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period
ECLI:EU:C:2009:736, [2009] EUECJ C-202/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526172
ECJ (Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil its obligations – Directive 2006/86/EC – Traceability requirements – Notification of serious adverse reactions and events – Technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells – Failure to adopt within the prescribed period
ECLI:EU:C:2009:734, [2009] EUECJ C-13/09
Bailii
European
Updated: 04 December 2021; Ref: scu.526174
(Judgment Of The Court (Seventh Chamber)) Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – 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. 9)
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing
ECLI:EU:C:2009:373, C-546/08, [2009] EUECJ C-546/08
Bailii
European
Updated: 04 December 2021; Ref: scu.526143
ECJ (Judgment Of The Court (Third Chamber)) Appeal – Action for damages – Regulations (EEC) Nos 517/72 and 684/92 – International carriage of passengers by coach and bus – Conditions for the Community to incur non-contractual liability – Limitation period
ECLI:EU:C:2009:372, C-335/08, [2009] EUECJ C-335/08
Bailii
European
Updated: 04 December 2021; Ref: scu.526148
ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Environment – Directives 2006/12/EC and 91/689/EEC – Hazardous waste – Obligation to draw up and adopt a hazardous-waste management plan – Obligation to establish an integrated and adequate network of disposal installations for hazardous waste – Directive 1999/31/EC – Landfill of waste – Disposal of hazardous waste
C-286/08, [2009] EUECJ C-286/08
Bailii
European, Environment
Updated: 04 December 2021; Ref: scu.526153
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/83/EC – 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. 11)
C-322/08, [2009] EUECJ C-322/08, ECLI:EU:C:2009:312
Bailii
Directive 2004/83/EC
European
Updated: 04 December 2021; Ref: scu.526139
ECJ (Judgment Of The Court (Fifth 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)
C-331/08, [2009] EUECJ C-331/08, ECLI:EU:C:2009:185
Bailii
European
Updated: 04 December 2021; Ref: scu.526127
The claimant suffered severe personal injury as a passenger. The driver’s insurers removed payment, the passenger having failed to disclose his depression, his diabetes, and his cannabis use. Both claimant and driver had been found in possession of cannabis at the crash. The claim through the Motor Insurers Bureau had been rejected by the court on the grounds of ex turpi causa non oritur actio, but had succeeded on appeal, but the case still failed as the vehicle was being used in the course or furtherance of crime, namely the transportation of cannabis for the purpose of subsequent supply. The claimant now said that the MIB agreement I making that exclusion had failed properly to implement EU law.
Held: The claim succeeded: ‘ the issue is whether the Claimant had information from which he drew the conclusion that the driver might well be uninsured but deliberately refrained from asking questions for fear that his suspicions would be confirmed; or whether he was simply careless, giving no thought to the question of insurance, even though an ordinary prudent passenger in his position and with his knowledge, would have made inquiries.’
Jay J
[2014] EWHC 1785 (QB)
Bailii
Directive 84/5 1(4), Directive 72/166/EEC
Personal Injury, European
Updated: 04 December 2021; Ref: scu.526123
ECJ Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Article 11(1)(c) – Drawing up of external emergency plans for the measures to be taken outside the establishment – Failure to transpose within the prescribed period
C-401/08, [2009] EUECJ C-401/08, ECLI:EU:C:2009:233
Bailii
Directive 96/82/EC 11(1)(c)
European
Updated: 04 December 2021; Ref: scu.526133
ECJ Failure to fulfill obligations – Area of ??freedom, security and justice – Standards for security features and biometric elements in passports and travel documents issued by Member States – Regulation (EC) No 2252/2004 – biometric passport – Integration of fingerprints – Breach of contract – Non-delivery on time
[2014] EUECJ C-139/13, ECLI:EU:C:2014:80
Bailii
Regulation (EC) No 2252/2004
European
Updated: 04 December 2021; Ref: scu.526108
ECJ Failure to fulfill obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Designation of vulnerable zones – Content excessive nitrates – Eutrophication – Obligation Quadrennial Review
C-193/12, [2013] EUECJ C-193/12
Bailii
Directive 91/676/EEC
European, Agriculture, Environment
Updated: 03 December 2021; Ref: scu.526056
ECJ Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5, paragraph 1 a) – Concept of ‘contractual matters
G. Arestis P
C-519/12, [2013] EUECJ C-519/12
Bailii
European, Jurisdiction
Updated: 03 December 2021; Ref: scu.526063
ECJ Appeal – State aid – Implementation of a company in certain third countries – Loans at reduced rates – Decision declaring the aid incompatible to part with the common market and ordering its recovery – Action taken as a result of the cancellation by the the initial court decision the same procedure – Compliance with a judgment of the Tribunal
Mme R. Silva de Lapuerta R P
C-560/12, [2013] EUECJ C-560/12
Bailii
European
Updated: 03 December 2021; Ref: scu.526067
ECJ Appeal – State aid – Implementation of a company in certain third countries – Loans at reduced rates – Decision declaring the aid incompatible to part with the common market and ordering its recovery – Action taken as a result of the cancellation by the the initial court decision the same procedure – Compliance with a judgment of the Tribunal
Mme R. Silva de Lapuerta R P
C-587/12, [2013] EUECJ C-587/12
Bailii
European
Updated: 03 December 2021; Ref: scu.526066
ECJ Visas, asylum, immigration and other policies related to free movement of persons – Immigration policy – Illegal immigration and illegal residence – Repatriation of illegal residents – Directive 2008/115/EC – Return of illegally staying third-country nationals – Removal process – Detention measure – Extension of detention – Article 15(2) and (6) – Rights of the defence – Right to be heard – Infringement – Consequences
C38313, [2013] EUECJ C38313
Bailii
Directive 2008/115/EC 15(2) 15(6)
European, Immigration
Updated: 03 December 2021; Ref: scu.526059
ECJ Failure to fulfill obligations – Directive 1999/31/EC – Landfill – Operation in the absence of a management plan for the site – Obligation to decommission
M. Berger, P
C-412/12, [2013] EUECJ C-412/12
Bailii
Directive 1999/31/EC
European, Environment
Updated: 03 December 2021; Ref: scu.526058
ECJ Appeal – EAGGF – Guarantee Section – Clearance of accounts of the paying agencies of certain Member States as regards expenditure financed by the Fund – Amounts recoverable from the Hellenic Republic as a result of failure to recover in a timely manner – Distortion of evidence
Safjan, P
C-547/12, [2013] EUECJ C-547/12
Bailii
European
Updated: 03 December 2021; Ref: scu.526065
ECJ Appeal – State aid – Shipbuilding – Decision declaring the aid measures incompatible with the common market – protection of the essential interests of national security – Conditions of competition in the internal market
C-246/12, [2013] EUECJ C-246/12
Bailii
European
Updated: 03 December 2021; Ref: scu.526052
ECJ Failure to fulfill obligations – Directive 91/271/EEC – Urban waste water – Articles 3 and 4
A. Borg Barthet R P
C-23/13, [2013] EUECJ C-23/13
Bailii
Directive 91/271/EEC
European, Environment
Updated: 03 December 2021; Ref: scu.526064
ECJ Failure to fulfill obligations – Taxation – VAT – Directive 2006/112/EC – Article 148 – Exemption of certain transactions for vessels used passengers for reward or engaged in commercial traffic – Condition assignment to the high seas’
C-197/12, [2013] EUECJ C-197/12
Bailii
European, VAT
Updated: 03 December 2021; Ref: scu.526053
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Articles 27(4) and 28(3)(c) – European arrest warrant and surrender procedures between Member States – Speciality rule – Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State – Decision of the judicial authority of the executing Member State to give consent – Appeal with suspensive effect – Whether permitted
C-168/13, [2013] EUECJ C-168/13
Bailii
European, Police
Updated: 03 December 2021; Ref: scu.526054
Income Support – European Union Law : Free Movement
Ward UTJ
[2014] UKUT 154 (AAC)
Bailii
Benefits, European
Updated: 03 December 2021; Ref: scu.525920
ECJ Opinion – Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Plant protection products – released on the market – Parallel imports – Requirement in the State of export, an authorization issued in accordance with the market Directive 91/414/EEC
Mengozzi AG
C-108/13, [2014] EUECJ C-108/13 – O, [2014] EUECJ C-108/13
Bailii, Bailii
Directive 91/414/EEC
European
Updated: 03 December 2021; Ref: scu.525837
ECJ Opinion – Directive 2003/96/EC – Community framework for the taxation of energy products and electricity – Dual use energy products
Sharpston AG
C-426/12, [2014] EUECJ C-426/12 – O, [2014] EUECJ C-426/12
Bailii, Bailii
Directive 2003/96/EC
European, Utilities
Updated: 03 December 2021; Ref: scu.525843
Order – Appeal – Community trade mark – Figurative mark representing a chicken – Opposition by the proprietor of the national figurative mark representing a chicken – Partial rejection of the opposition’
C-411/13, [2014] EUECJ C-411/13 – CO
Bailii
European, Intellectual Property
Updated: 03 December 2021; Ref: scu.525841
ECJ (Judgment Of The Court Of First Instance) Competition – Cartels – Market calcium carbide and magnesium for the steel and gas sector in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement Article 81 EC – price fixing and market-sharing – fines – Article 23 of Regulation (EC) No 1/2003 – Guidelines for calculating the amount of the 2006 fines – mitigating circumstances – Cooperation during the administrative procedure – obligation to state reasons – Equal treatment – Proportionality – Ability to
[2014] EUECJ T-406/09
Bailii
European
European, Commercial
Updated: 03 December 2021; Ref: scu.525833
ECJ Judgment – Directives 92/40/EEC and 2005/94/EC – Decisions 2006/105/EC and 2006/115/EC – Charter of Fundamental Rights of the European Union – Articles 16, 17 and 47 – Measures for the control of avian influenza -Compensation for damage
A. Borg Barthet, P
C-56/13, [2014] EUECJ C-56/13
Bailii
Directive 2005/94/EC, Directive 92/40/EEC
European, Human Rights
Updated: 03 December 2021; Ref: scu.525834
ECJ Opinion – Area of ??freedom, security and justice – Border control, asylum and immigration – Regulation (EC) No 562/2006 – Article 5, paragraph 1 – Crossing the border – Requirement of a valid visa contained in a document valid travel – Regulation (EC) No 810/2009 – Impact of the termination of the travel document the validity of the visa in it
Paolo Mengozzi AG
C-575/12, [2014] EUECJ C-575/12 – O, [2014] EUECJ C-575/12
Bailii, Bailii
Regulation (EC) No 562/2006, Regulation (EC) No 810/2009
European, Immigration
Updated: 03 December 2021; Ref: scu.525826
ECJ Opinion – Failure to fulfill obligations – Directive 2000/60/EC establishing a framework for Community action in the field of water – Article 2, paragraph 38 – Services related to water use – Article 2, paragraph 39 – water use – Article 9 – Recovery of costs of services related to the use of water – National legislation excluding certain services related to the use of water from the scope of the obligation of cost recovery – Collection water for irrigation, industrial purposes and consumption – Containment for hydropower, navigation and protection against floods – Water Storage – Treatment and distribution of water for industrial and agricultural purposes
Niilo Jaaskinen AG
C-525/12, [2014] EUECJ C-525/12 – O, [2014] EUECJ C-525/12
Bailii, Bailii
Directive 2000/60/EC
European, Utilities
Updated: 03 December 2021; Ref: scu.525830
ECJ Opinion – Directive 2001/29/EC – Copyright – Article 5, paragraph 3, sub k) of Directive 2001/29/EC – Reproduction right – Exceptions – Parody – Autonomous concept of European Union law – Rights Basic – General Principles
Cruz Villalon AG
C-201/13, [2014] EUECJ C-201/13 – O, [2014] EUECJ C-201/13
Bailii, Bailii
Directive 2001/29/EC
European, Intellectual Property
Updated: 03 December 2021; Ref: scu.525832
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Plastic industrial bags market – Attribution to the parent company of the infringement committed by the subsidiary – Obligation to state reasons
C-36/12, [2014] EUECJ C-36/12
Bailii
European, Commercial
Updated: 03 December 2021; Ref: scu.525827
The Claimants complained that the Defendant wrongly refused to treat as medicinal products the large number of GCPs (glucosamine-containing product) described as ‘food supplements’.
Held: The claim failed.
Supperstone J
[2014] EWHC 1679 (Admin), CO/6789/2013
Bailii
Directive 2001/83/EC
Cited by:
Appeal from – Blue Bio Pharmaceuticals Ltd and Another v Secretary of State for Health and Another CA 17-Jun-2016
The company appealed against rejection of its challenge to the licensing and classification system applied to its products. . .
Lists of cited by and citing cases may be incomplete.
Health Professions, European
Updated: 03 December 2021; Ref: scu.525771
ECJ Judgment – Agriculture – EAFRD – Regulation (EC) No 1698/2005 – Articles 20, 26 and 28 – Support for the modernisation of agricultural holdings and support for adding value to agricultural and forestry products – Eligibility conditions – Competence of the Member States – Support for the modernisation of existing mill capacity – Mills replaced with a single new mill, with no increase in capacity – Not included – Principle of equal treatment
C-135/13, [2014] EUECJ C-135/13
Bailii
European, Agriculture
Updated: 03 December 2021; Ref: scu.525529