ECJ Request for a preliminary ruling – Common agricultural policy – Joint actions – Non-payment of financial aid by the Commission – Withdrawal by a Member State of its contribution – Question of fact – Internal situation – Manifest lack of jurisdiction of the Court – Description of the factual context – Insufficiency – Hypothetical question – Manifest inadmissibility
C-82/13, [2013] EUECJ C-82/13
Bailii
European, Agriculture
Updated: 22 November 2021; Ref: scu.516580
ECJ Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Penalty for excess emissions – Concept of excess emission – Equated with infringement of the obligation to surrender, within the time periods prescribed by the directive, a sufficient number of allowances to cover the emissions from the previous year – No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure – No possibility of varying the amount of the penalty – Proportionality
C-203/12, [2013] EUECJ C-203/12
Bailii
Directive 2003/87/EC
European, Environment
Updated: 22 November 2021; Ref: scu.516572
ECJ Directive 2005/29/EC – Unfair commercial practices – Scope ratione personae – Misleading omissions in advertorials – Legislation of a Member State prohibiting any publication for remuneration not identified by the term ‘advertisement’ (‘Anzeige’) – Complete harmonisation – Stricter measures – Freedom of the press
C-391/12, [2013] EUECJ C-391/12
Bailii
Directive 2005/29/EC
European
Updated: 22 November 2021; Ref: scu.516579
ECJ Request for a preliminary ruling – Protection of the ozone layer – Scheme for greenhouse gas emission allowance trading within the Community – Method of allocating allowances – Allocation of allowances free of charge
T von Danwitz, P
C-566/11, [2013] EUECJ C-566/11
Bailii
European, Environment
Updated: 22 November 2021; Ref: scu.516575
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs against a plaintiff German company was refused because these additional powers made it unnecessary.
The court should not go into the merits of the claim in detail unless it can clearly be demonstrated that there is a high degree of probability of success or failure.
Brown-Wilkinson VC
[1987] 1 WLR 420, [1987] 1 All ER 1074
Civil Jurisdiction and Judgments Act 1982$ 2(1)
England and Wales
Citing:
Considered – Raeburn v Andrews 1878
Security for costs . .
Cited by:
Reconsidered – Fitzgerald and Others v Williams and Others O’Regan and Others v Same CA 3-Jan-1996
Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is . .
Cited – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Cited – Golden Grove Estates Ltd v Chancerygate Asset Management Ltd ChD 30-Apr-2007
Application for security for costs. . .
Cited – MG v AR FD 16-Nov-2021
Family Case: Costs Security depends on Case Merits
Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by . .
Lists of cited by and citing cases may be incomplete.
European, Costs
Updated: 22 November 2021; Ref: scu.182950
Request for a preliminary ruling from the Amtsgericht Dusseldorf (Local Court, Dusseldorf, Germany)
C-274/16, [2017] EUECJ C-274/16_O, ECLI:EU:C:2017:787
Bailii
European
European
Updated: 22 November 2021; Ref: scu.668598
Action for annulment – Brexit – Discontinuance – Removal from the register – Allocation of costs
T-713/16, [2017] EUECJ T-713/16_CO, ECLI:EU:T:2017:460
Bailii
European
European
Updated: 22 November 2021; Ref: scu.668592
Appeal – Article 181 of the Rules of Procedure of the Court – Action for failure to act – Failure by the Commission to initiate infringement proceedings – Dismissal of the action for manifest inadmissibility – Appeal manifestly unfounded
C-225/21, [2021] EUECJ C-225/21P_CO
Bailii
European
European
Updated: 22 November 2021; Ref: scu.668525
ECJ Agriculture – Common agricultural policy – Single payment scheme – Regulation (EC) No 1782/2003 – Calculation of payment entitlement – Setting the reference amount – Reference period – Article 40(1), (2) and (5) – Exceptional circumstances – Farmers under agri-environmental commitments according to Regulation (EEC) No 2078/92 and Regulation (EC) No 1257/1999 – Determination of the right to revalorisation of the reference amount – Principle of protection of legitimate expectations – Equal treatment between farmers)
C-298/12, [2013] EUECJ C-298/12
Bailii
Regulation (EC) No 1782/2003, Regulation (EEC) No 2078/92, Regulation (EC) No 1257/1999
European, Agriculture
Updated: 21 November 2021; Ref: scu.516342
ECJ Action for annulment and damages – Public service contracts – Objection of inadmissibility – Action for annulment – First and fifth paragraphs of Article 263 TFEU – Article 122 of Regulation (EC) No 207/2009 – Action not premature – Status of defendant – Jurisdiction of the General Court – Action for damages – Article 44(1)(c) of the Rules of Procedure of the General Court – Admissibility
T-556/11, [2013] EUECJ T-556/11, [2016] EUECJ T-556/11
Bailii, Bailii
European, Intellectual Property
Updated: 21 November 2021; Ref: scu.516339
ECJ Appeals – Integrated pollution prevention and control – Greenhouse gas emission allowance trading system – Allocation of allowances for the Republic of Latvia – Period from 2008 to 2012
A Tizzano, P
C-267/11, [2013] EUECJ C-267/11
Bailii
European, Environment
Updated: 21 November 2021; Ref: scu.516347
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 74(2) – Regulation (EC) No 2868/95 – First and third subparagraphs of Rule 50(1) – Opposition by the proprietor of an earlier trade mark – Existence of the mark – Evidence submitted in support of the opposition after the expiry of the period set for that purpose – Failure to take account thereof – Discretion of the Board of Appeal – Provision to the contrary – Circumstances precluding additional or supplementary evidence from being taken into account
C-122/12, [2013] EUECJ C-122/12
Bailii
Regulation (EC) No 40/94 74(2), Regulation (EC) No 2868/95 50(1)
European, Intellectual Property
Updated: 21 November 2021; Ref: scu.516341
ECJ Opinion – Appeal – Regulation (EC) No 1049/2001 – Access to documents of the institutions – Request for access to the administrative file relating to proceedings under Article 81 EC and Article 53 of the EEA Agreement – Refusal pursuant to Article 4(2) of Regulation (EC) No 1049/2001 – Access to information submitted under a leniency programme – Regulation (EC) No 1/2003 – Holistic interpretation of the regulatory schemes relating to access to documents of the institutions
Cruz Villalon AG
C-365/12, [2013] EUECJ C-365/12, [2014] EUECJ C-365/12
Bailii, Bailii
Regulation (EC) No 1049/2001
European
Updated: 21 November 2021; Ref: scu.516345
ECJ Civil service – Staff of the European Union Agency for Fundamental Rights – Member of the contract staff – Non-renewal of a fixed-term contract for an indefinite period – Reassignment to another department until expiry of the contract – Action for annulment – Action for damages
F-38/12, [2013] EUECJ F-38/12
Bailii
European
Updated: 21 November 2021; Ref: scu.516337
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 74(2) – Regulation (EC) No 2868/95 – First and third subparagraphs of Rule 50(1) – Opposition by the proprietor of an earlier trade mark – Existence of the mark – Evidence submitted in support of the opposition after the expiry of the period set for that purpose – Failure to take account thereof – Discretion of the Board of Appeal – Provision to the contrary – Circumstances precluding additional or supplementary evidence from being taken into account
C-121/12, [2013] EUECJ C-121/12
Bailii
European
Updated: 21 November 2021; Ref: scu.516340
ECJ Civil service – Frontex staff – Temporary staff – Career development report containing negative assessments of the reporting officer not communicated to the person concerned – Non-renewal of a fixed-term contract – Decision based on the opinion of the reporting officer – Rights of defence – Infringement – Dispute of a financial character – Unlimited jurisdiction
F-124/11, [2013] EUECJ F-124/11
Bailii
European
Updated: 21 November 2021; Ref: scu.516338
Opinion – Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3 – Directive 84/5/EEC – Article 1 – Directive 90/232/EEC – Article 1a – Right to compensation – Limitation of the right to compensation – Non-material damage
Wahl AG
C-371/12, [2013] EUECJ C-371/12, [2014] EUECJ C-371/12
Bailii, Bailii
Directive 72/166/EEC 3, Directive 84/5/EEC 1, Directive 90/232/EEC 1a
European, Road Traffic
Updated: 21 November 2021; Ref: scu.516351
ECJ Directive 85/577/EEC Article 4 Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measures
The court considered the significance of the recitals to the Directive: ‘In that regard, it should be noted that the Directive, as is apparent from recitals 4 and 5, is designed to protect consumers against the risks inherent in the conclusion of contracts away from business premises (Hamilton v Volksbank Filder eG (C-412/06) [2008] E.C.R. I-2383; [2008] 2 C.M.L.R. 46 at [32]), as the special feature of those contracts is that as a rule it is the trader who initiates the contract negotiations, and the consumer has not prepared for such door-to-door selling by, inter alia, comparing the price and quality of the different offers available.’
A. Tizzano P
[2009] EUECJ C-227/08, C-227/08
Bailii
Directive 85/577/EEC 4
Citing:
Opinion – Eva Martin Martin v EDP Editores, SL ECJ 7-May-2009
ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of . .
Cited by:
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.
European, Consumer
Updated: 21 November 2021; Ref: scu.516312
ECJ Consumer protection – Consumer credit agreement – Incorrect statement of annual percentage rate of charge – Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole
Held: ‘a finding that a commercial practice is unfair has no direct effect on whether the contract is valid from the point of view of Article 6(1) of Directive 93/13.’
A. Tizzano, P
[2012] EUECJ C-453/10, C-453/10
Bailii
Citing:
Opinion – Perenicova And Perenic French Text ECJ 29-Nov-2011
ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 4, paragraph 1 and Article 6, paragraph 1 – Unfair terms in consumer contracts – Directive 2005/29/EC – Unfair commercial practices of companies . .
Lists of cited by and citing cases may be incomplete.
European, Consumer, Banking
Updated: 21 November 2021; Ref: scu.516211
Plant protection products – Active substance chlorothalonil – Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle
T-518/19, [2021] EUECJ T-518/19
Bailii
European
European
Updated: 21 November 2021; Ref: scu.668568
ECJ Company law – Freedom of establishment – Eleventh Directive 89/666/EEC – Disclosure of accounting documents – Branch of a capital company established in another Member State – Pecuniary penalty in the event of failure to disclose within the prescribed period – Right to effective judicial protection – Principle of respect for the rights of the defence – Effective, proportionate and dissuasive nature of the penalty
L. Bay Larsen, P
C-418/11, [2013] EUECJ C-418/11
Bailii
England and Wales
European, Company
Updated: 20 November 2021; Ref: scu.515587
ECJ Opinion – Requests for a preliminary ruling – Admissibility – Discrimination against own nationals – Freedom of establishment – Car and driver hire service – National legislation which makes the provision of that service dependent, in particular, on authorisation and on the fulfilment of certain requirements in respect of the garage of the vehicle
Kokott AG
C-419/12, [2013] EUECJ C-419/12, [2014] EUECJ C-419/12
Bailii, Bailii
European
Updated: 20 November 2021; Ref: scu.515577
ECJ VAT – Supply of cytostatics for the treatment of out-patients – Exemption for hospital and medical care and closely related activities – Whether ‘closely related activities’ must be services – Whether they must be provided by the person who provides the hospital or medical care – Whether they may be exempted if closely related to the provision of medical care not undertaken by a hospital or similar establishment
Sharpston AG
C-366/12, [2013] EUECJ C-366/12, [2014] EUECJ C-366/12
Bailii, Bailii
European, VAT
Updated: 20 November 2021; Ref: scu.515581
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for chloroprene rubber – Price-fixing and market-sharing – Infringement of Article 81 EC – Imputability of the unlawful conduct of a subsidiary to its parent company – Joint control by two parent companies – Decisive influence – Joint and several liability – Limitation period – Legitimate interest
J. Malenovsky, P
C-172/12, [2013] EUECJ C-172/12
Bailii
European
Updated: 20 November 2021; Ref: scu.515580
ECJ Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Employment conditions – Compensation for the unlawful insertion of a fixed-term clause in an employment contract – Equal treatment – Concept of ’emanation of the State’
Wahl AG
C-361/12, [2013] EUECJ C-361/12, [2013] EUECJ C-361/12
Bailii, Bailii
Directive 1999/70/EC
European
Updated: 20 November 2021; Ref: scu.515575
ECJ Appeal – European Regional Development Fund (ERDF) – Community structural assistance in the region of Martinique – Reduction of financial assistance – Public works contracts – Compliance of operations with provisions of European Union law – Coordination of procedures for the award of public works contracts – Directive 93/37/EEC – Article 2 – Concept of ‘direct subsidy’ – Concept of ‘facilities intended for sports, recreation and leisure’
L. Bay Larsen, P
C-115/12, [2013] EUECJ C-115/12
Bailii
Directive 93/37/EEC 2
European
European
Updated: 20 November 2021; Ref: scu.515582
ECJ Appeal – Revocation proceedings – Community word mark CENTROTHERM – Genuine use – Evidence – Sworn statement – Burden of proof – Examination of the facts by OHIM of its own motion – Additional evidence adduced before the Board of Appeal – Regulation (EC) No 207/2009 – Articles 15, 51 and 76 – Regulation (EC) No 2868/95 – Rule 40(5)
L. Bay Larsen, P
C-610/11, [2013] EUECJ C-610/11
Bailii
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.515576
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for chloroprene rubber – Price-fixing and market-sharing – Infringement of Article 81 EC – Imputability of the unlawful conduct of a subsidiary to its parent company – Joint control by two parent companies – Decisive influence – Rights of defence – Increase in the fine – Deterrent effect
C-179/12, [2013] EUECJ C-179/12
Bailii
European
Updated: 20 November 2021; Ref: scu.515579
[2001] EWHC Admin 840
Bailii
England and Wales
Crime, European
Updated: 20 November 2021; Ref: scu.167258
The Club had claimed trade mark infringement against the defendant who sold Arsenal memorabilia, but claimed that the use was not a trade mark use. The case was referred to the European Court of Justice who decided in favour of the club, who then came back to the High Court in the instant case to enforce that decision with an injunction.
Held: The European Court appeared to have exceeded its jurisdiction, by finding a fact contrary to that found by the referring court, namely that some consumers would be confused as to the origin of the goods. Accordingly, the claimant was not entitled to its injunction to support that finding.
The Hon Mr Justice Laddie
Times 17-Dec-2002, Gazette 23-Jan-2003, [2002] EWHC 2695 (Ch)
Bailii
England and Wales
Citing:
Remitted from – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Cited by:
Appeal from – Arsenal Football Club Plc v Reed CA 21-May-2003
The claimant had obtained a judgment in the European Court on reference from the Chancery Division as to its claim against the defendant. On attempting to have that judgement enforced, the Chancery court found that the European Court had made a . .
Remitted to – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.178511
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of persons coming within the field of application of article 48 of the treaty to enter and reside freely in the member states under the same conditions as the nationals of the host state constitutes a ‘measure’ for the purposes of article 3(1) and (2) of directive no 64/221/EEC. That concept includes the action of a court which is required by the law to recommend in certain cases the deportation of a national of another member state , where such recom- mendation constitutes a necessary prerequisite for a decision to make a deportation order. Article 3(2) of directive no 64/221/EEC, according to which previous criminal convictions do not in themselves constitute grounds for the imposition of the restrictions on free movement authorized by article 48 of the treaty on grounds of public policy and public security, must be interpreted to mean that previous criminal convictions are relevant only in so far as the circumstances which gave rise to them are evidence of personal conduct constituting a present threat to the requirements of public policy.
In so far as it may justify certain restrictions on the free movement of persons subject to community law , recourse by a national authority to the concept of public policy presupposes, in any event, the existence, in addition to the perturbation to the social order which any infringement of the law involves, of a genuine and sufficiently serious threat affecting one of the fundamental interests of society.
‘In so far as it may justify certain restrictions on the free movement of persons subject to Community law, recourse by a national authority to the concept of public policy presupposes, in any event, the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society.’
The ECJ held, in answer to the three questions asked of it, that:
i) a recommendation for deportation was a ‘measure’ within Article 3(1) since it was a pre-condition for the making of a deportation order under section 3(6) of the Immigration Act 1971;
ii) the effect of Article 3(2) was that a previous criminal conviction could be taken into account only if it was evidence of personal conduct constituting a present threat to the requirements of public policy; and
iii) ‘recourse by a national authority to the concept of public policy pre-supposes . . the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society.’
C-30/77, [1977] ECR 1999, R-30/77, [1977] EUECJ R-30/77, [1987] QB 732
Bailii
Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health
Cited by:
Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Regina v Kraus CACD 1982
. .
Cited – Regina v Compassi CACD 1987
The court considered the test in deciding whether to make a recommendation for deportation of a defendant on completion of his jail sentence: ‘So far as this case is concerned this appellant has no previous convictions, and the question which has to . .
Cited – Regina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
Cited – Regina v Escauriaza CACD 2-Jan-1988
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two . .
Cited – Benabbas, Regina v CACD 12-Aug-2005
The Court considered a recommendation for the deportation of an Algerian national after the completion of his sentence.
Held: Rix LJ referred to both the Nazari and the Bouchereau tests, and said: ‘The Appellant is not of course an EU . .
Cited – Regina v Nazari CACD 1980
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . .
Cited – Regina v Spura 3-Jan-1988
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an . .
Cited – Regina v Cravioto 1990
. .
Cited – B v Secretary of State for Home Department CA 18-May-2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the . .
Lists of cited by and citing cases may be incomplete.
European, European, Crime, Immigration
Updated: 20 November 2021; Ref: scu.132607
ECJ Social policy – Directive 92/85/EEC – Scope – Surrogacy – Maternity leave – Directive 2006/54/EC – Equal treatment for men and women – Prohibition of less favourable treatment for reasons of pregnancy
Kokott AG
C-167/12, [2013] EUECJ C-167/12, [2014] EUECJ C-167/12
Bailii, Bailii
Directive 92/85/EEC
European
Updated: 20 November 2021; Ref: scu.515573
ECJ Actions for annulment – State aid – Aid scheme allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions – Decision declaring the aid scheme to be incompatible with the common market and not ordering the recovery of the aid – Act entailing implementing measures – Lack of individual concern – No obligation to recover – Inadmissibility
T-400/11, [2013] EUECJ T-400/11
Bailii
European
Updated: 20 November 2021; Ref: scu.515572
ECJ Social security – Regulation (EEC) No 1408/71 – Agreement between the European Community and the Swiss Confederation – Swiss nationals residing in Switzerland and working in Luxembourg – Grant of a parental leave allowance – Concept of a ‘family benefit’
T. von Danwitz, P
C-216/12, [2013] EUECJ C-216/12
Bailii
Regulation (EEC) No 1408/71
European, Benefits
Updated: 20 November 2021; Ref: scu.515574
ECJ Opinion – Requests for a preliminary ruling – Admissibility – Discrimination against own nationals – Freedom of establishment – Car and driver hire service – National legislation which makes the provision of that service dependent, in particular, on authorisation and on the fulfilment of certain requirements in respect of the garage of the vehicle
Kokott AG
C-162/12, [2013] EUECJ C-162/12, [2014] EUECJ C-162/12
Bailii, Bailii
European
Updated: 20 November 2021; Ref: scu.515570
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Spanish market for the purchase and first processing of raw tobacco – Price-fixing and market-sharing – Infringement of Article 81 EC – Whether unlawful conduct of a subsidiary attributable to its parent company – Obligation to state reasons – Fundamental rights – Deterrent effect – Equal treatment – Mitigating circumstances – Cooperation – Unlimited jurisdiction – Ne ultra petita – Right to a fair hearing
J. Malenovsky, P
C-679/11, [2013] EUECJ C-679/11
Bailii
European
Updated: 20 November 2021; Ref: scu.515571
ECJ 1. The aim of article 92 is to prevent trade between member states from being affected by benefits granted by the public authorities which, in various forms, distort or threaten to distort competition by favouring certain undertakings or the production of certain goods. That article does not therefore distinguish between the measures of state intervention concerned by reference to their causes or their aims but defines them in relation to their effects, with the result that the general objectives of national rules, such as those laying down measures of conjunctural policy within the meaning of article 103 of the treaty, are not in themselves sufficient to put those rules outside the scope of article 92.
2. In the application of article 92(3), the commission has a discretion the exercise of which involves economic and social assessments which must be made in a community context. The Commission in no way exceeded the limits of its discretion by considering that the granting of aid for an investment which increases production capacity in a sector in which there is already considerable over-production is contrary to the common interest and that aid of that sort is not of such a nature as to promote the economic development of the area at issue.
3. Where, contrary to the provisions of article 93(3) of the treaty, a member state grants the proposed aid before the end of the procedure initiated by the commission, the latter’s decision that the aid which has been granted is incompatible with the common market may include an order to the national authorities to recover the aid without the beneficiary thereof being able to rely on a breach of a legitimate expectation in regard to that decision, provided that there could be no doubt on the part of the said beneficiary as to the scope of the community rules.
C-310/85, [1987] EUECJ C-310/85
Bailii
Citing:
Cited – Deufil v Commission ECJ 6-Feb-1986
ECJ State aid for the production of polyamide and polypropylene. Interim Measures . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 20 November 2021; Ref: scu.515464
ECJ Social policy – Directive 92/85/EEC – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Article 8 – Maternity leave – Directive 76/207/EEC- Equal treatment for male and female workers – Article 2(1) and (3) – Right to leave for employed mothers after the birth of a child – Possible use by an employed mother or an employed father – Non-employed mother who is not covered by a State social security scheme – No right to leave for employed father – Biological father and adoptive father – Principle of equal treatment
C-5/12, [2013] EUECJ C-5/12
Bailii
Directive 92/85/EEC, Directive 76/207/EEC
European
Updated: 20 November 2021; Ref: scu.515363
ECJ Appeal – Administrative procedure – Publication of a Commission decision concerning a cartel on the European market for glass for use in motor vehicles – Suspension of operation of a Commission decision rejecting in part the applicant’s request that certain information in the decision concerning the cartel be treated as confidential
C-278/13, [2013] EUECJ C-278/13
Bailii
European
Updated: 20 November 2021; Ref: scu.515361
ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – Article 4 of Annex V to those Regulations – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Principle of the social law of the European Union – Article 31(2) of the Charter of Fundamental Rights of the European Union – Effect on the unity and consistency of European Union law
C-579/12, [2013] EUECJ C-579/12
Bailii
European
Updated: 20 November 2021; Ref: scu.515360
ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Article 24(1) – Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ – Payment made to a creditor of that debtor
C-251/12, [2013] EUECJ C-251/12
Bailii
European, Insolvency
Updated: 20 November 2021; Ref: scu.515356
ECJ Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Directive 2005/36/EC – Recognition of professional qualifications – Dental profession – Specific nature and distinction from the medical profession – Common training
C-492/12, [2013] EUECJ C-492/12
Bailii
Directive 2005/36/EC
European, Health Professions
Updated: 20 November 2021; Ref: scu.515357
ECJ Appeals – Dumping – Regulation (EC) No 826/2009 – Imports of certain magnesia bricks originating in the People’s Republic of China – Regulation (EC) No 384/96 – Article 2(10)(b) – Fair comparison – Article 11(9) – Interim partial review – Obligation to apply the same methodology as in the investigation leading to the imposition of the duty – Change in circumstances
C-15/12, [2013] EUECJ C-15/12
Bailii
Regulation (EC) No 826/2009
European
Updated: 20 November 2021; Ref: scu.515359
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Multipliers – Mitigating circumstances – Reduction of the fine – Significant added value
Pelikanova P
T-408/10, [2013] EUECJ T-408/10
Bailii
European, Commercial
Updated: 20 November 2021; Ref: scu.515272
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Multipliers – Mitigating circumstances – Economic crisis – Pressure exerted by wholesalers – 2002 Leniency Notice – Reduction of the fine – Significant added value
T-411/10, [2013] EUECJ T-411/10, [2017] EUECJ T-411/10
Bailii, Bailii
European, Commercial
Updated: 20 November 2021; Ref: scu.515270
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of the unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Mitigating circumstances – Economic crisis – 2002 Leniency Notice – Reduction of the fine – Significant added value
T-412/10, [2013] EUECJ T-412/10
Bailii
European, Commercial
Updated: 20 November 2021; Ref: scu.515273
ECJ Public procurement – Directive 2004/18/EC – Article 1(9), second subparagraph, point (c) – Concept of ‘body governed by public law’ – Condition relating to the financing of the activity, or to management supervision, or to supervision of the activity by the State, by regional or local authorities or other bodies governed by public law – Association of medical practitioners – Financing provided for by law by means of contributions paid by the members of that association – Amount of the contributions fixed by the assembly of that association – Independence of that association in determining the scope and the rules for the performance of its statutory duties
T von Danwitz, P
C-526/11, [2013] EUECJ C-526/11
Bailii
Directive 2004/18/EC
European
Updated: 20 November 2021; Ref: scu.515269
ECJ Freedom to provide medical services – Service provider travelling to another Member State to provide the service – Applicability of the rules of professional conduct of the host Member State, in particular those relating to fees and advertising
L. Bay Larsen Rap
C-475/11, [2013] EUECJ C-475/11
Bailii
European, Health Professions
Updated: 20 November 2021; Ref: scu.515252
ECJ OPINION – Company Law – Directive 77/91/EEC – Liability of a public limited liability company – Protection for investor relying on inaccurate information – Compatibility of a national rule providing for the cancellation of a share purchase transaction
Sharpston AG
C-174/12, [2013] EUECJ C-174/12, [2013] EUECJ C-174/12
Bailii, Bailii
Directive 77/91/EEC
European, Company
Updated: 20 November 2021; Ref: scu.515247
ECJ Value added tax – Sixth Directive 77/388/EEC – Articles 17 and 19 – Deduction of input tax paid – Use of goods and services for both taxable and exempt transactions – Proportional deduction – Calculation of the proportion – Branches established in other Member States and in third States – Not taking their turnover into account
C-388/11, [2013] EUECJ C-388/11
Bailii
Sixth Directive 77/388/EEC
European, VAT
Updated: 20 November 2021; Ref: scu.515253
ECJ Rome Convention on the law applicable to contractual obligations – Contract of employment – Article 6(2) – Applicable law in the absence of a choice made by the parties – Law of the country in which the employee ‘habitually carries out his work’ – Contract more closely connected with another Member State
C-64/12, [2013] EUECJ C-64/12
Bailii
European, Contract, Employment
Updated: 20 November 2021; Ref: scu.515248
Fast Track – Order
[2011] EUECJ C-248/11, C-248/11
Bailii
Directive 2004/39/EC
Cited by:
See Also – Nilas And Others ECJ 22-Mar-2012
nilasECJ2012
ECJ Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(14) – Concept of ‘regulated market’ – Authorisation – Functional requirements – Market whose legal nature is not specified, but which is . .
Lists of cited by and citing cases may be incomplete.
European, Financial Services
Updated: 20 November 2021; Ref: scu.515257
ECJ Freedom of establishment – Freedom to provide services – Articles 43 EC and 49 EC – Betting and gaming – Collection of bets – Conditions of authorisation – Requirement of police authorisation and a licence – National legislation – Mandatory minimum distances between bet collection points – Cross-border activities analogous to those covered by the licence – Prohibition – Mutual recognition of betting and gaming licences
C-660/11, [2013] EUECJ C-660/11
Bailii
European
Updated: 20 November 2021; Ref: scu.515249
ECJ Social policy – Equal treatment for men and women – Directive 76/207/EEC – Fixed-term employment contract concluded prior to the accession of the Member State – Expiry of the fixed term after the accession – Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached – Retirement age for men different from the age set for women
T. von Danwitz, P
C-614/11, [2013] EUECJ C-614/11
Bailii
Directive 76/207/EEC
European
Updated: 20 November 2021; Ref: scu.515254
ECJ Community trade mark – Invalidity proceedings – Community word mark CASTEL – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Admissibility – Absolute ground for refusal not put forward before the Board of Appeal – Examination of the facts by OHIM of its own motion – Article 76(1) of Regulation (EC) No 207/2009
H. Kanninen, P
T-320/10, [2013] EUECJ T-320/10
Bailii
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.515265
ECJ ommunity trade mark – Opposition proceedings – Application for Community word mark GOLDEN BALLS – Earlier Community word mark BALLON D’OR – Similarity of the signs – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 – Application for annulment filed by the intervener – Article 134(3) of the Rules of Procedure of the General Court – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009
J Azizi Rap
T-437/11, [2013] EUECJ T-437/11
Bailii
Regulation No 207/2009
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.515267
ECFI Access to documents – Regulation (EC) No 1049/2001 – Registers of assistants to former members of the European Parliament – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Protection of individuals with regard to the processing of personal data – Regulation (EC) No 45/2001
Papasavvas P
[2012] EUECJ T-190/10
Bailii
Citing:
See Also – Egan And Hackett v Parliament (Access To Documents) ECFI 10-May-2011
Legal aid . .
Lists of cited by and citing cases may be incomplete.
Information, European
Updated: 20 November 2021; Ref: scu.515235
ECJ Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC – Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work – National legislation allotting those rights, exclusively and by operation of law, to the film producer – Possibility of departing from that rule by an agreement between the parties – Subsequent rights to remuneration)
K. Lenaerts, P
[2012] EUECJ C-277/10, C-277/10
Bailii
Citing:
See Also – Luksan v Van Der Let (Intellectual Property) French Text ECJ 6-Sep-2011
ECJ Directive 93/83/EEC – Directive 2006/116/EC, Directive 2001/29/EC – Directive 2005/115/EC – Copyright of the principal director of a film – Allocation of exclusive exploitation rights to the producer Film – . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 20 November 2021; Ref: scu.515236
ECJ Opinion – Judicial co-operation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Jurisdiction of the court of the Member State in which the centre of the debtor’s main interests is situated – Action in the context of insolvency to set a transaction aside – Extra-territorial element – Defendant residing in a third country
Sharpston AG
C-328/12, [2013] EUECJ C-328/12
Bailii
Regulation (EC) No 1346/2000
Cited by:
Opinion – Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel ECJ 16-Jan-2014
ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Action to set a transaction aside by virtue of the debtor’s insolvency – . .
Lists of cited by and citing cases may be incomplete.
European, Insolvency
Updated: 20 November 2021; Ref: scu.515169
ECJ Opinion – Freedom of establishment – Admissibility – Factual elements of the main proceedings confined within one Member State – Public health – National legislation restricting the sale of prescription-only medicinal products the cost of which is wholly borne by the customer – Para-pharmacies
Wahl AG
C-159/12, [2013] EUECJ C-159/12, [2013] EUECJ C-159/12
Bailii, Bailii
European
Updated: 20 November 2021; Ref: scu.515159
ECJ Medicinal products for human use Directive 2001/83/EC – Concept of ‘advertising’ – Dissemination of information about a medicinal product by a third party acting on his own initiative
C-421/07, [2009] EUECJ C-421/07
Bailii
Directive 2001/83/EC
Citing:
Opinion – Anklagemyndigheden v Damgaard ECJ 18-Nov-2008
ECJ Opinion – Human Drugs – Concept advertising – Dissemination of information on a drug by an independent person – Freedom of Expression . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 19 November 2021; Ref: scu.514936
ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation – Links between the general agreement and the measures of implementation as regards objects and participants – Fine – Determination of the amount
P. Lindh, P
[2000] EUECJ T-104/95, T-104/95
Bailii
Citing:
See Also – Tsimenta Chalkidos v Commission ECFI 11-Aug-1995
Competition – Payment of a fine – Bank guarantee – Procedure for interim relief – Suspension of operation.
It is only in exceptional circumstances that the judge hearing an application for interim measures should order the suspension of the . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 19 November 2021; Ref: scu.514942
ECJ Competition Articles 81 EC, 82 EC and 86 EC Compulsory affiliation to a body providing insurance against accidents at work and occupational diseases Concept of an ‘undertaking’ Abuse of dominant position Freedom to provide services Articles 49 EC and 50 EC Restriction Justification Risk of serious harm to the financial equilibrium of the social security scheme
A Rosas, P
C-350/07, [2009] EUECJ C-350/07
Bailii
Citing:
Opinion – Kattner Stahlbau GmbH v Maschinenbauund Metall-Berufsgenossenschaft ECJ 18-Nov-2008
ECJ Opinion – Preliminary reference – Competition – Compulsory affiliation to a body providing insurance against accidents at work and occupational diseases Whether such a body is to be treated as an undertaking . .
Lists of cited by and citing cases may be incomplete.
European, Commercial
Updated: 19 November 2021; Ref: scu.514935
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection of data does not attract copyright unless the selection and arrangement of the data makes the collection the author’s own intellectual creation . . however, the selection and arrangement of the data did not make the . . List Mr Bradford’s own intellectual creation. He exercised no literary judgment even in the widest sense of the word literary, and he did not devise the form of expression of the work to any material extent.’
The court went on to consider other elements obiter in case the principle decision proved incorrect.
Arnold J
[2011] EWHC 2892 (Ch)
Bailii
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, Council Directive 2009/24/EC of 23 April 2009, European Parliament and Council Directive 96/9/EC of 11 March 1996 on the legal protection of databases, European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, Copyright, Designs and Patents Act 1988, Copyright (Computer Programs) Regulations 1992 SI 1992/3233, Copyright and Rights in Databases Regulations 1997 SI 1997/3032, Copyright and Related Rights Regulations 2003 SI 2003/2498
England and Wales
Citing:
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1) ECJ 5-Oct-2004
pfeiffer_deutchesrotesreuzECJ102004
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in . .
Cited – Revenue and Customs v IDT Card Services Ireland Ltd CA 27-Jan-2006
Under the Marleasing principle, or principle of conforming interpretation, the domestic court of a member state must interpret its national law so far as possible in the light of the wording and purpose of the Directive in question. However this . .
Cited – Hermes International v FHT Marketing ECJ 9-Sep-1998
Where interim orders had been granted following seizure of goods under TRIPS agreement, the court gave guidance on what characteristics where required for it to be considered provisional measures under TRIPS and so imposed time limits.
Cited – Parfums Christian Dior v Tuk Consultancy BV ECJ 14-Dec-2000
ECJ (External Relations) Agreement establishing the World Trade Organisation – TRIPs Agreement – Article 177 of the EC Treaty (now Article 234 EC) – Jurisdiction of the Court of Justice – Article 50 of the TRIPs . .
Cited – Schieving-Nijstad VOF and Others v Groeneveld ECJ 13-Sep-2001
ECJ Reference for a preliminary ruling: Hoge Raad der Nederlanden – Netherlands. Agreement establishing the World Trade Organisation – Article 50(6) of the TRIPs Agreement – Interpretation – Direct effect – . .
Cited – Sociedad General De Autores Y Editores De Espana (SGAE) v Rafael Hoteles SA ECJ 7-Dec-2006
ECJ (Law Relating To Undertakings) Copyright and related rights in the nformation society – Directive 2001/29/EC – Article 3 – Concept of communication to the public – Works communicated by means of television . .
Cited – Angelidaki and Others v Organismos Nomarkhiaki Aftodiikisi Rethimnis ECJ 23-Apr-2009
ECJ (Social Policy) Directive 1999/70/EC Clauses 5 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Successive . .
Cited – Churchill Insurance Company Ltd v Wilkinson and Others CA 19-May-2010
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their . .
Cited – Churchill Insurance Company Ltd v Wilkinson and Another ECJ 6-Sep-2011
ECJ (Approximation of Laws) Insurance against civil liability in respect of the use of motor vehicles – Victim of a road traffic accident who was a passenger in a vehicle in respect of which he was insured as an . .
Cited – Walter v Lane HL 6-Aug-1900
Reporter of Public Speech Owns Copyright I
A reporter attended a speech by Lord Rosebery. His report of the speech was republished in the Times after another journalist who had not been present published a verbatim copy. He claimed a copyright in the work he produced.
Held: The first . .
Cited – Fixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP) ECJ 9-Nov-2004
ECJ The term database as defined in Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases refers to any collection of works, data or . .
Cited – Anheuser-Busch v Budejovicky Budvar, narodni podnik ECJ 16-Nov-2004
Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor’s exclusive right to the trade mark – Alleged use of the sign as a trade name. . .
Cited – Navitaire Inc v Easyjet Airline Co and Another ChD 30-Jul-2004
The claimant alleged infringement of its copyright in a software system which dealt with airline reservations. It was not said that any code had been copied, but merely that an express requirement of the defendant ordering the system was that it . .
Cited – Ashdown v Telegraph Group Ltd ChD 11-Jan-2001
The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He . .
Cited – Football Association Premier League and Others v QC Leisure and Others etc ECJ 4-Oct-2011
ECJ Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used . .
Cited – Stichting De Thuiskopie v Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH ECJ 10-Mar-2011
ECJ Copyright – Directive 2001/29/EC – Article 5(2)(b) – Article 5(5) – Reproduction rights – Fair compensation – Distance selling. . .
Cited – Football Dataco Ltd and Others v Yahoo! UK Ltd and Others CA 9-Dec-2010
The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list.
Cited – Ashdown v Telegraph Group Ltd CA 18-Jul-2001
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the . .
Cited – Hyperion Records Ltd v Sawkins CA 19-May-2005
The claimant had developed historical musical works for performance. They were published by the defendant, by means of recordings of a performance from the scores he had prepared – so called ‘performance editions’. The many hundreds of hours . .
Cited – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 19 November 2021; Ref: scu.448297
ECJ Freedom of movement for persons – Citizenship of the Union Article 12 EC Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons – Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory
P Jann P
[2009] EUECJ C-103/08
Bailii
Citing:
Opinion – Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Principles of Community Law) ECJ 30-Apr-2009
ECJ Article 12 EC Prohibition of discrimination on grounds of nationality Toll roads National legislation under which a toll disc made available free of charge to disabled persons is granted only to persons . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 19 November 2021; Ref: scu.514441
ECJ Freedom of establishment Free movement of capital Direct taxation Income tax legislation ‘ Determination of the taxable income of companies ‘ Companies having a relationship of interdependence ‘ Unusual or gratuitous advantage granted by a resident company to a company established in another Member State ‘ Addition of the amount of the advantage in question to the profits of the resident company which granted it ‘ Balanced allocation of the power to tax between Member States ‘ Combating tax avoidance ‘ Prevention of abuse ‘ Proportionality
[2010] EUECJ C-311/08, C-311/08
Bailii
Citing:
Opinion – Society of Industrial Management System v Belgian State ECJ 10-Sep-2009
ECJ Opinion – Direct Taxation – Freedom of establishment – Free movement of capital tax treatment of an unusual or gratuitous advantage granted by a resident company to a company having its seat in another Member . .
Lists of cited by and citing cases may be incomplete.
European, Taxes Management
Updated: 19 November 2021; Ref: scu.514421
ECJ Failure of a Member State to fulfil obligations Article 307, second paragraph, EC Failure to adopt appropriate steps to eliminate incompatibilities between the bilateral agreements concluded with third countries prior to accession of the Member State to the European Union and the EC Treaty Bilateral investment agreements concluded by the Republic of Finland with the Russian Federation, the Republic of Belarus, the People’s Republic of China, Malaysia, the Democratic Socialist Republic of Sri Lanka and the Republic of Uzbekistan
[2009] EUECJ C-118/07, C-118/07
Bailii
Citing:
Opinion – Commission v Finland (External Relations) ECJ 10-Sep-2009
ECJ Opinion – Bilateral investment treaties Article 307 EC. . .
Lists of cited by and citing cases may be incomplete.
European, International
Updated: 19 November 2021; Ref: scu.514423
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end users and providers Mandatory to attempt an out-of-court settlement
K. Lenaerts, P
[2010] EUECJ C-318/08, C-318/08
Bailii
Directive 2002/22/EC
Citing:
Opinion – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications Directive 2002/22/EC Mandatory out-of-court dispute resolution as a condition for the admissibility of legal . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) – C-317/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA i (Environment And Consumers) – C-317/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling – Principle of effective judicial protection Electronic communications networks and services – Directive 2002/22/EC – Universal Service Disputes between end’users and . .
Cited by:
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end’users and providers . .
Lists of cited by and citing cases may be incomplete.
European, Media, Litigation Practice
Updated: 19 November 2021; Ref: scu.514426
ECJ Reference for a preliminary ruling – Principle of effective judicial protection Electronic communications networks and services – Directive 2002/22/EC – Universal Service Disputes between end’users and providers – Mandatory to attempt an out-of-court settlement
K. Lenaerts, P
[2010] EUECJ C-317/08, C-317/08, [2010] ECR I-221, [2010] 3 CMLR 17
Bailii
Directive 2002/22/EC
Citing:
Opinion – Alassini v Telecom Italia SpA (Environment And Consumers) – C-317/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications Directive 2002/22/EC Mandatory out-of-court dispute resolution as a condition for the admissibility of legal . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
Cited by:
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end users and providers . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end’users and providers . .
Lists of cited by and citing cases may be incomplete.
European, Media, Litigation Practice
Updated: 19 November 2021; Ref: scu.514425
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end’users and providers Mandatory to attempt an out-of-court settlement)
K Lenaerts, P
[2010] EUECJ C-319/08, C-319/08
Bailii
Directive 2002/22/EC
Citing:
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) – C-317/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications Directive 2002/22/EC Mandatory out-of-court dispute resolution as a condition for the admissibility of legal . .
Opinion – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA i (Environment And Consumers) – C-317/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling – Principle of effective judicial protection Electronic communications networks and services – Directive 2002/22/EC – Universal Service Disputes between end’users and . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end users and providers . .
Lists of cited by and citing cases may be incomplete.
European, Media, Litigation Practice
Updated: 19 November 2021; Ref: scu.514427
Gender Recognition Certificate – European Union law – Council Directive 79/7/EEC
[2013] UKUT 290 (AAC)
Bailii
Council Directive 79/7/EEC
European
Updated: 19 November 2021; Ref: scu.514363
Preliminary Rulings
R-146/73, [1974] EUECJ R-146/73
Bailii
European
Updated: 19 November 2021; Ref: scu.214368
ECJ Grand Chamber – Failure of a Member State to fulfil obligations – Taxation – Directive 2006/112/EC – Articles 9 and 11 – National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes
V Skouris P
[2013] EUECJ C-85/11
Bailii
Directive 2006/112/EC 9 11
Citing:
Opinion – Commission v Ireland ECJ 27-Nov-2012
ECJ Opinion – VAT – Articles 9 and 11 of Directive 2006/112/EC – National rules allowing non-taxable persons to be members of VAT groups – Compatibility with European Union VAT law . .
Lists of cited by and citing cases may be incomplete.
European, VAT
Updated: 18 November 2021; Ref: scu.514230
State aid – Aid implemented by Ireland in favour of Apple – Advance tax agreement (tax ruling) – Selective tax advantages – Action for annulment – Intervention – Third-country – No interest in the result of the case
T-892/16, [2017] EUECJ T-892/16, ECLI:EU:T:2017:925
Bailii
European
European
Updated: 18 November 2021; Ref: scu.668601
Reference for a preliminary ruling – Regulation (EC) No 883/2004 – Article 65(2) and (5) – Scope – Wholly unemployed worker – Unemployment benefits – Worker who resides and pursues an activity as an employed person in the competent Member State – Transfer of his or her residence to another Member State – Person not actually pursuing an activity as an employed person in the competent Member State before becoming wholly unemployed – Person on sick leave and receiving, on that basis, sickness benefits paid by the competent Member State – Pursuit of an activity as an employed person – Comparable legal situations
C-285/20, [2021] EUECJ C-285/20, [2021] WLR(D) 503
Bailii, WLRD
European
European
Updated: 18 November 2021; Ref: scu.668522
[2013] ScotCS CSIH – 65A
Bailii
Directive 92/43/EEC 6
Scotland
European, Environment, Planning
Updated: 17 November 2021; Ref: scu.513800
Laws, Tomlinson LJJ, Sid David Keene
[2012] EWCA Civ 1952
Bailii
England and Wales
Cited by:
Cited – Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council SC 27-Jan-2016
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to . .
Lists of cited by and citing cases may be incomplete.
European, Benefits
Updated: 17 November 2021; Ref: scu.513721
ECJ Sixth VAT Directive – Right to deduction – Purchase of vehicles and use for leasing transactions – Differences between the tax regimes of two Member States – Prohibition of abusive practices
‘taxable persons are generally free to choose the organisational structures and the form of transactions which they consider to be most appropriate for their economic activities and for the purposes of limiting their tax burdens’, albeit that this is subject to an exception for ‘abusive transactions’.
K. Lenaerts, P
[2010] EUECJ C-277/09, ECLI:EU:C:2010:810, [2011] STI 262, [2011] BVC 138, [2011] STC 345
Bailii
European
Citing:
Opinion – Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 30-Sep-2010
ECJ Opinion – Interpretation of Article 17(3)(a) of the Sixth VAT Directive – Transactions carried out with the sole aim of obtaining a tax advantage – Provision of vehicle leasing services in the United Kingdom . .
At VDT (2) – RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 3-May-2005
VDT Applications – opposed motion to sist part of the proceedings in the appeal pending an ECJ Decision: Application for an order for disclosure of documents – necessity of documents, relevance to issue . .
At VDT (1) – RBS Deutschland Holdings Gmbh v Customs and Excise VDT 16-Nov-2004
VDT Application: Interlocutory Hearing – Jurisdiction – whether appeal raised in Edinburgh should be transmitted to London in respect that there was another connected appeal there – whether Appellants with . .
At Inner House – Revenue and Customs v RBS Deutschland Holdings Gmbh SCS 13-Jan-2006
SCS The taxpayer, a German subsidiary of a UK bank, carried on a banking and leasing business in Germany. It did not have a place of establishment in the UK. It was registered in the UK for VAT as a . .
At VDT (3) – RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 24-Jul-2007
VDT VAT – deduction of input tax – leasing of cars within UK by German subsidiary company – cars purchased within UK, remaining there and subject to VAT in UK – leasing deemed to be supply of services in Germany . .
Cited by:
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Cited – Revenue and Customs v Secret Hotels2 Ltd SC 5-Mar-2014
The Court was asked as to: ‘the liability for Value Added Tax of a company which markets and arranges holiday accommodation through an on-line website. The outcome turns on the appropriate characterisation of the relationship between the company, . .
Lists of cited by and citing cases may be incomplete.
European, VAT
Updated: 17 November 2021; Ref: scu.513675
ECJ Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 2(2)(6) – ‘Reduction of disease risk claim’ – Article 28(2) – Products bearing trade marks or brand names – Transitional measures
Malenovsky, P
C-299/12, [2013] EUECJ C-299/12, [2013] WLR(D) 292
Bailii
Regulation (EC) No 1924/2006
European, Consumer
Updated: 17 November 2021; Ref: scu.513594
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 calculate his entitlement to stay here. ‘Residence’ in the Regulations means presence in this country exercising of the rights and freedoms conferred by the EU Treaty. An EEA national who, being convicted of a crime, was detained for a significant period in prison or other penal institution, was not resident in this country exercising that right.
Lord Justice Sedley, Lord Justice Stanley Burnton and Lord Justice Elias
[2009] EWCA Civ 371, Times 15-Jun-2009, [2009] WLR(D) 144, [2009] 3 CMLR 9, [2009] 3 CMLR 9, [2010] 1 WLR 158
Bailii
Immigration (European Economic Area) Regulations (SI 2006 No 1003), Directive 2004/58/EC of the European Parliament and of the Council of April 29, 2004
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Immigration, Crime, European
Updated: 17 November 2021; Ref: scu.343055
[2008] EWCA Civ 190
Bailii
Immigration (EEA) Regulations 2006
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 17 November 2021; Ref: scu.266212
The Defendant Secretary of State was conducting three franchise procurement competitions during a period when there was considerable uncertainty about the scope of potential pension liabilities because of intervention by the Pensions Regulator
Mr Justice Stuart-Smith
[2020] EWHC 1568 (TCC)
Bailii
England and Wales
Transport, European
Updated: 17 November 2021; Ref: scu.653340
ECJ Trade marks – Regulation (EC) No 207/2009 – Articles 9(1)(b) and c), 15(1) and 51(1)(a) – Grounds for revocation – Definition of ‘genuine use’ – Trade mark used together with another trade mark or as part of a compound trade mark – Colour or combination of colours in which a trade mark is used – Reputation
M Ilesic R, P
C-252/12, [2013] EUECJ C-252/12
Bailii
European, Intellectual Property
Updated: 17 November 2021; Ref: scu.513418
ECJ Electronic communications networks and services – Directive 2002/20/EC – Article 12 – Administrative charges imposed on undertakings in the sector concerned – National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Jarasiunas P
C-228/12, [2013] EUECJ C-228/12
Bailii
Directive 2002/20/EC 812
European, Utilities
Updated: 17 November 2021; Ref: scu.513419
ECJ Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 2(2)(6) – ‘Reduction of disease risk claim’ – Article 28(2) – Products bearing trade marks or brand names – Transitional measures
C-299/12, [2013] EUECJ C-299/12
Bailii
European, Consumer
Updated: 17 November 2021; Ref: scu.513411
ECJ Opinion – Police and judicial cooperation in criminal matters – Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties – ‘Opportunity to have the case tried by a court having jurisdiction in particular in criminal matters’
Sharpston AG
C-60/12, [2013] EUECJ C-60/12, [2013] EUECJ C-60/12
Bailii, Bailii
European, Criminal Practice
Updated: 17 November 2021; Ref: scu.513412
ECJ Directive 2006/112/EC – Common system of value added tax – Supply of goods – Concept – Right to deduct – Refusal – Actual performance of a taxable transaction – Regulation (EC) No 1760/2000 – System for the identification and registration of bovine animals – Ear tags
R. Silva de Lapuerta P
C-78/12, [2013] EUECJ C-78/12
Bailii
Regulation (EC) No 1760/2000, Directive 2006/112/EC
European, VAT, Agriculture
Updated: 17 November 2021; Ref: scu.513410
ECJ Failure of a Member State to fulfil obligations – Regulation (EC) No 1829/2003 – Animal feed – Genetically modified feed – Production, placing on the market or use – National prohibition not yet in force
C-313/11, [2013] EUECJ C-313/11
Bailii
Regulation (EC) No 1829/2003
European, Agriculture
Updated: 17 November 2021; Ref: scu.513409
ECJ Agriculture – System of import licences – Regulation (EC) No 1291/2000 – Article 35(4)(c) – Securities lodged at the time of application for the issue of the licences – Import licence – Late submission of proof of its use – Penalty – Calculation of the amount forfeited – Regulation (EC) No 958/2003 – Tariff quotas
J Malenovsky, P
C-211/12, [2013] EUECJ C-211/12
Bailii
Regulation (EC) No 1291/2000 35(4)(c), Regulation (EC) No 958/2003
European, Agriculture
Updated: 17 November 2021; Ref: scu.513413
ECJ Opinion – Appeal – State aid – Imputability of the contested measure – Exemption from excise duty – Mineral oils – Relationship between tax harmonisation and the monitoring of State aid – Principle of legal certainty – Presumption of legality
Bot AG
C-272/12, [2013] EUECJ C-272/12, [2013] EUECJ C-272/12
Bailii, Bailii
European, Customs and Excise
Updated: 17 November 2021; Ref: scu.513408
ECJ Appeal – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Liability of the parent company for infringements of the law on cartels committed by its subsidiary – Holding company – Internal compliance programme – Fundamental rights – Principles of the rule of law in the context of determination of the fines imposed – Separation of powers, and principles of legality, of non-retroactivity, of the protection of legitimate expectations and of fault – Regulation (EC) No 1/2003 – Article 23(2) – Validity – Legality of the 1998 Commission guidelines
C-501/11, [2013] EUECJ C-501/11, [2013] EUECJ C-501/11 – P
Bailii, Bailii
Regulation (EC) No 1/2003 23(2)
European
Updated: 17 November 2021; Ref: scu.513417
ECJ Third paragraph of Article 267 TFEU – Scope of the obligation on courts of final instance to make a reference for a preliminary ruling – Article 101 TFEU – Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession
L. Bay Larsen, P
C-136/12, [2013] EUECJ C-136/12
Bailii
TFEU 267 101
European
Updated: 17 November 2021; Ref: scu.513403