Pioneer Hi Bred Italia Srl v Ministero Delle Politiche Agricole Alimentari E Forestali: ECJ 6 Sep 2012

pioneer_ministeroECJ2012

ECJ Agriculture – Genetically modified organisms – Council Directive 2002/53/EC – Common catalogue of varieties of agricultural plant species – Genetically modified organisms accepted for inclusion in the common catalogue – Regulation (EC) No 1829/2003 – Article 20 – Existing products -Directive 2001/18/EC – Article 26a – Measures to avoid the unintended presence of genetically modified organisms – National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC.

J-C Bonichot P
C-36/11, [2012] EUECJ C-36/11, [2012] WLR(D) 262
Bailii
Directive 2001/18/EC 26a, Regulation (EC) No 1829/2003 20

European, Agriculture

Updated: 01 November 2021; Ref: scu.464454

Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another: HL 4 Mar 1994

The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory.
Held: The different employment rights for part timers were a form of indirect discrimination because they affected women more than men. Provisions of the Employment Protection (Consolidation) Act 1978 were incompatible with EU law. The claim to redundancy payable under the applicable community law should appropriately be brought against employers in the Industrial Tribunal and not against the Secretary of State in proceedings for Judicial Review. The Secretary of State had not discharged the burden of showing that indirect discrimination against women resulting from the provisions of the Employment Protection (Consolidation) Act 1978 was objectively justified.

Lord Browne-Wilkinson
Times 04-Mar-1994, Gazette 11-May-1994, Independent 09-Mar-1994, [1994] 2 WLR 409, [1994] IRLR 176, [1995] 1 AC 1, [1994] 1 ALL ER 910, [1994] UKHL 2, [1994] ICR 307, (1994) 92 LGR 360
Bailii
Employment Protection (Consolidation) Act 1978 54 64 68, Sex Discrimination Act 1975 53(1)(a)
England and Wales
Citing:
Appeal from – Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another CA 1993
. .
Referred to – Boyle and Others v Equal Opportunities Commission ECJ 27-Oct-1998
It was not discriminatory to offer additional pay over and above statutory entitlements to workers taking maternity leave on condition that they return to work for at least a month after the birth or repay the additional sums allowed . .

Cited by:
Cited – Tayside Regional Council v Ann McDiarmid Morrison EAT 27-Aug-2001
The applicant had been employed under a contract for four hours per week. At the time of the dismissal, the minimum requirement for job security was 16 hours. The later decision of the Lords that that rule was discriminatory served to start her . .
Reference from – Boyle and Others v Equal Opportunities Commission ECJ 27-Oct-1998
It was not discriminatory to offer additional pay over and above statutory entitlements to workers taking maternity leave on condition that they return to work for at least a month after the birth or repay the additional sums allowed . .
Cited – Rutherford and Another v Secretary of State for Trade and Industry CA 3-Sep-2004
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy.
Cited – T-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Leading Case

Updated: 01 November 2021; Ref: scu.87693

Blackrock v OHIM (So What Do I Do With My Money): ECFI 29 Jan 2015

blackroskECJ201501

ECJ (Judgment) Community trade mark – Application for the Community word mark SO WHAT DO I DO WITH MY MONEY – Mark consisting of an advertising slogan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

G. Berardis (Rapporteur), P
T-609/13, [2015] EUECJ T-609/13, ECLI:EU:T:2015:54
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 01 November 2021; Ref: scu.542012

Globula AS v European Commission: ECFI 6 Sep 2013

ECJ Internal market in natural gas – Directive 2003/55/EC – Obligation on natural gas undertakings to organise a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities granting the applicant a temporary exemption for its future underground gas storage facilities in Damborice – Commission decision ordering the Czech Republic to withdraw the exemption decision – Time at which Directive 2003/55 takes effect

T-465/11, [2013] EUECJ T-465/11
Bailii
Directive 2003/55/EC
European

Utilities

Updated: 01 November 2021; Ref: scu.515164

Directeur General Des Douanes Et Droits Indirects v Harry Winston Sarl: ECJ 11 Jul 2013

dgddedi_hwsECJ072013

ECJ Community Customs Code – Regulation (EEC) No 2913/92 – Article 206 – Incurrence of a customs debt – Theft of goods placed under customs warehousing arrangements – Notion of ‘irretrievable loss of goods as a result of force majeure’- Directive 2006/112/EC – Article 71 – Value added tax – Chargeable event – Chargeability of tax

R. Silva de Lapuerta, P
C-273/12, [2013] EUECJ C-273/12
Bailii
Regulation (EEC) No 2913/92 206, Directive 2006/112/EC 71

European, Customs and Excise

Updated: 01 November 2021; Ref: scu.512337

Article 218(11) TFEU – Convention On The Civil Aspects Of International Child Abduction (Opinions Of The Court): ECJ 14 Oct 2014

art218ECJ1410

ECJ Grand Chamber – Opinion – Opinion pursuant to Article 218(11) TFEU – Convention on the civil aspects of international child abduction – Accession of third States – Regulation (EC) No 2201/2003 – Exclusive external competence of the European Union – Risk of undermining the uniform and consistent application of EU rules and the proper functioning of the system which they establish

V. Skouris, P
Avis-1/13, [2014] EUECJ Avis-1/13
Bailii
TFEU 218(11), Regulation (EC) No 2201/2003, Convention On The Civil Aspects Of International Child Abduction

European, Children, International

Updated: 01 November 2021; Ref: scu.537603

Backaldrin Osterreich The Kornspitz Company v Pfahnl Backmittel Gmbh: ECJ 6 Mar 2014

backaldrinECJ0314

ECJ (Judgment Of The Court) Trade marks – Directive 2008/95/EC – Article 12(2)(a) – Revocation – Trade mark which, in consequence of acts or inactivity of the proprietor, has become the common name in the trade for a product or service in respect of which it is registered – Perception of the word sign ‘KORNSPITZ’ by sellers, on the one hand, and by end users, on the other – Loss of distinctive character from the point of view of end users only

M. Ilesic P
C-409/12, [2014] EUECJ C-409/12, [2014] WLR(D) 112
Bailii, WLRD
Directive 2008/95/EC 12(2)(a)

European, Intellectual Property

Updated: 01 November 2021; Ref: scu.522268

Akyuz: ECJ 1 Mar 2012

akyuzECJ2012

ECJ Directives 91/439/EEC and 2006/126/EC – Mutual recognition of driving licences – Refusal of a Member State to recognise, in respect of a person who does not satisfy the physical and mental requirements for driving under the laws of that Member State, the validity of a driving licence issued by another Member State

Cunha Rodrigues P
C-467/10, [2012] EUECJ C-467/10
Bailii
Directive 91/439/EEC, Directive 2006/126/EC

European, Road Traffic

Updated: 01 November 2021; Ref: scu.451785

European Commission v Republic of Bulgaria: ECJ 14 Nov 2013

ec_bulgECJ1113

ECJ Opinion – Failure of a Member State to fulfill obligations – Internal market in energy – Gas transportation – Transmission System Operator (TSO) – Obligation to guarantee maximum capacity – Virtual reverse flow of gas (backhaul) – Articles 14(1) and 16(1) and (2)(b) of Regulation No 715/2009 – Admissibility

Jaaskinen AG
C-198/12, [2013] EUECJ C-198/12, [2014] EUECJ C-198/12
Bailii, Bailii

European, Utilities

Updated: 01 November 2021; Ref: scu.517793

Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wasewicz v Dyrektor Izby Skarbowej w Poznaniu: ECJ 15 Sep 2011

kopalniaECJ2011

ECJ Opinion – Value Added Tax – Recovery of input tax for operations for the purpose of future economic activity – taxable transaction before the formation of a partnership that carries out economic activity – Issuance of invoices on behalf of the future partnership and ‘future partners’ – Purchase of land at the expense of ‘future partners’ contributions in kind to the partnership at the time of its formation

Cruz Villallon AG
C-280/10, [2011] EUECJ C-280/10
Bailii
Cited by:
Opinion – Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wasewicz v Dyrektor Izby Skarbowej w Poznaniu ECJ 1-Mar-2012
VAT – Directive 2006/112/EC – Articles 9, 168, 169 and 178 – Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity – Purchase of land by the partners of a partnership – Invoices drawn . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 01 November 2021; Ref: scu.444383

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed.
Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright protection for systematically arranged, individually accessible collections of independent works, data or other materials. Selection or arrangement of the contents of a database are notions which are clearly separate from mere non-selective gathering of information.
Notions appropriate to sui generis right may not apply automatically to the database copyright. Article 3 harmonises a particular copyright. The purpose of copyright is to provide encouragement for creative endeavour, and differs in that respect from the sui generis right which is designed to encourage investment in particular types of data gathering . . the selection or arrangement required by Article 3(1) is not confined to selection or arrangement performed after the data is finally created. The process of selection and arrangement of the contents of a database can and often will commence before all the data is created. I see no reason why selection decisions made about the contents of the database in the course of arriving at the final version should not properly be described as selection or arrangement. To cut out from consideration these selection decisions, merely because they occur whilst the database is being created, seems to me to be arbitrary, and conceptually fraught with difficulty.
Floyd J said that the court’s task is to:
i) Identify the data which is collected and arranged in the database;
ii) Analyse the work which goes into the creation of the database by collecting and arranging the data so identified, to isolate that work which is properly regarded as selection and arrangement;
iii) Ask whether the work of selection and arrangement was the author’s own intellectual creation and in particular whether it involved the author’s judgment, taste or discretion;
iv) Finally one should ask whether the work is quantitatively sufficient to attract copyright protection.
On the facts, although the overall list of matches in any league is ultimately a given, there is undoubted selection and arrangement in the choice of dates and the decisions as to which match is played on which date, and the Fixture Lists are the subject of database copyright, but not otherwise in copyright or sui generis database right.

Floyd J
[2010] EWHC 841 (Ch), [2010] ECC 31, [2010] RPC 17, [2010] 3 CMLR 25
Bailii
Copyright Designs and Patents Act 1988 3A, Copyright and Rights in Databases Regulations 1997 (SI 1997/3032), European Parliament and Council Directive 96/9/EC on the Legal Protection of Databases
England and Wales
Citing:
Cited – Football League Limited v Littlewoods Pools ChD 1959
The plaintiff alleged copyright infringement by the defendant in the reproduction of its football fixture lists. The defendant argued that the work which went into deciding when and where the fixtures were to take place was not relevant: the only . .
Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964
What is substantial copying
The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. . .
Cited – British Horseracing Board Ltd and Another v William Hill Organization Ltd CA 13-Jul-2005
The Court allowed William Hill’s appeal, holding that BHB had not established that the ECJ had given its earlier ruling on the basis of an erroneous assumption of fact and that the result of applying the ruling was that BHB’s Database did not fall . .
Cited – Fixtures Marketing v Oy Veikkaus Ab ECJ 9-Nov-2004
Europa Directive 96/9/EC – Legal protection of databases – Sui generis right – Definition of investment in the obtaining, verification or presentation of the contents of a database – Football fixture lists – . .
Cited – The British Horseracing Board Ltd and Others v William Hill Organization Ltd ECJ 9-Nov-2004
bhb_whECJ2004
The claimant sought to prevent re-use by the defendant of information from its horse racing subscription service. They claimed that they had a database right in the information. It cost andpound;4m per year to assemble.
Held: The expression . .
Cited – Pharma Intranet Information AG v IMS Health GmbH and Co. OHG 2005
(Oberlandesgericht Frankfurt) The court asked whether a database produced by the claimant for the pharmaceutical market containing figures for revenue and sales development for medicines sold in Germany, was protected by copyright. The data was . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
See Also – Football Dataco Ltd and Others v Brittens Pools Ltd and Others ChD 26-Nov-2009
. .

Cited by:
Appeal from – 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.
Intellectual Property, European

Updated: 01 November 2021; Ref: scu.408669

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 Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. The Directive should have been implemented in 1986 but the Spanish authorities had failed to implement the Directive. The Spanish judge sought a ruling under Art.177[Art.234] EC as to whether the (non-implemented) Directive was directly effective.
Held: ECJ ruled (ruling is usually applied in the case of unimplemented directives in preference to Von Colson).

Upholding Marshall decision that a Directive cannot impose obligations on private parties (no HDE).

Re-affirmed the position in Van Colson and Harz ‘that national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive’ whilst ‘having regard to the usual methods of interpretation in its legal system, give precedence to the method which enables it to construe the national provision concerned in a manner consistent with the directive.’

Adding, that this obligation applied, whether the national provisions in question were adopted before or after the Directive was issued.

National courts are ‘required’ to interpret domestic law in such a way as to ensure that the objectives of the Directive were achieved.
Europa The Member States’ obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts. It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by it and thereby comply with the third paragraph of Article 189 of the Treaty,
A national court hearing a case which falls within the scope of Directive 68/151 on the coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community, is required to interpret its national law in the light of the purpose and the wording of that directive in order to preclude a declaration of nullity of a public limited company on a ground other than those listed in Article 11 of the directive. Those grounds must themselves be strictly interpreted, in the light of that purpose, so as to ensure that nullity on the ground that the objects of the company are unlawful or contrary to public policy must be understood as referring exclusively to the objects of the company as described in the instrument of incorporation or the articles of association.
‘in applying national law, whether the provisions in questions were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and purpose of the directive in order to achieve the result pursued by the latter . . ‘

(1992) 1 CMLR 305, C-106/89, [1990] ECR I-4135, [1990] EUECJ C-106/89, [1990] 1 ECR 3313
Bailii
EEC Treaty 5 189, Council Directive 68/151 A-11
European
Cited by:
Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited – Inter Lotto (Uk) Ltd v Camelot Group Plc CA 30-Jul-2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Cited – Jones, Regina (on the Application of) v Mansfield District Council and Another CA 16-Oct-2003
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the . .
Cited – Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Cited – British Airways Plc v Ryanair Limited ChD 25-Oct-2000
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood.
Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Cited – Webb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
Cited – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
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 – Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd CA 9-May-2006
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the . .
Cited – It’s A Wrap (UK) Ltd v Gula and Another CA 11-May-2006
The company was said to have paid dividends unlawfully, in that the directors who were the shareholders had paid themselves dividends knowing that the company had not earned enough to pay them.
Held: Where shareholders had knowledge of the . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others CA 14-Mar-2007
The defendant appealed against a finding of copyright infringement in a computer game.
Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a . .
Cited – Murphy v Media Protection Services Ltd Admn 21-Dec-2007
The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
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 – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Cited – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Cited – Houldsworth and Another v Bridge Trustees Ltd and Another SC 27-Jul-2011
The court was asked as to the dividing line, for regulatory purposes, between defined benefit (normally earnings-related) schemes and defined contribution (or money purchase) schemes. The Secretary of State asserted that some methods used to . .
Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
Rossetti_diamondQBD2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
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 . .
Cited – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Cited – Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue SC 23-May-2012
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European . .
Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
Cited – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Cited – Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority SC 13-Feb-2013
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under . .
Cited – EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Cited – NATS (Services) Ltd v Gatwick Airport Ltd and Another TCC 2-Oct-2014
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Cited – P v Commissioner of Police of The Metropolis SC 25-Oct-2017
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment . .
Cited – Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another SC 16-Oct-2020
Housing Orthodox Jewish Only not Discriminatory
Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish . .

Lists of cited by and citing cases may be incomplete.

Company, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.160251

RWE Vertrieb Ag v Verbraucherzentrale Nordrhein-Westfalen EV: ECJ 21 Mar 2013

ree_nwECJ2013

ECJ Directive 2003/55/EC – Internal market in natural gas – Directive 93/13/EEC – Articles 1(2) and 3 to 5 – Contracts between suppliers and consumers – General conditions – Unfair terms – Unilateral alteration by the supplier of the price of the service – Reference to mandatory legislation designed for another category of consumers – Applicability of Directive 93/13 – Obligation of use of plain and intelligible language and transparency

A. Tizzano, P
C-92/11, [2013] EUECJ C-92/11
Bailii
Directive 2003/55/EC, Directive 93/13/EEC

European, Consumer, Utilities

Updated: 01 November 2021; Ref: scu.471948

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and Others: CA 20 Dec 2013

Allegation of infringement of patent for airline seats. The claimant sought to challenge the grant of a European Patent.
Held: Virgin’s appeal was dismissed. England had surrendered jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent

Patten, Black, Kitchin LJJ
[2013] EWCA Civ 1713, [2013] WLR (D) 511, [2014] Bus LR 491, [2014] RPC 18
Bailii, WLRD
Patents Act 1977 77
England and Wales

Intellectual Property, European, Constitutional, Human Rights

Updated: 01 November 2021; Ref: scu.519325

Minh Khoa Vo: ECJ 10 Apr 2012

ECJ (French Text) Area of f?freedom, security and justice – Regulation (EC) No 810/2009 – Community Code on Visas – Articles 21 and 34 – National legislation – Introduction of illegal third country nationals in the territory of a Member State – fraudulently obtained visas – Criminal penalty the ferryman

JN Cunha Rodrigues R P
[2012] EUECJ C-83/12 – PPU, C-83/12
Bailii
e – Regulation (EC) No 810/2 21 34
European
Citing:
See Also – Minh Khoa Vo ECJ 26-Mar-2012
ECJ Urgent preliminary ruling procedure – Articles 21 and 34 of the Visa Code – Criminal liability of a smuggler helping illegal immigration of third country nationals who have visas fraudulently obtained but not . .

Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 01 November 2021; Ref: scu.452643

Wintersteiger v Products 4U Sondermaschinenbau GmbH: ECJ 19 Apr 2012

ECJ Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Determination of the place where the harmful event occurred or may occur – Website of a referencing service provider operating under a country-specific top-level domain of a Member State – Use, by an advertiser, of a keyword identical to a trade mark registered in another Me

Tizzano P
C-523/10, [2012] EUECJ C-523/10
Bailii
European
Citing:
At ECFI – Wintersteiger v Products 4U Sondermaschinenbau GmbH ECJ 16-Feb-2012
Judicial co-operation in civil matters – Jurisdiction – Regulation (EC) No 44/2001- Infringement of a trade mark as a result of the registration by a competitor of a sign identical to the trade mark with an internet search services provider – . .

Lists of cited by and citing cases may be incomplete.

European, Torts – Other, Intellectual Property

Updated: 01 November 2021; Ref: scu.457694

Ledra Advertising v Commission and ECB: ECJ 20 Sep 2016

European Stability Mechanism – Constitutional?

ECJ (Judgment) Appeals – Stability support programme for the Republic of Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) – Duties of the European Commission and the European Central Bank – Non-contractual liability of the European Union – Second paragraph of Article 340 TFEU – Conditions – Obligation to ensure that the Memorandum of Understanding is consistent with EU law

ECLI:EU:C:2016:701, [2016] EUECJ C-8/15
Bailii
European

European, Banking

Updated: 01 November 2021; Ref: scu.569513

Staubitz-Schreiber (Area of Freedom, Security and Justice): ECJ 17 Jan 2006

ECJ Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Temporal application – Court having jurisdiction

V. Skouris, P
Case-1/04, [2006] EUECJ C-1/04, [2006] BCC 639, [2006] ILPr 30, [2006] ECR I-701
Bailii
Council Regulation (EC) 1346/2000
Cited by:
Cited – Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa ChD 29-May-2012
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an . .

Lists of cited by and citing cases may be incomplete.

European, Insolvency

Leading Case

Updated: 01 November 2021; Ref: scu.565706

Jutta Leth v Republik Osterreich: ECJ 14 Mar 2013

ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Consent for such a project without an appropriate assessment – Objectives of that assessment – Conditions to which the existence of a right to compensation are subject – Whether protection of individuals against pecuniary damage is included

L Bay Larsen P
C-420/11, [2013] EUECJ C-420/11, [2013] WLR(D) 106, [2013] PTSR 805, ECLI:EU:C:2013:166
Bailii, WLRD
Directive 85/337/EEC
European

Environment

Updated: 01 November 2021; Ref: scu.471906

Mecsek-Gabona Kft v Nemzeti Ado- Es Vamhivatal Del-Dunantuli Regionalis Ado Foigazgatosaga: ECJ 6 Sep 2012

mecsek_nemetiECJ212

ECJ VAT – Directive 2006/112/EC – Article 138(1) – Conditions of exemption for intra-Community transactions characterised by the obligation on the purchaser to ensure, as from the time of their loading, the transport of the goods of which it disposes as owner – Obligation on the vendor to prove that the goods have physically left the territory of the Member State of supply – Removal from the register, with retroactive effect, of the customer’s VAT identification number)

JN Cunha Rodrigues
C-273/11, [2012] EUECJ C-273/11
Bailii

European, VAT

Updated: 01 November 2021; Ref: scu.464451

Vent De Colere And Others v Ministre de l’Ecologie, du Developpement durable, des Transports et du Logement and others: ECJ 19 Dec 2013

ECJ Request for a preliminary ruling – State aid – Concept of ‘intervention by the State or through State resources’ – Wind-generated electricity – Obligation to purchase at a price higher than the market price – Offsetting in full – Charges payable by final consumers of electricity

C-262/12, [2013] EUECJ C-262/12
Bailii
European

Utilities

Updated: 01 November 2021; Ref: scu.519495

Regina v Budimir and Another: CACD 29 Jun 2010

The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act.
Held: Leave was refused. The exact circumstances were unique, but ‘the House of Lords and the Court of Appeal had consistently held that, in analogous circumstances, where a conviction was based on the law as it was then understood to be, a subsequent change of the law or in the understanding of the law would not be a valid ground for leave to appeal out of time, unless substantial injustice had been done.’ There had been no injustice in these convictions.
‘failure to notify did not have the effect of rendering the national measure a nullity, void or non-existent. As to the consequences of non-notification in national law the most fundamental point was that no court had the power to strike down an Act of Parliament or to declare it a nullity. In any event what would otherwise appear to be a remarkable consequence was not required by EU law. As a matter of national law, therefore, these convictions were valid unless and until they were set aside.’

Lord Judge CJ, David Clarke, Lloyd Jones JJ
[2010] EWCA Crim 1486, [2010] WLR (D) 166, [2010] EWHC 1604 (Admin)
Bailii, WLRD
Council Directive 83/189/EEC of 28 March 1983, Video Recordings Act 1984, European Communities Act 1972, Video Recordings Act 2010
England and Wales
Citing:
See Also – Interfact Ltd v Liverpool City Council Admn 29-Jun-2010
The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was . .
Cited – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
Cited – CIA Security International v Signalson and Securitel ECJ 30-Apr-1996
1. Under the procedure provided for by Article 177 of the Treaty, it is for the national court to assess the scope of national provisions and the manner in which they are to be applied. Since the national court is best placed to assess, in view of . .
Cited – Criminal Proceedings Against Johannes Martinus Lemmens ECJ 16-Jun-1998
Evidence called by prosecutor of breathalyser machine was admissible even though the regulations for the type of machine used had not been notified for this purpose as required to the European Commission. The failure created no obstacle to trade. . .
Cited – Sapod Audic v Eco-Emballages SA ECJ 6-Jun-2002
Europa Directive 83/189/EEC – Procedure for the provision of information in the field of technical standards and regulations – Obligation to communicate draft technical regulations – Directives 75/442/EEC and . .
Cited – Schwibbert (Intellectual Property) ECJ 28-Jun-2007
Europa Directive 98/34/EC Procedure for the provision of information in the field of technical standards and regulations – Obligation to communicate draft technical regulations National law requiring the . .

Cited by:
Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010
Statement without lawyer access was inadmissible
The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Cited – Gordon v Scottish Criminal Cases Review Commission (Scotland) SC 22-Mar-2017
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had . .

Lists of cited by and citing cases may be incomplete.

Crime, European, Constitutional

Updated: 01 November 2021; Ref: scu.418442

Finanzamt Gummersbach v Bockemuhl: ECJ 1 Apr 2004

ECJ (Judgment) Reference for a preliminary ruling – Interpretation of Article 18(1) of the Sixth VAT Directive – Conditions for exercise of the right to deduct input VAT – Recipient of a service referred to in Article 9(2)(e) of the Sixth VAT Directive – Supply of staff by a taxable person established abroad – Recipient liable for VAT as the person to whom the supply was made – Requirement to hold an invoice – Content of the invoice

C-90/02, [2004] EUECJ C-90/02, [2006] BVC 95, [2004] CEC 303, [2004] 3 CMLR 5, [2004] ECR I-3303, [2006] BTC 5026, [2005] STC 934, [2004] STI 988
Bailii
European

VAT

Leading Case

Updated: 01 November 2021; Ref: scu.195726

Barclays Bank SA v Sara Sanchez Garcia: ECJ 30 Apr 2014

ECJ Judgment – Request for a preliminary ruling – Directive 93/13/EEC – Thirteenth recital in the preamble – Article 1(2) – Consumer contracts – Mortgage loan agreement – Mortgage enforcement proceedings – National statutory and regulatory provisions – Contractual balance

A. Borg Barthet, P
C-280/13, [2014] EUECJ C-280/13
Bailii
Directive 93/13/EEC
European

European, Consumer, Banking

Updated: 01 November 2021; Ref: scu.525423

Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 20 – Electronic cigarettes and refill containers – Validity – Principle of equal treatment – Principles of proportionality and legal certainty – Principle of subsidiarity – Charter of Fundamental Rights of the European Union – Articles 16 and 17

C-477/14, [2016] EUECJ C-477/14, ECLI:EU:C:2016:324, [2016] WLR(D) 231
Bailii, WLRD
Charter of Fundamental Rights of the European Union 16 17, Directive 2014/40/EU 20

European, Human Rights

Updated: 01 November 2021; Ref: scu.563115

Nationale-Nederlanden Levensverzekering Mij v Van Leeuwen: ECJ 29 Apr 2015

LevensverzekeringECJ201504

ECJ (Judgment) Reference for a preliminary ruling – Direct life assurance – Directive 92/96/EEC – Article 31(3) – Information to be provided to the policyholder – Obligation for the insurer to provide further information on costs and premiums under general unwritten rules of national law

[2015] EUECJ C-51/13
Bailii
Directive 92/96/EEC 31(3)

European, Insurance

Updated: 01 November 2021; Ref: scu.546202

Liga Para A Proteccao Da Natureza (Lpn) v European Commission: ECJ 5 Sep 2013

liga_naturezaECJ2013

ECJ Opinion – Appeal – Regulation (EC) No 1049/2001 – Access to documents of the institutions – Refusal to grant access to documents relating to a current infringement procedure concerning a dam project on the River Sabor (Portugal) – Article 4 – Exception relating to the protection of the purpose of inspections, investigations and audits – Obligation to carry out a specific and individual examination – Overriding public interest – Regulation (EC) No 1367/2006 – Article 6 – Environmental information

Wathelet AG
C-514/11, [2013] EUECJ C-514/11
Bailii
Regulation (EC) No 1049/2001 4, Regulation (EC) No 1367/2006 6

European, Information, Environment

Updated: 01 November 2021; Ref: scu.515167

C v M: ECJ 9 Oct 2014

ECJ (Judgment) Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Concept of ‘habitual residence’ of a child following the divorce of its parents – Lawful removal of the child to another Member State – Wrongful retention
The French F had applied to the Irish Court for the return of children who had been taken to Ireland by M. There was an initial decision of the French court permitting relocation to Ireland, which had been appealed promptly. M had moved notwithstanding the pending appeal, a stay having been refused to F, and subsequently the French decision had been reversed by the appeal court. The Irish court was minded to find that the child had become at some stage habitually resident in Ireland, but referred several questions to the CJEU.
Held: (1) The initial removal to Ireland had not been wrongful, because of the then extant first instance decision permitting the move, (2) that the subsequent retention there after the French appellate decision might justify an order for return but (3) this would depend on whether by then the child was habitually resident in Ireland.
If habitual residence had by then been established in Ireland, there could be no order for return: ‘Article 11(1) of the Regulation [Brussels II Revised] . . provides that paragraphs 2-8 of that article are to apply where the holder of rights of custody applies to the competent authorities of a member state to deliver a judgment on the basis of the 1980 Hague Convention in order to obtain the return of a child that has been wrongfully removed or retained ‘in a member state other than the member state where the child was habitually resident immediately before the wrongful removal or retention’. It follows that this is not the case if the child was not habitually resident in the member state of origin immediately before the removal or retention.’

Maciej Szpunar AG
C-376/14, [2014] EUECJ C-376/14, [2014] EUECJ C-376/14 – V, [2015] 1 FAM 116, [2015] 1 FCR 496, [2015] CEC 686, ECLI:EU:C:2014:2268, [2015] 1 FLR 1, [2014] WLR(D) 415, [2014] Fam Law 1674, [2015] All ER (EC) 426, [2015] 2 WLR 59, [2015] ILPr 25
Bailii, Bailii, WLRD
Council Regulation (EC) No 2201/2003
European
Cited by:
Cited – AR v RN (Scotland) SC 22-May-2015
The court was asked whether it should order the return to France of two little girls who have been living with their mother in Scotland since July 2013. The issue arose under article 3 of the 1980 Hague Convention on the Civil Aspects of . .
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 01 November 2021; Ref: scu.537472

Commission v Poland: ECJ 20 Nov 2014

comm_polandECJ201411

ECJ Judgment – Failure to fulfill obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Definition of inadequate or polluted waters may be – inadequate designation of vulnerable zones – Programmes of Action – incomplete measures

Mme K. Jurimae (Rapporteur), P
C-356/13, [2014] EUECJ C-356/13
Bailii
Directive 91/676/EEC

European, Environment

Updated: 01 November 2021; Ref: scu.538953

Heritable Bank Plc, Administrators of v The Winding-Up Board of Landsbanki Islands Hf: SC 27 Feb 2013

A claim by Heritable (H) in Landsbanki’s (L) insolvency had been rejected and then withdrawn before the Icelandic court, and L now appealed against rejection of its own assertion that that Icelandic decision was binding also within its own claim against H in H’s Scottish insolvency. L’s revolving credit facility claim had been rejected, applying the Scots law principle of the balancing of accounts within an insolvency under a set-off.
Held: L’s appeal was rejected. Whilst the decision of a court within another state withing the European Economic Area had effect throughout the area, that did not bind proceedings in respect of a different company within another member state. The 2004 Regulations applied only to a claim by a company within in EEA country made in another member state. That situation did not obtain in this case, and therefore had no effect on the rules as to the mandatory choice of Scots law in the administration of H in Scotland.

Lord Hope, Deputy President, Lord Walker, Lord Kerr, Lord Reed, Lord Carnwath
[2013] UKSC 13, [2013] 1 WLR 725, 2013 SLT 634, [2013] 1 BCLC 465, [2013] 2 All ER 355, [2013] WLR(D) 85, 2013 GWD 9-202, [2013] 1 All ER (Comm) 1257, UKSC 2011/0234
Bailii, WLRD, Bailii Summary, SC Summary, SC
Credit Institutions (Reorganisation and Winding Up) Regulations 2004 5(1)(a), Council Directive 2001/24/EC
England and Wales
Citing:
At Outer House – The Winding Up Board of Landsbanki Islands Hf v Mills and Others OHCS 20-Jul-2010
The claimants had made claims in the insolvency of Landsbanki in Iceland. There had been a ruling by Landsbanki’s winding-up board in those Icelandic winding-up proceedings that to the extent that it was final and binding in Iceland, it must also be . .
Appeal from – Heritable Bank Plc (Administrators of) v The Winding Up Board of Landsbanki Islands Hf SCS 28-Sep-2011
The appellant (H) had claimed in the responder’s (L) insolvency proceedings in Iceland. Their claim had been rejected by L’s winding-up board, and then withdrawn. L then claimed in H’s own insolvency in Scotland, saying that within the EEA, and . .
Mentioned – Ross v Ross SCS 1895
The pursuer was the widow of Sir Charles Ross who died in 1883 and was succeeded by his pupil son. From then until 1893, when her son attained majority, the pursuer had acted as his sole tutor and curator. She was entitled to an annuity of . .
Cited – Adams v National Bank of Greece HL 1961
Questions of interpretation and enforcement of contracts are resolved by reference to the proper law. Although debt under a contract whose proper law is the law of another jurisdiction may, for the purposes of Scots law, be discharged by insolvency . .
Cited – Integrated Building Services Engineering Consultants Ltd (T/A Operon) v PIHL UK Ltd SCS 1-Jul-2010
In Scots law it would be inequitable for a debtor of a bankrupt to be required to pay his debt in full, while he could only get a dividend for the debt due to him by the bankrupt, but there is no consensus as to whether this principle is a species . .

Lists of cited by and citing cases may be incomplete.

Scotland, Insolvency, European

Updated: 01 November 2021; Ref: scu.471223

Land Berlin v Sapir And Others: ECJ 28 Nov 2012

lb_sapirECJ2012

ECJ Regulation (EC) No 44/2001 – Article 1(1) – Article 6(1) – Notion of ‘civil and commercial matter’ – Amount unduly paid by a public authority – Claim for repayment of the amount paid in judicial proceedings – Jurisdiction based on a factual connection – Closely connected claims – Defendant domiciled in a third country.

AG Trstenjak
C-645/11, [2012] EUECJ C-645/11, [2013] EUECJ C-645/11
Bailii, Bailii

European, Jurisdiction

Updated: 01 November 2021; Ref: scu.466397

Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

russell_transocean

The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are to be calculated seperately and cannot be combined, and nor was there any qualitative assessment it being simply that the worker was not required to work during those times. The term ‘rest period’ simply meant any period which was not working time, and ‘any period’ meant every such period irrespective of where the worker was or what he was doing, so long as he was not working. Any period when the Appellants were on field break onshore would fall into that category. The company were therefore entitled to insist that the Appellants take their paid annual leave during periods other than their 26 working weeks when they were onshore on field break.

Lord Hope, Deputy President, Lord Brown, Lord Mance, Lord Kerr, Lord Wilson
UKSC 2010/0231, [2011] UKSC 57, 2012 SLT 239, 2012 SCLR 238, [2012] IRLR 149, [2012] ICR 185, [2012] 1 CMLR 53, [2012] 2 All ER 166
SC, SC Summary, Bailii, Bailii Summary
Working Time Regulations 1998
Scotland
Citing:
Appeal from – Tl Russell and Others v Transocean International Resources Ltd and Others SCS 19-Oct-2010
. .
At EAT – Transocean International Resources Ltd and others v Russell and others EAT 4-Oct-2006
EAT The claimants were offshore workers the vast majority of whom were employed to work on installations situated on or over the UK Continental Shelf (‘UKCS’). They presented applications to the Employment . .
Applied – Srl CILFIT v Ministero Della Sanita ECJ 6-Oct-1982
ECJ The obligation to refer to the Court of Justice questions concerning the interpretation of the EEC Treaty and of measures adopted by the community institutions which the third paragraph of article 177 of the . .
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 – Pereda v Madrid Movilidad SA ECJ 10-Sep-2009
ECJ (Free Movement Of Persons) Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Sick leave – Annual leave coinciding with sick leave – Entitlement to take annual leave at . .
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 – Stringer and Others v Her Majesty’s Revenue and Customs ECJ 24-Jan-2008
Europa Directive 2003/88/EC Organisation of working time Article 7 – Right to a minimum period of paid annual leave Entitlement to an allowance in lieu Fundamental social rights in Community law Grant of annual . .
Cited – Sumsion v BBC (Scotland) EAT 21-Mar-2007
EAT The claimant was employed to work as a standby carpenter by the respondents, for the production of ‘Sea of Souls’, for a period of some 24 weeks. His contract provided that his services would be required for . .
Cited – Inland Revenue v Ainsworth and others CA 22-Apr-2005
The court considered the calculation of hours under the Regulations when the employee was on extended sickness leave of absence.
Held: Once an employee had exhausted their sick pay entitlement, it was not open to them in addition then to claim . .
Cited – Merino Gomez v Continental Industrias del Caucho SA ECJ 18-Mar-2004
Where the dates of a worker’s maternity leave coincided with those of the general annual leave fixed, by a collective agreement, for the entire workforce, the requirements of the Working Times Directive relating to paid annual leave could not be . .

Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 01 November 2021; Ref: scu.449771

Gonzalez Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE: ECJ 1 Mar 2012

alonsovidaECJ2012

ECJ Consumer protection – Contracts negotiated away from business premises – Directive 85/577/EEC – Scope – Not included – Unit-linked insurance contracts

Safjan P
C-166/11, [2012] EUECJ C-166/11
Bailii
Directive 85/577/EEC

European, Consumer

Updated: 01 November 2021; Ref: scu.451788

Commission v United Kingdom: ECJ 10 Sep 1996

ECJ (Judgment) A Member State fails to comply with its obligations under Articles 2(1) and (2) and 3(2) of Directive 89/552 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities if, in order to determine the satellite broadcasters falling under its jurisdiction, it adopts criteria other than that of establishment, such as transmission or reception of programmes, which lead it to exercise control, prohibited by the Directive, over broadcasts falling under the jurisdiction of another Member State and, with regard to broadcasters which it considers to fall within its jurisdiction, it applies to non-domestic satellite services a regime which is less stringent than that to which domestic satellite services are subject.
The concept of jurisdiction of a Member State, used in the first indent of Article 2(1) of the Directive, must be understood as necessarily covering jurisdiction ratione personae over television broadcasters. This can be based only on those broadcasters’ connection to that State’ s legal system, which in substance overlaps with the concept of establishment as used in the first paragraph of Article 59 of the EC Treaty, the wording of which presupposes that the supplier and the recipient of a service are established in two different Member States. While a Member State may, under Article 3(1) of the Directive, lay down stricter rules in the areas covered by the Directive, the fact remains that, under Article 2(1), all broadcasts transmitted by broadcasters under the jurisdiction of that Member State or over which it is required to exercise jurisdiction pursuant to the second indent of Article 2(1) must comply with the law applicable to broadcasts intended for the public in that Member State.

C-222/94, [1996] EUECJ C-222/94
Bailii
Directive 89/552

European, Media

Leading Case

Updated: 01 November 2021; Ref: scu.161406

Lidl Stiftung v OHMI – A Colmeia Do Minho (Fairglobe): ECFI 8 Oct 2014

lidlECFI1410

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark FAIRGLOBE – Earlier national word marks GLOBO – Relative ground for refusal – No proof of genuine use of the earlier marks – Article 42(2) and (3) of Regulation (EC) No 207/2009 – Rule 22(3) and (4) of Regulation (EC) No 2868/95

G. Berardis (Rapporteur), P
T-300/12, [2014] EUECJ T-300/12, ECLI:EU:T:2014:864
Bailii
Regulation (EC) No 207/2009 42(2), Regulation (EC) No 2868/95 22(3)

European, Intellectual Property

Updated: 01 November 2021; Ref: scu.537454

Argenta Spaarbank Nv v Belgische Staat: ECJ 4 Jul 2013

argentasnv_belgECJ0713

ECJ Tax legislation – Corporation tax – Deduction for risk capital – Notional interest – Reduction of the amount deductible by companies with establishments abroad the income from which is exempt under double taxation conventions

C-350/11, [2013] EUECJ C-350/11
Bailii

European, Corporation Tax

Updated: 01 November 2021; Ref: scu.512168

Pebros Servizi Srl v Aston Martin Lagonda Ltd: ECJ 16 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 3(1)(b) – Conditions for certification – Judgment in default – Concept of ‘uncontested claim’- Procedural conduct of a party capable of constituting an ‘absence of contestation of the claim’

ECLI:EU:C:2016:448, [2016] WLR(D) 309, [2016] EUECJ C-511/14, [2016] 4 WLR 138
WLRD, Bailii
Regulation (EC) No 805/2004
European

Litigation Practice

Updated: 01 November 2021; Ref: scu.565627

Masco Corp v European Commission: ECFI 16 Sep 2013

masco_ecECJ2013

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 – Single infringement

Pelikanova P
T-378/10, [2013] EUECJ T-378/10
Bailii

European, Commercial

Updated: 01 November 2021; Ref: scu.515271

Citroen Belux Nv v Federatie Voor Verzekerings- En Financiele Tussenpersonen: ECJ 18 Jul 2013

ciroen_fvvECJ0713

ECJ Article 56 TFEU – Freedom to provide services – Directive 2005/29/EC – Unfair commercial practices – Consumer protection – Combined offers involving at least one financial service – Prohibition – Exceptions)

A. Tizzano, P
C-265/12, [2013] EUECJ C-265/12
Bailii
Directive 2005/29/EC

European, Consumer

Updated: 01 November 2021; Ref: scu.513402

Staatsanwaltschaft Baden-Baden v Apelt: ECJ 30 Jun 2011

ECJ Opinion – Directive 91/439/EEC – Mutual recognition of driving licenses – Withdrawal of national driving license and issuance of a driving license for categories B and D by another Member State – Refusal of recognition by the Member State residence – Need to have a valid driving license for category B at the time of issuance of the license for the Class D

Bot AG
C-224/10, [2011] EUECJ C-224/10
Bailii
Directive 91/439/EEC
European
Cited by:
Opinion – Staatsanwaltschaft Baden-Baden v Apelt ECJ 13-Oct-2011
ECJ Directive 91/439/EEC – Mutual recognition of driving licences – Withdrawal of the national driving licence issued by the Member State of residence and issue of a driving licence for vehicles in categories B . .

Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 01 November 2021; Ref: scu.441521

Azienda Sanitaria Locale Di Lecce v Ordine Degli Ingegneri Della Provincia Di Lecce: ECJ 19 Dec 2012

ECJ (Grand Chamber) Public contracts – Directive 2004/18/EC – Article 1(2)(a) and (d) – Services – Study and evaluation of the seismic vulnerability of hospital structures – Contract concluded between two public entities, one of which is a university – Public entity capable of being classified as an economic operator – Contract for pecuniary interest – Consideration not exceeding the costs incurred

V. Skouris, P
C-159/11, [2012] EUECJ C-159/11
Bailii
Directive 2004/18/EC
European

European, Administrative

Updated: 01 November 2021; Ref: scu.468761

Ambisig v Nersant: ECJ 26 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2004/18/EC – Public service contracts – Conduct of the procedure – Contract award criteria – Qualifications of the staff assigned to performance of the contract

T von Danwitz P
C-601/13, [2015] EUECJ C-601/13, [2015] WLR(D) 145, ECLI:EU:C:2015:204
Bailii, WLRD
Directive 2004/18/EC
European

Administrative

Updated: 01 November 2021; Ref: scu.545355

Youell and others v La Reunion Aerienne and others: CA 11 Mar 2009

The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France.
Held: the claim was outside the range of the arbitration agreement, and a stay, which would have been the appropriate remedy was not granted.

Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins
[2009] EWCA Civ 175
Bailii, Times
Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention
England and Wales
Citing:
Appeal from – Youell and others v La Reunion Aerienne and others ComC 22-Oct-2008
. .

Lists of cited by and citing cases may be incomplete.

Jurisdiction, European

Updated: 01 November 2021; Ref: scu.317958

Ryanair v PR Aviation BV: ECJ 15 Jan 2015

ryanair_prECJ201501

ECJ Judgment – Reference for a preliminary ruling – Directive 96/9/EC – Legal protection of databases – Database not protected by copyright or the sui generis right – Contractual limitation on the rights of users of the database

R. Silva de Lapuerta, P
C-30/14, [2015] EUECJ C-30/14, [2015] WLR(D) 9, ECLI:EU:C:2015:10
Bailii, WLRD
Directive 96/9/EC

European, Intellectual Property

Updated: 31 October 2021; Ref: scu.541500

In Re N (Children): SC 13 Apr 2016

The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their parents were Hungarian and the children were nationals of Hungary, not the United Kingdom.
Held: The appeal succeeded, and the order for transfer set aside. Not only did the judge take the wrong approach to the ‘best interests’ question, he also left out of account some crucial factors in deciding upon the ‘better placed’ question: ‘what is encompassed in the ‘best interests’ requirement? The distinction drawn in In re I remains valid. The court is deciding whether to request a transfer of the case. The question is whether the transfer is in the child’s best interests. This is a different question from what eventual outcome to the case will be in the child’s best interests. The focus of the inquiry is different, but it is wrong to call it ‘attenuated’. The factors relevant to deciding the question will vary according to the circumstances. It is impossible to be definitive. But there is no reason at all to exclude the impact upon the child’s welfare, in the short or the longer term, of the transfer itself. What will be its immediate consequences? What impact will it have on the choices available to the court deciding upon the eventual outcome? This is not the same as deciding what outcome will be in the child’s best interests. It is deciding whether it is in the child’s best interests for the court currently seised of the case to retain it or whether it is in the child’s best interests for the case to be transferred to the requested court.’
The court considered the differences between articles 12 and 15: ‘the requirement in article 12.3 is quite different from the requirement in article 15.1. In article 12.3 (as also in article 12.1) it is the court which is deciding whether to accept jurisdiction, which it would not otherwise have, that has to decide whether to do so is in the best interests of the child. This is roughly equivalent to the requirement in article 15.5 that the court which is requested to take the case (here the Hungarian court) must consider that it is the best interests of the child to accept jurisdiction. Article 15.1 is directed towards the court which already has jurisdiction in an existing case. It imposes an additional requirement that the transferring court considers this to be in the best interests of the child. Obviously, the considerations applicable when deciding whether to relinquish jurisdiction may be somewhat different from the considerations applicable when deciding whether to accept it.’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Wilson, Lord Carnwath
[2016] UKSC 15, [2016] WLR(D) 190, [2016] Fam Law 681, [2017] AC 167, [2016] 1 FLR 1082, [2016] 3 FCR 394, [2016] 2 WLR 1103, UKSC 2016/0013
Bailii, WLRD, Bailii Summary, SC, SC Summary
England and Wales
Citing:
At FC – J and E (Children: Brussels II Revised: Article 15) FC 11-Nov-2014
The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under . .
Cited – In re J (A Child: Brussels II revised: Article 15: Practice and Procedure) FC 29-Oct-2014
Application to transfer children proceedings to anoher member state (Hungary)
Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there. . .
At CA – Re N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
Cited – In Re I (A Child) SC 1-Dec-2009
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. . .
Cited – In Re T (A Child: Article 15 of B2R) ((Care Proceedings: Request to Assume Jurisdiction) FD 13-Mar-2013
A pregnant 17 year old Slovakian girl ran away from a children’s home in Slovakia and gave birth to the baby in the UK.
Held: Although the court decided to transfer the case to Slovakia under article 15, Mostyn J said: ‘It is not disputed that . .
Cited – Somafer Sa v Saar-Ferngas Ag ECJ 22-Nov-1978
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the . .
Cited – Criminal proceedings against Lindqvist ECJ 6-Nov-2003
Mrs Lindqvist had set up an internet site for her local parish containing information about some of her colleagues in the parish. She gave names, jobs, hobbies and in one case some of the person’s employment and medical details. The Court decided . .
Cited – Re CB (A Child) CA 6-Aug-2015
P was the child of now separated women. P was born in the UK but taken by one parent to Pakistan. The other parent now appealed from refusal of her request for the court to exercise its inherent jurisdiction or wardship to support her application . .
Cited – Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners ECJ 26-Jun-2007
Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial.
Held: The complaint failed. Insofar as . .

Cited by:
See Also – Child and Family Agency v D (RPD Intervening) ECJ 27-Oct-2016
ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – . .

Lists of cited by and citing cases may be incomplete.

Children, Jurisdiction, European

Leading Case

Updated: 31 October 2021; Ref: scu.562188

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Right to be forgotten by Search Engine

ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State – Scope of application ratione materiae – Concept of processing of personal data – Concept of a controller of processing of personal data – Right to erasure and blocking of data – ‘Right to be forgotten’ – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 16

Jaaskinen AG
C-131/12, [2013] EUECJ C-131/12, [2014] WLR(D) 202
Bailii, WLRD
Data Protection Directive 95/46 2(b) , Charter of Fundamental Rights of the European Union 7 8 11 16
European
Cited by:
Opinion – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Cited – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .

Lists of cited by and citing cases may be incomplete.

European, Media, Information, Human Rights

Leading Case

Updated: 31 October 2021; Ref: scu.511326

Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal.
Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. Section 94(1) could not apply to all employment anywhere in the world.
Lady Hale said: ‘these cases do form another example of an exceptional case where the employment has such an overwhelmingly closer connection with Britain and with British employment law than with any other system of law that it is right to conclude that Parliament must have intended that the employees should enjoy protection from unfair dismissal. This depends upon a combination of factors. First, as a sine qua non, their employer was based in Britain; and not just based here but the Government of the United Kingdom. This is the closest connection with Great Britain that any employer can have, for it cannot be based anywhere else. Second, they were employed under contracts governed by English law; the terms and conditions were either entirely those of English law or a combination of those of English law and the international institutions for which they worked. Although this factor is not mentioned in Lawson v Serco, it must be relevant to the expectation of each party as to the protection which the employees would enjoy. The law of unfair dismissal does not form part of the contractual terms and conditions of employment, but it was devised by Parliament in order to fill a well-known gap in the protection offered by the common law to those whose contracts of employment were ended. Third, they were employed in international enclaves, having no particular connection with the countries in which they happened to be situated and governed by international agreements between the participating states.’

Lord Rodger, Lady Hale, Lord Mance, Lord Collins, Lord Clarke
[2011] UKSC 36, UKSC 2010/0025, [2011] ICR 1312, [2011] 4 All ER 1020, [2011] IRLR 840
Bailii, Bailii Summary, SC, SC Summary
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034), Council Directive 1999/70/EC, Employment Rights Act 1996 94(1)
England and Wales
Citing:
At EAT – Duncombe and others v Department for Education and Skills EAT 24-Apr-2008
Duncombe_desEAT2008
EAT Jurisdictional Points – Working outside the jurisdiction
Fixed Term Regulations
Extra-territorial jurisdiction. Teachers working abroad. Breach of contract claim within ET jurisdiction. Whether . .
Appeal From – Duncombe and Others v Secretary of State for Children, Schools and Families CA 14-Dec-2009
The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 . .
Cited – Duncombe and Others v Secretary of State for Children, Schools and Families SC 29-Mar-2011
The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years.
Held: . .
SC Part 1 – Duncombe and Others v Secretary of State for Children, Schools and Families SC 29-Mar-2011
The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years.
Held: . .
Cited – Bryant v The Foreign and Commnonwealth Office EAT 10-Mar-2003
Section 94(1) of the 1996 Act did not apply to protect a British national locally engaged to work in the British Embassy in Rome. . .
Cited – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Cited – Ministry of Defence v Wallis and Grocott CA 8-Mar-2011
Mrs Wallis was employed by the Ministry of Defence at the international school attached to SHAPE in Belgium. Mrs Grocott was employed by the Ministry in the British section of the Armed Forces North International School in the Netherlands. Both . .

Cited by:
Cited – Ravat v Halliburton Manufacturing and Services Ltd SC 8-Feb-2012
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal.
Cited – Clyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .
Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .

Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 31 October 2021; Ref: scu.441866

Criminal Proceedings Against Kolpinghuis Nijmegen Bv: ECJ 8 Oct 1987

Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the state where that state fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly.
However, according to article 189 of the EEC Treaty the binding nature of a directive, which constitutes the basis for the possibility of relying on the directive before a national court, exists only in relation to ‘each member state to which it is addressed.’
It follows that a directive may not of itself impose obligations on an individual and that a provision of a directive may not be relied upon as such against such a person before a national court.
In applying national law and in particular the provisions of a national law specifically introduced in order to implement the directive, national courts are required to interpret their national law in the light of the wording and the purposes of the directive in order to achieve the result referred to in the third paragraph of article 189 of the treaty.
However, that obligation is limited by the general principles of law which form part of community law and in particular the principles of legal certainty and non-retroactivity. Therefore a directive cannot, of itself and independently of a national law adoped by a member state for its implementation, have the effect of determining or aggravating the liability in criminal law of persons who act in contravention of the provisions of that directive.

Due P
[1989] 1 CEC 118, [1989] 2 CMLR 18, C-80/86, R-80/86, [1987] EUECJ R-80/86, [1987] ECR 3969
Bailii
European
Cited by:
Cited – It’s A Wrap (UK) Ltd v Gula and Another CA 11-May-2006
The company was said to have paid dividends unlawfully, in that the directors who were the shareholders had paid themselves dividends knowing that the company had not earned enough to pay them.
Held: Where shareholders had knowledge of the . .
Cited – British Airways Plc v Williams and Others SC 17-Oct-2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their . .

Lists of cited by and citing cases may be incomplete.

European

Leading Case

Updated: 31 October 2021; Ref: scu.215526

McCarthy and Others v Secretary of State for the Home Department: ECJ 18 Dec 2014

ECJ Judgment – Grand Chamber – Citizenship of the European Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State – Right of entry – Third-country national who is a family member of a Union citizen and in possession of a residence card issued by a Member State – National legislation requiring an entry permit to be obtained prior to entry into national territory – Article 35 of Directive 2004/38/EC – Article 1 of the Protocol (No 20) on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland

V. Skouris, P
C-202/13, [2014] EUECJ C-202/13, ECLI:EU:C:2014:2450, [2014] WLR(D) 555
Bailii, WLRD
Directive 2004/38/EC 35
European

Immigration

Updated: 31 October 2021; Ref: scu.540331

Oliver Jestel v Hauptzollamt Aachen: ECJ 17 Nov 2011

ojestel_HAECJ22012

ECJ Community Customs Code – Second indent of Article 202(3) – Customs debt incurred through unlawful introduction of goods – Meaning of ‘debtor’ – Participation in unlawful introduction – Person acting as intermediary in conclusion of contracts of sale relating to goods introduced unlawfully

J.N. Cunha Rodrigues P
[2011] EUECJ C-454/10, C-454/10
Bailii
Regulation (EEC) No 2913/92
Citing:
Opinion – Oliver Jestel v Hauptzollamt Aachen ECJ 14-Jul-2011
ECJ (Opinion) Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Birth of the customs debt – unlawful introduction of goods into the customs territory of the Union – Article 202 – Definition . .

Lists of cited by and citing cases may be incomplete.

European, Customs and Excise

Updated: 31 October 2021; Ref: scu.470471

Etat Belge v Gimle Sa: ECJ 3 Oct 2013

belge_gimleECJ102013

Fourth Directive 78/660/EEC – Article 2(3) – Principle that a true and fair view must be given – Article 2(5) – Obligation to depart from that principle – Article 32 – Valuation method based on historical cost – Purchase price manifestly lower than the real value

A. Rosas, P
C-322/12, [2013] EUECJ C-322/12
Bailii
Fourth Directive 78/660/EEC 2(3)

European, Company

Updated: 31 October 2021; Ref: scu.516344

Interflora, Inc and Another v Marks and Spencer Plc and Another: ChD 22 May 2009

Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced references also to the defendants’ web-sites. The bids for these words increased the claimant’s own costs of advertising their own trade mark through Google very substantially. The claimant alleged infringement by the defendants. Several cases raising related issues were awaiting deivery of judgments by the ECJ. The defendant requested a stay, and the claimant a reference to the ECJ.
Held: There would be a reference, but no interim injunction would be granted against the defendants. It was better to make a reference now. The factual issues were not substantial, and though some costs might be wasted if the decisions of the ECJ in the existing anticipated answered the questions fully, there was a likelihood that particular quaestion in this case would still need to be answered.

Arnold J
[2009] EWHC 1095 (Ch), [2009] ETMR 54, [2009] RPC 22
Bailii
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks 5, European Parliament and Council Directive 2008/95/EC of 22 October 2008
England and Wales
Citing:
Cited – 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 . .
Cited – O2 Holdings Ltd and Another v Hutchison 3G UK Ltd ChD 11-Mar-2005
The idea of the ‘average consumer’, the arbiter of similarity in trade mark disputes, is a legal construct which tends to emphasise that similarity is an autonomous concept of European law. Similarity and likelihood of confusion are intimately bound . .
Cited – O2 Holdings Ltd and Another v Hutchison 3G Ltd CA 5-Dec-2006
The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor . .
Cited – Celine SARL v Celine SA (Approximation Of Laws) ECJ 18-Jan-2007
Celine SA, set up before 1945, traded in Paris creating and marketing clothes and accessories, and had a French registered trade mark Celine for clothes and shoes. Celine Sarl was set up in 1992 as successor to a business selling clothing and . .
Cited – Adam Opel AG v Autec AG, intervener: Deutscher Verband der Spielwaren-Industrie eV (Approximation Of Laws) ECJ 25-Jan-2007
Europa Reference for a preliminary ruling Trade Marks Article 5(1)(a) and (2), and Article 6(1)(b) of the First Directive 89/104/EEC Right of a trade mark proprietor to prevent use by a third party of a sign . .
Cited – O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited ECJ 31-Jan-2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability . .
Cited – Johns v Solent SD Ltd CA 12-Jun-2008
The court considered whether it was proper to issue a stay of proceedings to await a judgement in the EJ on a related issue. . .
Cited – Johns v Solent SD Ltd CA 12-Jun-2008
The court considered whether it was proper to issue a stay of proceedings to await a judgement in the EJ on a related issue. . .
Cited – Boehringer Ingelheim Kg and Another v Swingward Ltd CA 21-Feb-2008
The court considered the issue of a stay of proceedings to await a decision of the ECJ for guidance. . .

Cited by:
Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
See Also – Interflora Inc and Another v Marks and Spencer Plc and Another ChD 29-Apr-2010
Response to request for clarification of reference to the ECJ. . .
Reference – Interflora And Others v Marks and Spencer plc, Flowers Direct Online Limited ECJ 24-Mar-2011
ECJ (Opinion) Trade marks – Keyword advertising corresponding to the trade mark of a competitor of the advertiser – Trade marks with a reputation – Blurring – Tarnishment – Free-riding – Directive 89/104 – . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 31 October 2021; Ref: scu.346315

Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible for membership of an occupational pension scheme.
The court was asked whether a college lecturer who was ostensibly self-employed could nevertheless be a ‘worker’ for the purpose of an equal pay claim.
Held: ‘According to Article 2 EC, the Community is to have as its task to promote, among other things, equality between men and women. Article 141(1) EC constitutes a specific expression of the principle of equality for men and women, which forms part of the fundamental principles protected by the Community legal order (see, to that effect, joined cases C-270/97 and C-271/97 Deutsche Post [2000] ECR I- 929, paragraph 57). As the Court held in Defrenne (No.2), cited above (paragraph 12), the principle of equal pay forms part of the foundations of the Community.
Accordingly, the term worker used in Article 141(1) EC cannot be defined by reference to the legislation of the Member States but has a Community meaning. Moreover, it cannot be interpreted restrictively.
For the purposes of that provision, there must be considered as a worker a person who, for a certain period of time, performs services for and under the direction of another person in return for which he receives remuneration (see, in relation to free movement of workers, in particular case 66/85 Lawrie-Blum [1986] ECR 2121, paragraph 17, and Martinez Sala, paragraph 32).
Pursuant to the first paragraph of Article 141(2) EC, for the purpose of that article, pay means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer. It is clear from that decision that the authors of the Treaty did not intend that the term worker, within the meaning of Article 141(1) EC, should include independent providers of services who are not in a relationship of subordination with the person who receives the services (see also, in the context of free movement of workers, case C- 337/97 Meeusen [1999] ECR I-3289, paragraph 15).
The question whether such a relationship exists must be answered in each particular case having regard to all the factors and circumstances by which the relationship between the parties is characterised.
Provided that a person is a worker within the meaning of Article 141(1) EC, the nature of his legal relationship with the other party to the employment relationship is of no consequence in regard to the application of that article (see, in the context of free movement of workers, case 344/87 Bettray [1989] ECR 1621, paragraph 16, and case C-357/89 Raulin [1992] ECR I-1027, paragraph 10).
The formal classification of a self-employed person under national law does not exclude the possibility that a person must be classified as a worker within the meaning of Article 141(1) EC if his independence is merely notional, thereby disguising an employment relationship within the meaning of that article.
In the case of teachers who are, vis-a-vis an intermediary undertaking, under an obligation to undertake an assignment at a college, it is necessary in particular to consider the extent of any limitation on their freedom to choose their timetable, and the place and content of their work. The fact that no obligation is imposed on them to accept an assignment is of no consequence in that context (see to that effect, in relation to free movement of workers, Raulin, paragraphs 9 and 10).’

V Skouris, P
C-256/01, [2004] EUECJ C-256/01, [2004] ECR I-00873, [2004] ICR 1328
Bailii
Equal Treatment Directive (Council Directive 76/207/EEC
European
Citing:
Reference from – Allonby v Accrington and Rossendale College and others CA 23-Mar-2001
The college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the . .
Applied – Deborah Lawrie-Blum v Land Baden-Wuerttemberg ECJ 3-Jul-1986
The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and . .
At EAT – Allonby v Accrington and Rossendale College EAT 29-Mar-2000
EAT Sex Discrimination – Indirect – European Material – Article 19.
EAT European Material – Article 19
EAT Equal Pay Act – (no . .

Cited by:
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Cited – Clyde and Co Llp v Van Winkelhof EAT 26-Apr-2012
EAT JURISDICTIONAL POINTS
Worker, employee or neither
Working outside the jurisdiction
Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. . .
Cited – Clyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
Cited – Clyde and Co LLP and Another v van Winkelhof SC 21-May-2014
Solicitor Firm Member was a Protected Worker
The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found . .
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors were as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Cited – Pimlico Plumbers Ltd and Another v Smith SC 13-Jun-2018
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary.
Held: The company’s . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, European

Leading Case

Updated: 31 October 2021; Ref: scu.192232

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990

ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions of Community law.
Any provision of a national legal system and any legislative, administrative or judicial practice which might impair the effectiveness of Community law by withholding from the national court having jurisdiction to apply such law the power to do everything necessary at the moment of its application to set aside national legislative provisions which might prevent, even temporarily, Community rules from having full force and effect are incompatible with the requirements inherent in the very nature of Community law.
The full effectiveness of Community law would be just as much impaired if a rule of national law could prevent a court seised of a dispute governed by Community law from granting interim relief in order to ensure the full effectiveness of the judgment to be given on the existence of the rights claimed under Community law. It follows that a court which in those circumstances would grant interim relief, if it were not for a rule of national law, is obliged to set aside that rule.
That interpretation is reinforced by the system established by Article 177 of the EEC Treaty whose effectiveness would be impaired if a national court, having stayed proceedings pending the reply by the Court of Justice to the question referred to it for a preliminary ruling, were not able to grant interim relief until it delivered its judgment following the reply given by the Court of Justice .

Due P
[1990] 2 Lloyds Rep 351, [1990] 3 CMLR 1, C-213/89, [1990] EUECJ C-213/89
Bailii
European
Citing:
Referred back to – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Referral from – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .

Cited by:
Referred back from – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .

Lists of cited by and citing cases may be incomplete.

European, Constitutional

Leading Case

Updated: 31 October 2021; Ref: scu.160299

Yusef v Commission: ECFI 21 Mar 2014

ECJ Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion on a list drawn up by a United Nations body – Sanctions Committee – Subsequent inclusion in Annex I to Regulation No 881/2002 – Commission’s refusal to de-list – Action for failure to act – Fundamental rights – Right to be heard, right to effective judicial review and right to property

N.J. Forwood P
T-306/10, [2014] EUECJ T-306/10
Bailii
Regulation (EC) No 881/2002
European

European

Updated: 31 October 2021; Ref: scu.523336

YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal analysis contained in an administrative document preparatory to the decision – Charter of Fundamental Rights of the European Union – Articles 8 and 41
By reference to the forty-first Recital to the Directive the court emphaisised that ‘the protection of the fundamental right to respect for private life means . . that that person may be certain that the personal data concerning him are correct and that they are processed in a lawful manner’.

M Ilesic Rap, P
[2014] EUECJ C-141/12, [2014] WLR(D) 324, [2015] 1 WLR 609, ECLI:EU:C:2014:2081, C-141/12, C-372/12
Bailii, WLRD
Directive 95/46/EC 2 12 13, Charter of Fundamental Rights of the European Union 8 41
European
Citing:
Opinion – YS v Minister voor Immigratie, Integratie en Asiel ECJ 12-Dec-2013
ECJ Opinion – Personal data and processing – Legal analysis . .

Cited by:
Cited – Kololo v Commissioner of Police for The Metropolis QBD 9-Mar-2015
The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in . .

Lists of cited by and citing cases may be incomplete.

European, Immigration, Human Rights

Updated: 31 October 2021; Ref: scu.544325

Wikingerhof GmbH and Co KG v Booking.com BV: ECJ 24 Nov 2020

European Competition Law – Jurisdiction Choice

(Grand Chamber) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction – Article 7, points 1 and 2 – Special jurisdiction in matters relating to tort, delict or quasi-delict – Action seeking an injunction against commercial practices considered to be contrary to competition law – Allegation of abuse of a dominant position occurring in commercial practices covered by contractual provisions – Online accommodation booking platform booking.com – Whether hotelier able to bring action in Germany as place where harmful event occurring

President K Lenaerts,Vice-President R Silva de Lapuerta
[2021] Bus LR 97, [2020] WLR(D) 647, ECLI:EU:C:2020:950, [2020] EUECJ C-59/19
WLRD, Bailii
Parliament and Council Regulation (EU) No 1215/2012 7(2)
European

European, Commercial

Updated: 31 October 2021; Ref: scu.659343

Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc: SC 9 Apr 2014

The Court was asked whether claims against MAM for losses suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) were time-barred, and also as to substantive questions about the nature of the decisions of the European Commission (or European Court of Justice) which bind domestic courts as to the existence of such a cartel. Having themselves disclosed the cartel, they had not been fined, and nor had they been involved in the rejected appeals against the fines. It was now asked whether they could ake advantage of the limitation period generated by that decision. The Court of Appeal had decided that the claim could proceed.
Held: The appeal was allowed. Section 47A of the 1998 Act was to be taken to refer to the Commission Decision, and not to the later decision of the Court.
A Commission Decision regarding the existence of a cartel constitutes a series of decisions addressed to its individual addressees, which remain binding or not according to the lodging and outcome of any individual appeals. A successful appeal by one addressee, establishing that there was no cartel, has no effect on the validity and effects of the Decision determining that there was such a cartel and levying a fine as against another addressee who has not appealed, and even if the appeals against infringement by alleged cartel members other than the appellant had succeeded, that would in European law have made no difference to the findings as to the existence and scope of the ‘complex of agreements and concerted practices’ in the relevant sector to which the Commission Decision found the appellant to have been party.

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Toulson, Lord Hodge
[2014] UKSC 24, UKSC 2012/0209, [2014] UKCLR 667, [2014] Bus LR 377, [2014] 4 CMLR 33, [2014] WLR(D) 161, [2014] 2 All ER 785
Bailii, Bailii Summary, SC Summary, SC, WLRD
Competition Act 1998 47A
England and Wales
Citing:
Cited – Masterfoods Ltd v HB Ice Cream Ltd ECJ 14-Dec-2000
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice . .
Cited – Europese Gemeenschap v Otis Nv ECJ 6-Nov-2012
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of . .
Cited – BCL Old Co Ltd and Others v BASF Plc and Others SC 24-Oct-2012
The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of . .
Appeal from – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CA 31-Jul-2012
The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the . .
At CAT – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CAT 25-May-2011
. .
Cited – Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Cited – Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others ECJ 14-Sep-1999
Wood Pulp II
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
Cited – A Ahlstrom Osakeyhtio and others v Commission ECJ 31-Mar-1993
ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves . .
Cited – Enron Coal Services Ltd (In Liquidation) v English Welsh and Scottish Railway Ltd (No 2) CA 19-Jan-2011
Section 47A of the 1997 Act has the effect that ‘the defendant cannot deny that it has committed whatever infringement the regulator has found’ and that ‘the decision that there was an infringement, and a particular infringement, is conclusive’: . .
Cited – Galp Energia Espana SA v European Commission ECJ 16-Sep-2013
Some of the addressees of a Commission Decision had appealed, but they sought annulment of the Decision as against all its addressees.
Held: ‘Principally, the applicants submit claims seeking annulment of the contested decision in its entirety . .

Lists of cited by and citing cases may be incomplete.

European, Commercial, Limitation

Leading Case

Updated: 31 October 2021; Ref: scu.523627

Combit Software GmbH v Commit Business Solutions Ltd: ECJ 22 Sep 2016

Trade Mark – Local Confusions

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 207/2009 – European Union trade mark – Unitary character – Finding of a likelihood of confusion in respect of only part of the European Union – Territorial scope of the prohibition referred to in Article 102 of that regulation

ECLI:EU:C:2016:719, [2016] EUECJ C-223/15, [2016] WLR(D) 495
Bailii, WLRD
Regulation (EC) No 207/2009
European

European, Intellectual Property

Updated: 31 October 2021; Ref: scu.569497

Banco Bilbao Vizcaya Argentaria v Administracion General del Estado: ECJ 8 Dec 2011

banco_bilbaoECJ2011

ECJ Free movement of capital – Corporation tax – Convention for the avoidance of double taxation – Prohibition of deducting tax due but not recovered in another Member State

Tizzano P
C-157/10, [2011] EUECJ C-157/10
Bailii

European, Corporation Tax

Updated: 31 October 2021; Ref: scu.449971

Geodis Calberson Ge v Etablissement National Des Produits De L’Agriculture Et De La Mer: ECJ 17 Jan 2013

ECJ Agriculture – Food aid – Regulation (EC) No 111/1999 – Programme to supply agricultural products to the Russian Federation – Successful tenderer for a contract for the transport of beef – Conferring of jurisdiction – Arbitration clause

A. Tizzano, P
C-623/11, [2013] EUECJ C-623/11
Bailii
Regulation (EC) No 111/1999
European

Agriculture

Updated: 31 October 2021; Ref: scu.470201

Radlinger and Radlingerova v Finway AS: ECJ 21 Apr 2016

Remedy for breach of consumer credit agreement

ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Article 7 – National rules governing insolvency proceedings – Debts arising from a consumer credit agreement – Effective judicial remedy – Point 1(e) of the annex – Disproportionate amount of compensation – Directive 2008/48/EC – Article 3(l) – Total amount of credit – Point I of Annex I – Amount of drawdown – Calculation of the annual percentage rate – Article 10(2) – Obligation to provide information – Ex officio examination – Penalty

M Ilesic P
C-377/14, [2016] EUECJ C-377/14, [2016] WLR(D) 203, ECLI:EU:C:2016:283, [2016] Bus LR 886
Bailii, WLRD
Directive 93/13/EEC 7, Directive 2008/48/EC
England and Wales

European, Insolvency

Leading Case

Updated: 31 October 2021; Ref: scu.562824

Electricite De France Sa (EDF) v European Commission: ECJ 7 Mar 2013

edf_ecECJ2013

ECJ Appeal – Application for interim measures – Concentrations – European electricity market – Acquisition of control of Segebel SA by EDF – Decision declaring the concentration compatible with the common market, subject to compliance with the commitments given by EDF – Refusal by the Commission to grant EDF postponement of the deadline for compliance with some of those commitments – Concepts of urgency and of serious and irreparable harm

C-551/12, [2013] EUECJ C-551/12
Bailii

European, Utilities

Updated: 31 October 2021; Ref: scu.471902

L v M, Interveners R, K: ECJ 12 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 12(3) – Child whose parents are not married – Prorogation of jurisdiction – No other related proceedings pending – Acceptance of jurisdiction – Challenge to the jurisdiction of a court by a party who has made an application to that court

M Ilesic P
C-656/13, [2014] EUECJ C-656/13, ECLI:EU:C:2014:2364, [2014] WLR(D) 480, [2015] 1 FAM 173, [2015] CEC 498, [2015] ILPr 9, [2015] 2 FLR 169, [2015] Fam Law 31, [2015] 2 WLR 801, [2015] 1 FCR 149, [2015] All ER (EC) 188
Bailii, WLRD
Regulation (EC) No 2201/2003 1293)
European

Children

Updated: 31 October 2021; Ref: scu.538762

Schulz v Technische Werke Schussental GmbH und Co KG: ECJ 8 May 2014

ECJ Opinion – Directive 2003/54/EC – Internal market in electricity – Directive 2003/55/EC – Internal market in natural gas – Contracts between suppliers and customers based on national legislation – Universal service obligation – General conditions – Unilateral adjustment by the supplier of the price of the service – Appropriate level of consumer protection – Final customers – Transparency requirement in relation to contractual terms and conditions – Interrelationship with Directive 93/13/EEC – Unfair terms in consumer contracts – Limitation of the temporal effects of a judgment

Wahl AG
C-359/11, [2014] EUECJ C-359/11
Bailii
Directive 2003/54/EC, Directive 2003/55/EC, Directive 93/13/EEC
European

Utilities, Consumer

Updated: 31 October 2021; Ref: scu.525449

Romonta v Commission: ECFI 26 Sep 2014

romontaECFI1409

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Professional Freedom and Enterprise – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-614/13, [2014] EUECJ T-614/13
Bailii
Directive 2003/87/EC

European, Environment

Updated: 31 October 2021; Ref: scu.537067

Mosley v Google Inc and Another: QBD 15 Jan 2015

The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated as a data controller but objected on the grounds that the E-Commerce directive conflicted with the Data Protection rules requiring it to have the freedom to deliver its services.
Held: The defendant’s application that the claim be struck out failed. It could not be said that it had no prospect of success.

Mitting J
[2015] EWHC 59 (QB), [2015] EMLR 11
Bailii
Data Protection Act 1998 10 13 14, Directive 2000/31/EC
England and Wales
Citing:
Cited – L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited ECJ 12-Jul-2011
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – . .
Cited – Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM) ECJ 24-Nov-2011
ECJ Judgment – Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing . .
Cited – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .

Cited by:
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .

Lists of cited by and citing cases may be incomplete.

Information, European, News

Updated: 31 October 2021; Ref: scu.542202

The Felixstowe Dock and Railway Company Ltd and Others v Revenue and Customs: FTTTx 19 Dec 2011

Corporation tax – joint referral – FA 1998, Sch 18, para 31A – group relief – consortium – surrendering company indirectly partly owned by Luxembourg company – condition that ‘link company’ must be UK resident or carry on a trade in the UK through a permanent establishment – s 402(3), (3A) and (3B) ICTA 1988 – whether requirement an infringement of EU law that can be relied upon by claimant companies – questions referred to CJEU – whether that requirement cannot be applied against claimant companies by virtue of the non-discrimination article of the UK-Luxembourg double tax convention – whether group relief precluded by s 410 ICTA

Roger Berner, Sir Stephen Oliver QC TJJ
[2011] UKFTT 838 (TC), 14 ITL Rep 394, [2012] STI 285, [2012] SFTD 366
Bailii
Finance Act 1998, Income and Corporation Taxes Act 1988 402(3)
England and Wales
Cited by:
Reference – Felixstowe Dock and Railway Company Ltd v The Commissioners For Her Majesty’s Revenue And Customs ECJ 24-Oct-2013
ECJ Opinion – Interpretation of Articles 43 EC and 48 EC – Freedom of establishment – Tax legislation – Corporation tax – Tax relief – Consortium claim for group relief (consortium relief) – National legislation . .
Reference – Felixstowe Dock And Railway Company Ltd v The Commissioners For Her Majesty’s Revenue And Customs ECJ 1-Apr-2014
Judgment – Reference for a preliminary ruling – Freedom of establishment – Corporation tax – Tax relief – Groups of companies and consortia – National legislation permitting losses to be transferred between a company belonging to a consortium and a . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 31 October 2021; Ref: scu.450901

Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House considered how the guidelines for the exercise of the court’s jurisdiction to grant interim injunctions laid down in American Cyanamid should be applied where there was doubt as to the adequacy of any remedy in damages to either party, and where a reference to the European Court was being made which involved the effect of European law on a national law.
Held: Where the validity of subsidiary legislation was challenged, for the court to require the infringing national rule actually to have been set aside before relief could be given by the court, would create the risk of the breach of Community law going uncompensated.
The doctrine of the supremacy of Community law restricts the absolute authority of Parliament to legislate as it wants.
Lord Goff discussed the argument that because a challenge was being made to the validity of a United Kingdom national law, the test for an interim junction was no longer ‘serious case to be tried’, but ‘strong prima facie case’. He summarised the position:- ‘I myself am of the opinion that in these cases, as in others, the discretion conferred upon the court cannot be fettered by a rule; I respectfully doubt whether there is any rule that, in cases such as these, a party challenging the validity of the law must – to resist an application for an interim injunction against him, or to obtain an interim injunction restraining the enforcement of the law – show a strong prima facie case that the law is invalid. It is impossible to foresee what cases may yet come before the courts; I cannot dismiss from my mind the possibility (no doubt remote) that such a party may suffer such serious and irreparable harm in the event of the law being enforced against him that it may be just or convenient to restrain its enforcement by an interim injunction even though so heavy a burden has not been discharged by him. In the end, the matter is one for the discretion of the court, taking into account all the circumstances of the case. Even so, the court should not restrain a public authority by interim injunction from enforcing an apparently authentic law unless it is satisfied, having regard to all the circumstances, that the challenge to the validity of the law is, prima facie, so firmly based as to justify so exceptional a course being taken.’ He analysed the arguments and concluded:- ‘As to the final outcome on these issues after consideration by the court, your Lordships can of course express no opinion; but these two points alone led me to conclude that the applicants’ challenge is, prima facie, a strong one.’

Lord Bridge of Harwich, Lord Goff, Lord Brandon, Lord Oliver, Lord Jauncey
[1991] 1 AC 603, [1990] UKHL 13, [1990] 3 CMLR 375, [1991] 1 All ER 70, (1991) 3 Admin LR 333, [1990] 3 WLR 818, [1991] 1 Lloyd’s Rep 10
Bailii
England and Wales
Citing:
Referred back from – Regina v Secretary of State for Transport, ex parte Factortame ECJ 19-Jun-1990
ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions . .
See Also – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .
Considered – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
See Also – Regina v Secretary of State for Transport ex parte Factortame Ltd HL 26-Jul-1990
(Interim Relief Order) . .

Cited by:
Cited – Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress CA 17-Oct-2000
Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and an appellate court should not normally interfere in that exercise. The considerations for such a . .
Referred back to – Regina v Secretary of State for Transport, ex parte Factortame ECJ 19-Jun-1990
ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions . .
Cited – Regina v Searby and Another CACD 7-Jul-2003
The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to . .
Cited – Jackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .
Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .
See Also – Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5) HL 28-Oct-1999
A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that . .
Cited – National Commercial Bank Jamaica Ltd v Olint Corp Ltd (Jamaica) PC 28-Apr-2009
Jamaica – The customer appealed against refusal of an order requiring its bank not to close the customer accounts after the customer had been accused of fraud. There was no evidence that the account was being used unlawfully.
Held: In the . .
Cited – Faisaltex Ltd and Others v Lancashire Constabulary and Another QBD 24-Jul-2009
The claimants wished to claim damages saying that in executing a search warrant, the defendant had made excessive seizures of material. The claimants sought inspection by independent counsel of the materials seized to establish this in a manner . .
Cited – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government Admn 16-Dec-2010
Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was . .
Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Cited – Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 21-May-2020
No interim relief for Mosque Services
The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities . .

Lists of cited by and citing cases may be incomplete.

European, Constitutional

Leading Case

Updated: 31 October 2021; Ref: scu.183201

Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014

pswc_abdidaECJ1409

ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status and subsidiary protection – Article 2 e) – Real risk of suffering serious harm – Article 15 b) -Treatments inhuman or degrading – Directive 2005/85 / EC – Minimum standards on procedures for granting and withdrawing refugee status in Member States – Directive 2008/115 / EC – Common standards and procedures for the return of third country nationals residing – Article 13, paragraph 2 – suspensive effect of the appeal – Article 14, paragraph 1 – Safeguards pending return – Charter of Fundamental Rights of the European Union – Refusal by the Member State to grant a nationals of third countries seriously ill for a residence permit for medical reasons, with an obligation to leave the territory – Not a suspensive appeal as of right from the enforcement of the removal – Lack of support needs basic non-medical – Grant of emergency medical assistance

Yves Bot AG
C-562/13, [2014] EUECJ C-562/13 – O, ECLI: EU: C: 2014, [2014] EUECJ C-562/13
Bailii, Bailii
Directive 2003/9/EC

European, Immigration

Updated: 31 October 2021; Ref: scu.536481

Alhashem v The Secretary of State for Work and Pensions: CA 21 Apr 2016

Mrs Alhashem, a Dutch citizen, had been living in the UK since 2010. She was at first awarded job seeker’s allowance, but this ended because she was unable to sign on for work because of ill health. She then applied for employment and support allowance. On 12 November 2011, the Secretary of State refused her claim on the basis that she did not have the right to reside in this country.

Arden, David Richards LJJ, Mitting J
[2016] EWCA Civ 395
Bailii
England and Wales

European, Benefits

Updated: 31 October 2021; Ref: scu.562449

Leno Merken Bv v Hagelkruis Beheer Bv: ECJ 5 Jul 2012

ECJ Community trade mark – Regulation No 207/2009 on the Community trade mark – Genuine use – Place of use
A ‘genuine use’ of a mark, namely ‘to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services’ means ‘real commercial exploitation of the mark in the course of trade, particularly the usages regarded as warranted in the economic sector concerned as a means of maintaining or creating market share for the goods or services protected by the mark’

Sharpston AG
C-149/11, [2012] EUECJ C-149/11, [2013] ETMR 16, [2013] BUS LR 928, [2012] WLR(D) 388, ECLI:EU:C:2012:816
Bailii, WLRD
Regulation No 207/2009
Cited by:
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Leading Case

Updated: 31 October 2021; Ref: scu.463841

PI v Oberburgermeisterin Der Stadt Remscheid: ECJ 22 May 2012

pi_remscheidECJ2012

ECJ Freedom of movement for persons – Directive 2004/38/EC – Article 28(3)(a) – Expulsion decision – Criminal conviction – Imperative grounds of public security

[2012] EUECJ C-348/09
Bailii
Citing:
Opinion – PI v Oberburgermeisterin Der Stadt Remscheid ECJ 6-Mar-2012
ECJ (Opinion) Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Protection against expulsion – Concepts of . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 31 October 2021; Ref: scu.459676

Jones and Others v Commission: ECFI 23 Nov 2011

jones_commissionECFI2011

ECFI (Competition) ECSC Treaty – Supply of coal intended for the United Kingdom electricity generation industry – Rejection of a complaint alleging discriminatory pricing – Commission’s competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Assessment of Community interest – Obligations in relation to the investigation of a complaint – Manifest error of assessment.

Pelikanova
T-320/07, [2011] EUECJ T-320/07
Bailii

European, Utilities

Updated: 31 October 2021; Ref: scu.448717

Elefanten Schuh Gmbh v Pierre Jacqmain: ECJ 24 Jun 1981

ECJ 1. Article 18 of the convention of 27 September 1968 on Jurisdiction and the enforcement of judgments in civil and commercial matters applies even where the parties have by agreement designated a court which is to have jurisdiction within the meaning of article 17 of that convention.
2. Article 18 of the Convention of 27 september 1968 must be interpreted as meaning that the rule on jurisdiction which that provision lays down does not apply where the defendant not only contests the court’s jurisdiction but also makes submissions on the substance of the action, provided that if the challenge to jurisdiction is not preliminary to any defence as to the substance it does not occur after the making of the submissions which under national procedural law are considered to be the first defence addressed to the court seised.
3. Since the aim of article 17 of the Convention is to lay down the formal requirements which agreements conferring jurisdiction must meet, contracting states are not free to lay down formal requirements other than those contained in the Convention. When those rules are applied to provisions concerning the language to be used in an agreement conferring jurisdiction they imply that the legislation of a contracting state may not allow the validity of such an agreement to be called in question solely on the ground that the language used is not that prescribed by that legislation.

[1982] 3 CMLR 1, R-150/80, [1981] EUECJ R-150/80, [1981] ECR 1671
Bailii
Cited by:
Cited – Winkler and Another v Shamoon and Others ChD 15-Feb-2016
The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but . .

Lists of cited by and citing cases may be incomplete.

European, Jurisdiction

Leading Case

Updated: 31 October 2021; Ref: scu.214991

Champion v North Norfolk District Council and Another: Admn 7 May 2013

The claimant challenged the grant of planning permission for the erection of silos for the storage of barley. He said that the development might adversely impact on a nearby Site of Special Scientific Interest.
Held: The judicial review succeeded. The planning committee would have been entitled on the material before them in 2011 rationally to reach the conclusion that there was no relevant risk requiring appropriate assessment or an EIA. However, such a conclusion was inconsistent with the decision at the same time to impose a requirement for testing of water quality and remediation if necessary: ‘These conditions, which could only be imposed where the Committee considered them necessary, suggested that the Committee considered that there was a risk that pollutants could enter the river. This would also have been a rational and reasonable conclusion available to the Committee, in the light of the detailed matters set out above.
It does not seem to me that the council could, rationally, adopt both positions at once . . I do not consider that it is open for me to consider that this inconsistency was simply a function of local democracy at work, and that it could be ignored. . . ‘ The decision could not be saved by exercising a discretion not to quash.

James Dingemans QC
[2013] EWHC 1065 (Admin)
Bailii
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Conservation of Habitats and Species Regulations 2010 61
England and Wales
Cited by:
Appeal from – Champion, Regina (on The Application of) v North Norfolk District Council and Others CA 18-Dec-2013
The claimant had succeeded in a challenge to the grant of planning permission for the building of two barley silos. He said that the development was near and might affect Site of Special Scientic interest. The Council had at the same time said that . .
At first instance – Champion, Regina (on The Application of) v North Norfolk District Council and Another SC 22-Jul-2015
‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, European

Updated: 31 October 2021; Ref: scu.510193

Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa: CA 6 Jun 2013

The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient ‘establishment within the UK. On its winding up, the company had a considerable shortfall in the pensions scheme.
Held: The airline did not have an establishment within the meaning of the Regulation as at 20 July 2010, and the subsequent winding-up of the airline in England, even if relevant at all, did not amount to ‘economic activity’ within the definition.
The Chancellor, had erred in overlooking the Virgos-Schmit report as an authoritative commentary on the Regulation, but also in failing to take into account that the Regulation is concerned with insolvency proceedings of all kinds: ‘ the definition of ‘establishment’ applies to secondary insolvency proceedings of any kind, even though secondary proceedings which follow the opening of main proceedings must be winding-up proceedings . . However, secondary proceedings which precede the opening of main proceedings need not be winding-up proceedings. It follows that secondary proceedings may involve forms of insolvency proceedings under which the debtor company may well seek to trade out of its difficulties. In such cases it simply is not true that the Regulation contemplates that a debtor company in secondary proceedings cannot be a trading company with outward facing market activity. ‘

Moore-Bick LJ, Sir Stephen Sedley, Sir Nernard Rix
[2013] EWCA Civ 643, [2013] Pens LR 281, [2013] WLR(D) 227, [2013] BCC 728, [2013] 2 BCLC 171, [2014] 1 WLR 1401, [2013] BPIR 663
Bailii, WLRD
Council Regulation (EC) 1346/2000
England and Wales
Citing:
Appeal from – Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa ChD 29-May-2012
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law.
Held: To be an . .
Cited – Shierson v Vlieland-Boddy CA 27-Jul-2005
The debtor claimed that he could not be served with an insolvency petition, being resident in Spain.
Held: The court was to look to where was the centre of his main interests to determine whether to open insolvency proceedings. On that basis, . .
Security for costs – Trustees of Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa CA 25-Feb-2013
Application for security for costs of appeal agaiinst winding up order. . .
Cited – In re Stanford International Bank Ltd and Others ChD 3-Jul-2009
Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of . .
Cited – Trillium (Nelson) Properties Ltd v Office Metro Ltd ChD 9-May-2012
Winding-up petition in which the principal issue is whether or not Office Metro Limited can be wound up in this jurisdiction in the light of the fact that, despite its being an English registered company, its centre of main interest is in . .
Cited – Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA ECJ 20-Oct-2011
interedill2ECJ2011
ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International . .
Cited – Eurofood IFSC (Area Of Freedom, Security and Justice) ECJ 2-May-2006
ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Decision to open the proceedings – Centre of the debtor’s main interests – Recognition of insolvency proceedings . .

Cited by:
Appeal from – Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa SC 29-Apr-2015
The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European . .

Lists of cited by and citing cases may be incomplete.

Insolvency, European

Updated: 31 October 2021; Ref: scu.510183

Vonk Dairy Products BV v Productschap Zuivel: ECJ 7 Jun 2006

ECJ Opinion – the Court is asked to interpret provisions governing the recovery of refunds paid to support export outside the Community of milk products, (2) when those products have subsequently been re-exported to a different country of destination. The issue arises because products exported to the United States were then re-exported to Canada. Exports made directly from the Community to Canada would have attracted a lower rate of refund than that payable on exports to the United States.

Sharpston AG
C-279/05, [2006] EUECJ C-279/05
Bailii
Cited by:
Opinion – Vonk Dairy Products BV v Productschap Zuivel ECJ 11-Jan-2007
ECJ Agriculture Common organisation of the markets Cheese Articles 16 to 18 of Regulation (EEC) No 3665/87 Differentiated export refunds Almost immediate re-exportation from the country of importation Evidence of . .

Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 31 October 2021; Ref: scu.510137

Land Oberosterreich v Cez (Free Movement of Goods): ECJ 27 Oct 2009

ECJ Action for cessation of actual or potential nuisance caused to land by the activities of a nuclear power plant situated on the territory of another Member State Obligation to tolerate actual or potential nuisance caused by installations which have been officially authorised in the Member State where the action is brought Authorisations issued in other Member States not taken into account Equal treatment Principle of non-discrimination on grounds of nationality under the EAEC Treaty

[2009] EUECJ C-115/08
Bailii
Citing:
Opinion – Land Oberosterreich v Cez (Free Movement of Goods) ECJ 22-Apr-2009
ECJ Opinion Reference for a preliminary ruling from the Landesgericht Linz (Austria). . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 31 October 2021; Ref: scu.510160

Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH: ECJ 14 Jan 2010

ECJ Directive 2005/29/EC – Unfair commercial practices – National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on the purchase of goods or the use of services
Art 2(d) of Directive 2005/29: ‘gives a particularly wide definition to the concept of commercial practices: ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers.’

A Tizzano R
C-304/08, [2011] All ER (EC) 338, [2010] EUECJ C-304/08
Bailii
Directive 2005/29/EC
Citing:
Opinion – Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH ECJ 3-Sep-2009
ECJ Environment And Consumers – French Text – Opinion – Admissibility of a preliminary ruling qualifying Relevance Subject to the decision to make joint offers Interpretation in accordance with Directive . .

Cited by:
Cited – X Ltd, Regina v CACD 23-May-2013
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 31 October 2021; Ref: scu.510097

Mohamud, Regina (on The Application of) v Secretary of State for The Home Department: Admn 14 Mar 2011

The court was asked whether a decision by the Secretary of State for the Home Department that a second application for asylum does not amount to a fresh claim means that the asylum seeker, who had become entitled to work under Article 11, is no longer entitled to seek or remain in employment.
Ouseley J
[2011] EWHC 573 (Admin)
Bailii
Council Directive 2003/9/EC 11
England and Wales

Updated: 31 October 2021; Ref: scu.430548

Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse: ECJ 16 Jul 2009

ECJ Social security – Regulation (EEC) No 1408/71 Title III, Chapter 1 Articles 18 EC, 39 EC and 49 EC – Benefits in kind intended to cover the risk of reliance on care Residence in a Member State other than the competent State Social security system of the Member State of residence not including benefits in kind linked to the risk of reliance on care
A. Rosas, P
[2009] EUECJ C-208/07
Bailii
Regulation (EEC) No 1408/71
Citing:
See Also – Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse ECJ 11-Sep-2008
ECJ Opinion – Social security for migrant workers benefits in case of dependency benefits in kind Article 19, paragraph 1 of Regulation No 1408/71 Citizenship of the Union . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.510001

Commerzbank v Commission: ECFI 27 Sep 2006

ECFI Competition – Article 81 EC – Price-fixing agreement and ways of charging for currency exchange services – Germany – Evidence of the infringement – Application to set aside judgments by default
H. Legal, P
[2006] EUECJ T-61/02, T-44/02 OP, T-54/02 OP, T-56/02 OP, T-60/02 OP, T-61/02 OP
Bailii
Citing:
See Also – Commerzbank v Commission (Competition) French Text ECFI 14-Oct-2004
ECFI Competition – Article 81 EC – Price-fixing agreement and ways of charging for currency exchange cash – Germany – Procedure by default . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509984

WHA Ltd and Another v Customs and Excise: ChD 28 Feb 2003

The taxpayer appealed against a finding that it was unable to recover input VAT in its transactions. A scheme had been devised for the processing of claims and repairs in motor vehicle accidents.
Held: (1) WHA could treat the VAT payable on the garage bills as input tax, (2) WHA made exempt supplies to Viscount and (3) WHA was therefore entitled to recover its input tax.
Lloyd J
[2003] STC 648, [2003] BTC 5481, [2003] BVC 537, [2003] EWHC 305 (Ch), [2003] STI 298
Bailii
England and Wales
Cited by:
At ChD – WHA Ltd and Another v Revenue and Customs SC 1-May-2013
The Court was asked as to the effectiveness of a scheme, known as Project C, designed to minimise the overall liability to VAT of a group of companies involved in motor breakdown insurance.
Held: The court dismissed WHA’s appeal. There had . .
At ChD – WHA Ltd and Another v Customs and Excise CA 14-May-2004
. .
At ChD – WHA Ltd and Another v Revenue and Customs CA 17-Jul-2007
The court considered the European principle of abuse of right.
Held: Lord Neuberger, delivering the leading judgment rejected the submission that the court was confined to considering the artificiality or purpose of each individual step, since . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509976

Revenue and Customs v Marks and Spencer Plc: SC 22 May 2013

The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting the alternative contended for by HMRC. I would hold that the question for inquiry is whether the claimant company has been able to show, on the basis of the circumstances known at the date when it makes its claim, that there has been no possibility of the losses in question being utilised in the Member State of the surrendering company in any accounting period prior to the date of the claim and no possibility of such utilisation in the accounting period in which the claim is made or in any future accounting periods. The consequence of this finding is that the third issue does not need to be answered. ‘
Lord Neuberger, President, Lord Hope, Deputy President, Lord Mance, Lord Reed, Lord Carnwath
[2013] UKSC 30, [2013] WLR(D) 191, [2013] STI 1899, [2013] 3 All ER 835, [2013] BTC 162, [2013] 1 WLR 1586, [2013] STC 1262, [2013] 3 CMLR 36, UKSC 2011/0241
Bailii, WLRD, SC Summary, SC
Finance Act 1998 Sch 18
England and Wales
Citing:
At UTTC – Marks and Spencer Plc v HM Revenue and Customs UTTC 21-Jun-2010
UTTC EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – date of valid claim . .
At FTTTX – Marks and Spencer plc v Revenue and Customs FTTTx 2-Apr-2009
FTTTx EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – no at the date of . .
Appeal from – HM Revenue and Customs v Marks and Spencer Plc CA 14-Oct-2011
The taxpayers claimed relief for losses incurred within their European subsidiaries. The claim having been referred to the ECJ, Moses LJ summarised the issues outstanding: ‘(i) Is the test that the ECJ established to identify those circumstances in . .
Cited – A Oy ECJ 21-Feb-2013
ECJ Freedom of establishment – Article 49 TFEU – Tax legislation – Merger of a parent company established in one Member State with a subsidiary established in another Member State – Deductibility by the parent . .
Reference to ECJ – Marks and Spencer Plc v Halsey (Inspector of Taxes) 2003
Marks and Spencer Plc appealed against the refusal of group relief, on the ground that the statutory limitations on the territorial scope of group relief were incompatible with, and overridden by, Community law. The Special Commissioners dismissed . .
At ECJ – Marks and Spencer v David Halsey (Inspector of Taxes) ECJ 13-Dec-2005
ECJ Articles 43 EC and 48 EC – Corporation tax – Groups of companies – Tax relief – Profits of parent companies – Deduction of losses incurred by a resident subsidiary- Allowed – Deduction of losses incurred in . .
See Also – Marks and Spencer plc v Halsey (Inspector of Taxes) ChD 10-Apr-2006
The court considered the implementation of the ECJ decision between the parties.
Held: The matter was to be remitted to the Special Commissioners. The ‘no possibilities’ test referred to in the ECJ’s judgment required an analysis of the . .
See Also – Halsey (HM Inspector of Taxes) v Marks and Spencer Plc CA 20-Feb-2007
The inspector appealed against a decision granting group relief to the taxpayer a UK resident company for losses by a group company in another European state.
Held: The appeal was denied. To refuse group relief in these circumstances would be . .
Cited – Oy Aa (Freedom of Establishment) ECJ 18-Jul-2007
ECJ Freedom of establishment – Corporate tax legislation – Ability of a company to deduct sums paid by way of intra-group transfer – Obligation on the transferee company also to have its establishment in the . .
Cited – Lidl Belgium GmbH and Co KG v Finanzamt Heilbronn ECJ 15-May-2008
ECJ Freedom of establishment Direct taxation Taking account of losses incurred by a permanent establishment situated in a Member State and belonging to a company which has its registered office in another Member . .

Cited by:
See Also – Revenue and Customs v Marks and Spencer Plc SC 19-Feb-2014
For the purposes of corporation tax, MandS claimed group relief in respect of losses sustained by two of their subsidiaries, resident in Germany and in Belgium. Lord Hope observed that the claims were originally made and refused by HMRC over ten . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.510005

Sky Italia S.R.L., Re: ECJ 16 May 2013

ECJ Opinion – Directive 2010/13/EU – Audiovisual media services – Limitation of transmission time for television advertising – Stricter national rules for pay TV than for free-to-air TV – General principle of equal treatment under EU law – Fundamental freedoms of the European internal market – Freedom and pluralism of the media
Kokott AG
C-234/12, [2013] EUECJ C-234/12
Bailii
Directive 2010/13/EU

Updated: 30 October 2021; Ref: scu.509301

Donal Brady v Environmental Protection Agency: ECJ 16 May 2013

ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’ – Slurry produced on a pig farm – Storage until use as fertiliser – Classification as waste – Classification as a by-product – Burden of proof – Personal liability of the producer for the infringement of European Union law on the control of waste by third parties who use the slurry as fertiliser on their own land – Failure to transpose Directive 91/676 into national law – General principles of European Union law – Fundamental rights – Proportionality
Cruz Villalon AG
C-113/12, [2013] EUECJ C-113/12, [2013] EUECJ C-113/12
Bailii, Bailii
Directive 91/156/EEC, Directive 75/442/EEC

Updated: 30 October 2021; Ref: scu.509296

European Commission v Ryanair Ltd: ECJ 16 May 2013

ECJ Appeal – Action for failure to act – Article 232 EC – Regulation (EC) No 659/1999 – Article 20(2) – State aid allegedly granted to Italian airlines – Complaint – Lack of a decision from the Commission
A. Rosas, P
C-615/11, [2013] EUECJ C-615/11
Bailii
Regulation (EC) No 659/1999 20(2)

Updated: 30 October 2021; Ref: scu.509297

New Yorker Shk Jeans Gmbh and Co. Kg, Formerly New Yorker Shk Jeans Gmbh v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECJ 16 May 2013

ECJ Appeal – Community trade mark – Opposition proceedings – Proof of genuine use – Evidence filed after the expiry of the time-limit set
C-621/11, [2013] EUECJ C-621/11
Bailii

Updated: 30 October 2021; Ref: scu.509299

TNT Express Worldwide (Poland) Sp ZOO v Minister Finansow: ECJ 16 May 2013

ECJ Value added tax – Directive 2006/112/EC – Article 66(a) to (c) – Transport and shipping services – Chargeability – Date on which payment is received and no later than 30 days from the date on which the services are supplied – Invoice issued earlier
M. Berger, P
C-169/12, [2013] EUECJ C-169/12
Bailii

Updated: 30 October 2021; Ref: scu.509302

Centrotherm Systemtechnik Gmbh v Office For Harmonisation In The Internal Market: ECJ 16 May 2013

ECJ Opinion – Appeal – Community trade mark – Application for revocation – Evidence filed after expiry of the time-limit set by OHIM – Allocation of the burden of proof – Examination of facts by OHIM of its own motion – Probative value of sworn statement
Sharpston AG
C-609/11, [2013] EUECJ C-609/11, [2013] EUECJ C-609/11
Bailii, Bailii

Updated: 30 October 2021; Ref: scu.509294

Bernhard Rintisch v Office For Harmonisation In The Internal Market: ECJ 16 May 2013

ECJ Opinion – Appeal – Community trade mark – Opposition – Evidence of existence and validity of earlier mark – Evidence and translations filed after expiry of the time-limit set by OHIM – Discretion of the Board of Appeal
Sharpston AG
C-120/12, [2013] EUECJ C-120/12, [2013] EUECJ C-120/12
Bailii, Bailii

Updated: 30 October 2021; Ref: scu.509293

Alakor Gabonatermelo Es Forgalmazo Kft v Nemzeti Ado Es Vamhivatal Eszak . .: ECJ 16 May 2013

ECJ Non-repayment of the entirety of value added tax unduly paid – National legislation precluding repayment of VAT because it has been passed on to a third party – Compensation in the form of aid covering a fraction of the non-deductible VAT – Unjust enrichment
G. Arestis
C-191/12, [2013] EUECJ C-191/12
Bailii

Updated: 30 October 2021; Ref: scu.509292

Janina Wencel v Zaklad Ubezpieczen Spolecznych W Bialymstoku: ECJ 16 May 2013

ECJ Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 10 – Old-age benefits – Habitual residence in two different Member States – A survivor’s pension received in one of those States and a retirement pension in the other – Withdrawal of one of those benefits – Recovery of benefits to which it is alleged the recipient was not entitled
C-589/10, [2013] EUECJ C-589/10
Bailii
Article 45 TFEU, Regulation (EEC) No 1408/71 10

Updated: 30 October 2021; Ref: scu.509298

Sanco, Sa v Office For Harmonisation In The Internal Market (Trade Marks And Designs) v Marsalman, SL: ECFI 14 May 2013

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark representing a chicken – Earlier national figurative mark representing a chicken – Relative ground for refusal – Similarity between goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009)
J. Azizi P
T-249/11, [2013] EUECJ T-249/11
Bailii
Regulation (EC) No 207/2009)

Updated: 30 October 2021; Ref: scu.509240

Unister Gmbh v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 14 May 2013

ECFI Community trade mark – Application for the Community word mark fluege.de – Absolute grounds for refusal – Descriptive character – No distinctive character – Distinctive character acquired through use – Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009
N.J. Forwood, P
T-244/12, [2013] EUECJ T-244/12
Bailii
Regulation (EC) No 207/2009

Updated: 30 October 2021; Ref: scu.509241

Bayer Ag v Commission (Judgment): ECJ 14 Jul 1972

C-51/69, [1972] EUECJ C-51/69
Bailii
European

Updated: 30 October 2021; Ref: scu.132027

Riviere and Others v Parliament: ECFI 6 Oct 2021

Institutional law – Parliament – Measure adopted by the President of Parliament prohibiting national flags on Members’ desks – Rules of conduct for Members – Article 10 (3) of Parliament’s rules of procedure – Act not open to appeal – Inadmissibility
T-88/20, [2021] EUECJ T-88/20
Bailii
European

Updated: 30 October 2021; Ref: scu.668565

KT v HMRC: UTAA 15 Mar 2013

Child Benefit – European Union law – Council regulation 1408/71/EEC
[2013] UKUT 151 (AAC)
Bailii
European

Updated: 27 October 2021; Ref: scu.509207

DJ v Secretary of State for Work and Pensions: UTAA 26 Feb 2013

Residence and presence conditions – right to reside
[2013] UKUT 113 (AAC)
Bailii

Updated: 27 October 2021; Ref: scu.509195