Category: European

Dehousse v Court of Justice of The European Union: ECFI 28 Oct 2020

Access to documents

Judgment – Access to documents – Court of Justice of the European Union – Documents held by the institution in the exercise of its administrative functions – Article 266 TFEU – Decision adopted in execution of a judgment of the General Court – Measures involved enforcement of an annulment judgment – Presumption of non-existence or non-possession of documents – Plausible explanations enabling the reasons for the non-existence or non-possession to be determined – Obligation to state reasons – Keeping of documentation – Principle of good administration
ECLI:EU:T:2020:513, [2020] EUECJ T-857/19
Bailii
European

Updated: 22 July 2021; Ref: scu.660561

Pegaso and Sistemi Di Sicurezza v Poste Tutela SpA: ECJ 28 Oct 2020

Reference for a preliminary ruling – Procurement in the water, energy, transport and postal services sectors – Directive 2014/25/EU – Article 13 – Activities relating to the provision of postal services – Contracting entities – Public undertakings – Admissibility)
ECLI:EU:C:2020:867, [2020] EUECJ C-521/18
Bailii
European

Updated: 22 July 2021; Ref: scu.660610

Associazione Granosalus v Commission: ECJ 28 Oct 2020

Placing of plant protection products on the market

Judgment – Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not including implementing measures – Person directly concerned
ECLI:EU:C:2020:869, [2020] EUECJ C-313/19P
Bailii
European

Updated: 22 July 2021; Ref: scu.660543

Belgian State (Elements Posterieurs A La Decision De Transfert) (Opinion): ECJ 2 Feb 2021

References for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national – Transfer of responsibility – Article 27 – Legal remedies – Scope of judicial review – Obligation for national courts to take account of circumstances subsequent to the adoption of the transfer decision that could affect the determination of the Member State responsible for examining the application for international protection – Conditions)
C-194/19, [2021] EUECJ C-194/19_O
Bailii
European

Updated: 21 July 2021; Ref: scu.663971

Probelte v Commission (Plant Protection Products – Active Substance 8-Hydroxyquinoline – Judgment): ECFI 19 Dec 2019

Plant protection products – Active substance 8-hydroxyquinoline – Request for amendment of the conditions of approval – Procedure for harmonised classification and labelling – Right to be heard – Legitimate expectations – Manifest error of assessment
ECLI:EU:T:2019:873, [2019] EUECJ T-67/18
Bailii
European

Updated: 21 July 2021; Ref: scu.665513

Airhelp (Order): ECJ 14 Jan 2021

Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Article 5 (3) – Right to compensation in the event of cancellation or long delay of a flight – Concept ‘extraordinary circumstances’ – Unforeseen failures that could affect flight safety – Collision with a foreign object – Damage to an aircraft by the movement of another aircraft – Concept of ‘reasonable measures’ to remedy an extraordinary circumstance or the consequences of such a circumstance – Rerouting
C-264/20, [2021] EUECJ C-264/20_CO, ECLI: EU: C: 2021: 26
Bailii
European

Updated: 20 July 2021; Ref: scu.663912

Amoena (UK) Ltd v Revenue and Customs: SC 13 Jul 2016

The court considered the proper classification under customs codes for a mastectomy bra. The First Tier Tribunal had found no evidence that it had an medical purpose beyond the containment of the breast from.
Held: The appeal succeeded.
The issue was as to the classification of the bra. The intended use of the product may constitute an objective criterion in relation to tariff classification if it is inherent in the product and is capable of assessment on the basis of the products objective characteristics. The Court of Appeal’s conclusion was consistent with the ordinary understanding of orthopaedics and the Advocate General’s opinion in the Uroplasty case. With respect to ‘orthopaedic appliances’ the reference in explanatory note 6 to appliances ‘supporting or holding parts of the body following an illness, operation or injury’ does not encompass appliances supporting artificial body parts such as an artificial breast form.
Lord Carnwath did not consider the bra to be a ‘part’ either of the breast form on its own, or of a ‘whole’ consisting of the breast form and bra together, as it is marketed as an entirely separate product [44]. However, on a natural reading of the guidance, the bra is an ‘accessory’ because it enables the breast form to perform its function, by holding it in place, and thus performs ‘a particular service relative to (its) main function’.
Lady Hale, Deputy President, Lord Sumption, Lord Reed, Lord Carnwath, Lord Hodge
[2016] UKSC 41, [2016] 1 WLR 2904, [2016] WLR(D) 386, [2016] STC 1884, [2016] 4 All ER 705, UKSC 2015/0046
Bailii, Bailii Summary, WLRD, SC, SC Summary
Council Regulation (EEC) No 2658/87
England and Wales
Citing:
At FTTTx – Amoena (UK) Ltd v Revenue and Customs FTTTx 21-Oct-2011
CUSTOMS DUTY – Whether Mastectomy bra should be classified to commodity code 6212 1090 00 as a clothing article – whether proper to code 9021 1010 00 as an orthopaedic device – appeal dismissed . .
At UTTC – Amoena (UK) Ltd v HM Revenue and Customs UTTC 12-Aug-2013
UTTC Customs duty – classification – whether mastectomy bra a brassiere under CN 6212 or an orthopaedic device etc under CN 9021 ‘ mastectomy bra an orthopaedic device under CN 9021 10 10 by virtue of Note 6 to . .
At CA – Amoena (UK) Ltd v HM Revenue and Customs CA 29-Jan-2015
Appeal as to the appropriate classification, and hence level of customs duty, for a mastectomy bra. . .
Cited – Turbon International GmbH v Oberfinanzdirektion Koblenz ECJ 7-Feb-2002
ECJ Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Regulation No 1734/96, must be interpreted as meaning that an ink-cartridge without . .
Cited – Lohmann v Oberfinanzdirektion Koblenz ECJ 7-Nov-2002
(Judgment) Common Customs Tariff – Tariff headings – Classification in the Combined Nomenclature of wrist orthoses, lumbar support belts, elbow supports and knee supports – Note 1(b) to Chapter 90 of the Combined Nomenclature . .
Cited – Uroplasty BV v Inspecteur van de Belastingdienst-Douanedistrict Rotterdam ECJ 13-Jul-2006
Europa (Common Customs Tariff) Tariff classification – Sterile flakes of polydimethilsiloxane – Silicone elastomer – Meaning of ‘primary form’ – Medicament – Packaging – Meaning of ‘appliance implanted in the . .
Cited – Turbon International v Oberfinanzdirektion Koblenz ECJ 26-Oct-2006
Europa Common Customs Tariff – Tariff headings – Classification in the Combined Nomenclature of ink cartridges compatible with Epson Stylus Color printers – Inks (heading 3215) – Parts and accessories of machines . .
Cited – Unomedical A/S v Skatteministeriet (Customs Union) ECJ 16-Jun-2011
ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Plastic dialysis drainage bags intended exclusively for use with dialysers (artificial kidneys) – Plastic urine drainage bags intended . .
Cited – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 13-Mar-2013
The company managed a card loyalty scheme for retailers. The Revenue appealed against a decision that the company could reclaim VAT input tax on the goods purchased on the customers redeeming their points. The ECJ had decided that the service . .

These lists may be incomplete.
Updated: 19 July 2021; Ref: scu.566878

ZW v EIB: ECJ 14 Jan 2021

Rectification order – Articles 154 and 159a of the Rules of Procedure of the Court of Justice – Conditions – Review of the statement of reasons – Manifest inadmissibility
ECLI:EU:C:2021:27, [2021] EUECJ C-50/20P_CO
Bailii
European

Updated: 19 July 2021; Ref: scu.663964

AJFP Sibiu and DGRFP Brasov (Judgment): ECJ 20 Jan 2021

Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112 / EC – Article 2 – Article 9 – Notions of’ economic activity ‘and’ taxable person ‘- Transactions aimed at withdrawing from a of receipts having a permanent nature – Acquisition by a creditor of buildings seized within the framework of a compulsory execution procedure initiated for the recovery of loans accompanied by mortgage guarantees and sale of these buildings – Simple exercise of the right of ownership by its holder
C-655/19, [2021] EUECJ C-655/19, ECLI: EU: C : 2021: 40
Bailii
European

Updated: 19 July 2021; Ref: scu.663913

Pshonka v Council (Judgment) T-268/20: ECFI 7 Jul 2021

Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies to which the freezing of funds and economic resources applies – Retention of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State has been taken in compliance with the rights of the defense and the right to effective judicial protection
[2021] EUECJ T-268/20, ECLI: EU: T: 2021: 418
Bailii
European

Updated: 19 July 2021; Ref: scu.664378

Kenzo v OHMI – Tsujimoto (Kenzo Estate) T-528/13: ECFI 2 Dec 2015

ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark KENZO ESTATE – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 – Partial rejection of the opposition)
T-528/13, [2015] EUECJ T-528/13, ECLI:EU:T:2015:921
Bailii
European

Updated: 18 July 2021; Ref: scu.556333

Information Resources v OHIM (Growth Delivered): ECFI 2 Dec 2015

Judgment – Community trade mark – Application for Community word mark Growth Delivered – Mark consisting of an advertising slogan – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
ECLI:EU:T:2015:920, T-528/14, [2015] EUECJ T-528/14
Bailii
European

Updated: 18 July 2021; Ref: scu.556329

Tsujimoto v OHMIi – Kenzo (Kenzo Estate): ECFI 2 Dec 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark KENZO ESTATE – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009 – Belated submission of documents – Discretion of the Board of Appeal – Article 76(2) of Regulation No 207/2009 – Partial refusal of registration
T-522/13, [2015] EUECJ T-522/13, ECLI:EU:T:2015:922
Bailii
European

Updated: 18 July 2021; Ref: scu.556342

Pshonka v Council (Judgment) T-269/20: ECFI 7 Jul 2021

Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies to which the freezing of funds and economic resources applies – Retention of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State has been taken in compliance with the rights of the defense and the right to effective judicial protection
[2021] EUECJ T-269/20, ECLI: EU: T: 2021: 419
Bailii
European

Updated: 18 July 2021; Ref: scu.664379

Bundesrepublik Deutschland (Statut De Refugie D’Un Apatride D’Origine Palestinienne) (Judgment): ECJ 13 Jan 2021

Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards relating to the conditions which third-country nationals or stateless persons must fulfill in order to be able to benefit from international protection – Directive 2011/95 / EU – Article 12 – Exclusion from refugee status – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions for ipso facto invoking Directive 2011 / 95 – Cessation of UNRWA protection or assistance
C-507/19, [2021] EUECJ C-507/19, [2021] 1 WLR 3153, ECLI: EU : C: 2021: 3
Bailii
European

Updated: 18 July 2021; Ref: scu.663918

WB v Commission (Order) C-270/19: ECJ 3 Dec 2019

Appeal – Article 181 of the Rules of Procedure of the Court – Action for failure to act – Effects of the mechanism established by Decision 2006/928 / EC on the life of the applicant – Alleged lack of position taken by the European Commission on a complaint – Appeal manifestly unfounded
ECLI:EU:C:2019:1038, [2019] EUECJ C-270/19P_CO
Bailii
European

Updated: 17 July 2021; Ref: scu.665538

Leeds City Council v HMRC: UTTC 3 Dec 2013

UTTC VALUE ADDED TAX – claim for repayment of VAT – failure of UK to implement Article 4.5 of Sixth VAT Directive – erroneous guidance issued by HMRC – curtailment of limitation period for claims – section 80 VAT Act 1994 – whether compatible with EU legal principles – appeal dismissed
[2013] UKUT 596 (TCC), [2014] BVC 501, [2014] STC 789
Bailii
England and Wales

Updated: 16 July 2021; Ref: scu.521033

The Secretary of State for Health and Another v Servier Laboratories Ltd and Others: ChD 2 Aug 2017

Roth J struck out the unlawful means tort claim, saying that, in OBG ‘the ratio of Lord Hoffmann’s determination of the elements of the tort is in para 51’ of his speech: ‘Unlawful means therefore consists of acts intended to cause loss to the claimant by interfering with the freedom of a third party in a way which is unlawful as against that third party and which is intended to cause loss to the claimant. It does not in my opinion include acts which may be unlawful against a third party but which do not affect his freedom to deal with the claimant.’ This includes a requirement that the acts affect the third party’s freedom to deal with the claimant.
He continued: ‘the whole approach of Lord Hoffmann and the express opinions of Lord Walker, Baroness Hale and Lord Brown emphasised the need to confine the tort within careful limits, and support the view that the unlawful means must affect the third party’s freedom to deal with the claimant.’ . . . ‘If the claimants here were correct, then given the broad interpretation of the element of intention adopted in OBG v Allen, the right to claim against Servier would cover not only all the various UK Health Authorities but also all potential generic competitors who suffered loss through their inability to supply a generic version of perindopril by reason of the 947 Patent; any private medical expenses insurer who paid higher prices for reimbursement of the cost of perindopril; and, subject to any issues of jurisdiction, all foreign health authorities and insurers in each of the various other states in Europe that were designated under the 947 Patent. Mr Turner did not shrink from such implications, and indeed urged that the court should not shrink from them either.’
Roth J
[2017] EWHC 2006 (Ch), [2017] 5 CMLR 17
Bailii
England and Wales
Citing:
Cited – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .

Cited by:
See Also – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 27-Jun-2019
The Court was asked how far the EU law principle of res judicata can be relied on by the Appellants as establishing facts which they wish to prove in their defences to the damages claims brought by the Respondents. Servier submits that certain . .
Appeal from – The Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 12-Jul-2019
Appeal against a paragraph of an order by which the judge struck out the claim of the appellant, the Secretary of State for Health and the NHS Business Services Authority that the third respondent is liable for interfering with the NHS’s economic . .
At First Instance – Secretary of State for Health and Another v Servier Laboratories Ltd and Others SC 2-Jul-2021
Economic tort of causing loss by unlawful means
The Court was asked whether the ‘dealing requirement’ is a constituent part of the tort of causing loss by unlawful means; whether a necessary element of the unlawful means tort is that the unlawful means should have affected the third party’s . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.597458

Braesch and Others v Commission (State Aid – Aid for The Precautionary Restructuring of Banca Monte Dei Paschi Di Siena – Judgment): ECFI 24 Feb 2021

Action for annulment – State aid – Aid for the precautionary restructuring of Banca Monte dei Paschi di Siena – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Plea of inadmissibility – Status as an interested party – Interest in bringing proceedings – Locus standi – Admissibility
T-161/18, [2021] EUECJ T-161/18, ECLI:EU:T:2021:102
Bailii
European

Updated: 16 July 2021; Ref: scu.663974

nMetric v OHIM (Smarter Scheduling): ECFI 5 Feb 2015

(Judgment) Community trade mark – International registration designating the European Community – Word mark SMARTER SCHEDULING – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 207/2009
ECLI:EU:T:2015:74, [2015] EUECJ T-499/13
Bailii
Regulation (EC) No 207/2009 7(1)(b)
European

Updated: 15 July 2021; Ref: scu.542294

Poclava v Toledano: ECJ 5 Feb 2015

ECJ (Judgment) Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – National legislation providing for an employment contract of indefinite duration with a probationary period of one year – Implementation of EU law – None – Lack of jurisdiction of the Court
ECLI:EU:C:2015:60, [2015] EUECJ C-117/14
Bailii
European

Updated: 15 July 2021; Ref: scu.542293

M v Thi Bich Ngoc Nguyen, Schonherr: ECJ 5 Feb 2015

ECJ (Judgment) – Request for a preliminary ruling – Drug precursors – Monitoring of trade between the Member States – Regulation (EC) No 273/2004 – Monitoring of trade between the European Union and third countries – Regulation (EC) No 111/2005 – Trade in medicinal products containing ephedrine or pseudoephedrine – Definition of ‘scheduled substance’ – Composition – Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted – Directive 2001/83/EC – Definition of ‘medicinal product’
T von Danwitz, P
ECLI:EU:C:2015:59, [2015] EUECJ C-627/13
Bailii
Regulation (EC) No 273/2004 , Regulation (EC) No 111/2005, Directive 2001/83/EC
European

Updated: 15 July 2021; Ref: scu.542291

Red Bull v OHMI – Sun Mark (Bulldog): ECFI 5 Feb 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark BULLDOG – Earlier international and national word marks BULL and RED BULL – Relative grounds for refusal – Likelihood of confusion – Identical nature of the goods – Similarity of the signs – Conceptual similarity – Article 8(1)(b) of Regulation (EC) No 207/2009 – Article 8(5) of Regulation No 207/2009
[2015] EUECJ T-78/13, ECLI:EU:T:2015:72
Bailii
Regulation (EC) No 207/2009 8(1)(b) 8(5)
European

Updated: 15 July 2021; Ref: scu.542295

Turkiye Garanti Bankasi v OHMI – Card and Finance Consulting (Bonus and More): ECFI 5 Feb 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark bonus and more – Earlier international figurative mark bonus net – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
T-33/13, [2015] EUECJ T-33/13, ECLI:EU:T:2015:77
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European

Updated: 15 July 2021; Ref: scu.542297

Ryanair v Commission: ECFI 5 Feb 2015

ECJ (Judgment) State aid – Irish tax on air passengers – Lower rate for destinations no more than 300 km from Dublin – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Selective nature – Identification of the beneficiaries of the aid – Article 14 of Regulation (EC) No 659/1999 – Obligation to state reasons
G. Berardis (Rapporteur), P
T-500/12, [2015] EUECJ T-500/12, ECLI:EU:T:2015:73
Bailii
Regulation (EC) No 659/1999 14
European

Updated: 15 July 2021; Ref: scu.542296

Mertens v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen: ECJ 5 Feb 2015

ECJ (Judgment) Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Article 71 – Concept of a ‘partially unemployed frontier worker’ – Refusal of the Member State of residence and of the competent Member State to grant unemployment benefit)
Caoimh, P
[2015] EUECJ C-655/13, ECLI:EU:C:2015:62
Bailii
European

Updated: 15 July 2021; Ref: scu.542292

Aer Lingus v Commission: ECFI 5 Feb 2015

ECJ (Judgment) State aid – Irish tax on air passengers – Lower rate for destinations no more than 300 km from Dublin – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Selective nature – Identification of the beneficiaries of the aid – Article 14 of Regulation (EC) No 659/1999 – Obligation to state reasons
T-473/12, [2015] EUECJ T-473/12, ECLI:EU:T:2015:78
Bailii
European

Updated: 15 July 2021; Ref: scu.542285

Italy v Commission: ECFI 5 Feb 2015

ECJ (Judgment) EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Fruit and vegetables – Processing Sector tomatoes – Aid to producer organizations – Expenditure incurred by Italy – Article 7, paragraph 4 of Regulation ( EC) No 1258/1999 – Article 31 of Regulation (EC) No 1290/2005 – Flat-rate correction ‘
[2015] EUECJ T-387/12, , ECLI: EU: T: 2015: 71
Bailii
Regulation ( EC) No 1258/1999
European

Updated: 15 July 2021; Ref: scu.542289

WB v Commission (Order) C-271/19: ECJ 3 Dec 2019

Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Effects of the mechanism established by Decision 2006/928 / EC on the life of the applicant – Appeal manifestly unfounded
ECLI:EU:C:2019:1037, [2019] EUECJ C-271/19P_CO
Bailii
European

Updated: 15 July 2021; Ref: scu.665539

Politano C-225/15: ECJ 16 Jun 2016

ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the tender and evaluation of the economic and financial capacity – tenderer Exclusion for failure to submit financial and economic capacity certificates issued by two banks – overriding reasons in the general interest – Proportionality – Applicability of Article 47 of Directive 2004/18 / EC
Mr Wahl Nils AG
[2016] EUECJ C-225/15 – O
Bailii
European
Cited by:
Opinion – Politano C-225/15 ECJ 8-Sep-2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement . .

These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.569039

Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO: ECJ 27 Jun 2013

ECJ VAT – Directive 2006/112/EC – Articles 44 and 47 – Place where taxable transactions are deemed to be carried out – Place of supply for tax purposes – Concept of ‘supply of services connected with immovable property’ – Complex cross-border service relating to the storage of goods
[2013] EUECJ C-155/12, [2013] BVC 342, [2013] STI 2473, [2014] STC 131, ECLI:EU:C:2013:434
Bailii
European
Citing:
Opinion – Minister Finansow v Rr Donnelley Global Turnkey Solutions Poland Sp. ZOO ECJ 31-Jan-2013
ECJ Tax legislation – Value added tax – Article 47 of Directive 2006/112/EC – Place where a service is supplied – Service connected with immovable property – Storage of goods . .

These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.564505

Saint Louis Sucre v Directeur general des douanes et droits indirects: ECJ 16 Jun 2016

(Judgment) Reference for a preliminary ruling – Agriculture – Sugar – Production levies – Right to reimbursement – Sugar held in stock and not exported – Undue enrichment – Freedom to conduct a business – Method of calculation
C-96/15, [2016] EUECJ C-96/15, ECLI:EU:C:2016:450
Bailii
European

Updated: 14 July 2021; Ref: scu.565633

Lesar v Telekom Austria AG: ECJ 16 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and Article 2(2)(a) – Article 6(2) – Age discrimination – Determination of pension rights of former civil servants – Periods of apprenticeship and of work – Failure to take into account such periods completed before the age of 18
ECLI:EU:C:2016:451, C-159/15, [2016] EUECJ C-159/15
Bailii
Directive 2000/78/EC
European

Updated: 14 July 2021; Ref: scu.565616

Concal v European Commission: ECJ 27 Jun 2013

ECJ Appeal – Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania – Alleged violations of the right to property by Romanian authorities – Action for failure to act and for damages – Manifest inadmissibility
C-570/12, [2013] EUECJ C-570/12
Bailii
European

Updated: 13 July 2021; Ref: scu.512330

Micsunescu v European Commission: ECJ 27 Jun 2013

ECJ Appeal – Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania – Alleged violations of the right to property by Romanian authorities – Action for failure to act and for damages – Manifest inadmissibility
G. Arestis, P
C-569/12, [2013] EUECJ C-569/12
Bailii
European

Updated: 13 July 2021; Ref: scu.512332

Bezouaoui and HB Consultant v Commission (Judgment): ECFI 13 Jan 2021

State aid – Training in the safe operation of construction machinery – Reimbursement of training in France by approved joint collecting bodies (OPCA) – Decision establishing the absence of State aid – Concept of aid ‘State – Accountability to the State – Public control of resources’
T-478/18, [2021] EUECJ T-478/18, ECLI: EU: T: 2021: 2
Bailii
European

Updated: 11 July 2021; Ref: scu.663917

Belgian State (Elements Posterieurs A La Decision De Transfert): ECJ 15 Apr 2021

Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances subsequent to the transfer decision – Effective judicial protection
[2021] EUECJ C-194/19, ECLI:EU:C:2021:270
Bailii
European
Citing:
Opinion – Belgian State (Elements Posterieurs A La Decision De Transfert) ECJ 15-Apr-2021
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances . .

Cited by:
Opinion – Belgian State (Elements Posterieurs A La Decision De Transfert) ECJ 15-Apr-2021
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances . .

These lists may be incomplete.
Updated: 11 July 2021; Ref: scu.664384

Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise: ECJ 13 Dec 2007

ECJ Value added tax – Derogation under Article 28 of Directive 77/388 – Principle of neutrality Principle of equal treatment Right to obtain a refund of the tax in the event of incorrect interpretation of domestic provisions by the tax authorities Unjust enrichment.
Advocate General Kokott
C-309/06, [2007] EUECJ C-309/06 – O
Bailii
European
Citing:
At CA – Marks and Spencer Plc v Commissioners of Customs and Excise (No 5); Commissioners of Customs and Excise v University of Sussex CA 21-Oct-2003
The company sought to reclaim overpaid VAT.
Held: If the UK government had failed properly to implement the directive, then a person affected had the right to claim the benefit of direct enforceability. However, the directive itself was . .
Decision to refer – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Reference – Marks and Spencer Plc v Customs and Excise HL 12-Jul-2006
Question referred to ECJ. Five questions were referred. . .

Cited by:
Advocate General’s Opinion – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 10-Apr-2008
(Third Chamber of the Court of Justice) Taxation Sixth VAT Directive Exemption with refund of tax paid at the preceding stage Erroneous taxation at the standard rate Right to zero rate Entitlement to refund Direct effect General principles of . .
Advocate General’s opinion – Marks and Spencer Plc v Customs and Excise HL 4-Feb-2009
The taxpayer requested refund of VAT overpaid on chocolate covered cakes. The CandE resisted saying that the money had been substantially already paid by its customers. The case had been referred twice to the ECJ, who answered that the maintenance . .

These lists may be incomplete.
Updated: 10 July 2021; Ref: scu.262919

Mohamed Aziz v Caixa D’Estalvis De Catalunya, Tarragona I Manresa: ECJ 14 Mar 2013

ECJ Directive 93/13/EEC – Consumer contracts – Mortgage loan agreement – Mortgage enforcement proceedings – Powers of the court hearing the declaratory proceedings – Unfair terms – Assessment criteria
A. Tizzano P
C-415/11, [2013] EUECJ C-415/11, ECLI:EU:C:2013:164, [2013] 3 CMLR 89
Bailii
Directive 93/13/EEC
European

Updated: 09 July 2021; Ref: scu.471907

European Commission v Ireland: ECJ 14 Mar 2013

ECJ Failure of a Member State to fulfil obligations – VAT – Reduced rate – Supply of greyhounds and horses not intended for the preparation or production of foodstuffs for human or animal consumption, hire of horses and insemination services – Directive 2006/112/EC – Infringement of Articles 96, 98, read in conjunction with Annex III, and 110
A Rosas, P
C-108/11, [2013] EUECJ C-108/11
Bailii
Directive 2006/112/EC
European

Updated: 09 July 2021; Ref: scu.471903

Valsts Ienemumu Dienests v Ablessio Sia: ECJ 14 Mar 2013

ECJ VAT – Directive 2006/112/EC – Articles 213, 214 and 273 – Identification of taxable persons subject to VAT – Refusal to assign a VAT identification number on the ground that the taxable person is not in possession of the material, technical and financial resources to carry out the declared economic activity – Legality – Countering tax evasion – Principle of proportionality
A Rosas P
C-527/11, [2013] EUECJ C-527/11
Bailii
Directive 2006/112/EC 213 214 273
European

Updated: 09 July 2021; Ref: scu.471912

Agrargenossenschaft Neuzelle Eg v Landrat Des Landkreises Oder-Spree: ECJ 14 Mar 2013

ECJ Common agricultural policy – Regulation (EC) No 73/2009 – Article 7(1) and (2) – Modulation of direct payments granted to farmers – Further reduction in the amount of direct payments – Validity – Principle of the protection of legitimate expectations – Principle of non-discrimination
L Bay Larsen, P
C-545/11, [2013] EUECJ C-545/11, ECLI:EU:C:2013:169
Bailii
Regulation (EC) No 73/2009 7(1)
European

Updated: 09 July 2021; Ref: scu.471898

Lord Inglewood v European Parliament: ECFI 13 Mar 2013

ECFI Rules governing the payment of expenses and allowances to Members of the European Parliament – Additional pension scheme – Decisions rejecting applications seeking to benefit from the provisions in force before the amendment to the additional pension scheme in 2009 – Plea of illegality – Acquired rights – Legitimate expectations – Proportionality – Equal treatment
Pelikanova R
T-229/11, [2013] EUECJ T-229/11
Bailii
European

Updated: 09 July 2021; Ref: scu.471699

IH (S.72; ‘Particularly Serious Crime’) Eritrea: AIT 9 Mar 2009

AIT The presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 that in the circumstances specified a person has been convicted by a final judgment of a ‘particularly serious crime’ for the purposes of Art 33(2) of the Refugee Convention if read as irrebuttable are inconsistent with Art 21.2 of the EU Qualification Directive (Council Directive 2004/83/EC) which gives effect to the autonomous international meaning of Art 33(2) as part of EU law. As a consequence, the presumptions in s.72 must be read as being rebuttable.
[2009] UKAIT 00012
Bailii
Nationality, Immigration and Asylum Act 2002 72, Council Directive 2004/83/EC
England and Wales

Updated: 08 July 2021; Ref: scu.323717

Commission v Germany: ECJ 6 May 2015

ECJ Judgment – Failure to fulfill obligations – State aid incompatible with the internal market – Parcel Service contract – Commission decision – Obligation full recovery of aid and modification of the plan for the future – Action – Article 108, paragraph 2 TFEU – Regulation (EC) No 659/1999 – Article 14, paragraph 3
Mme R. Silva de Lapuerta, P
C-674/13, [2015] EUECJ C-674/13, ECLI: EU: C: 2015: 302
Bailii
Regulation (EC) No 659/1999 14(3), TFEU 108
European

Updated: 22 June 2021; Ref: scu.546459

Innolux v Commission: ECJ 9 Jul 2015

ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of the value of sales to which the infringement relates – Internal sales of the goods concerned outside the EEA – Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned
M. Ilesic, P
C-231/14, [2015] EUECJ C-231/14, ECLI:EU:C:2015:451
Bailii
European

Updated: 22 June 2021; Ref: scu.550002

Minister van Buitenlandse Zaken v K and A: ECJ 9 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2003/86/EC – Article 7(2) – Family reunification – Integration measures – National legislation requiring the family members of a third country national residing lawfully in that Member State to pass a civic integration exam in order to enter the territory of that Member State – Cost of such an exam – Compatibility
C-153/14, [2015] EUECJ C-153/14, ECLI:EU:C:2015:453
Bailii
Directive 2003/86/EC 7(2)
European

Updated: 22 June 2021; Ref: scu.550004

Cabinet Medical Veterinar Tomoiaga Andrei (Judgment): ECJ 9 Jul 2015

Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 273 and 287 – Obligation to register a taxable person for VAT purposes – Whether veterinary services are taxable – Principle of legal certainty – Principle of protection of legitimate expectations
C-144/14, [2015] EUECJ C-144/14, ECLI:EU:C:2015:452
Bailii
Directive 2006/112/EC
European

Updated: 22 June 2021; Ref: scu.549988

Regojo Dans v Consejo de Estado: ECJ 9 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 3 and 4 – Principle of non-discrimination – ‘Non-permanent staff’ – Refusal to grant a three-yearly length-of-service increment – Objective grounds
Ilesic P
C-177/14, [2015] EUECJ C-177/14, ECLI:EU:C:2015:450
Bailii
Directive 1999/70/EC
European

Updated: 22 June 2021; Ref: scu.550008

Commission v France: ECJ 9 Jul 2015

ECJ Judgment – Failure of a Member State to fulfil obligations – State aid – Illegal aid incompatible with the internal market – Obligation of recovery – Absolutely impossible – Compensation for a service additional to the basic service
T von Danwitz, P
C-63/14, [2015] EUECJ C-63/14, ECLI:EU:C:2015:458
Bailii
European

Updated: 22 June 2021; Ref: scu.549990

Trgovina Prizma v Republika Slovenija: ECJ 9 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Taxation – Value-added tax – Sixth Directive 77/388/EEC – Articles 2(1) and 4(1) – Tax liability – Immovable property transactions – Sale of lands assigned to the private assets of a natural person exercising the profession of sole trader – Taxable person acting as such
C-331/14, [2015] EUECJ C-331/14, ECLI:EU:C:2015:456
Bailii
Sixth Directive 77/388/EEC
European

Updated: 22 June 2021; Ref: scu.550010

Nanunana Joachim Hoepp v OHMI – Vincci Hoteles (Nanu): ECFI 9 Jul 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark NANU – Earlier Community word mark NAMMU – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
D. Gratsias (Rapporteur), P
T-89/11, [2015] EUECJ T-89/11, ECLI:EU:T:2015:479
Bailii
Regulation (EC) No 207/2009
European

Updated: 22 June 2021; Ref: scu.550005

Bucura v SC Bancpost SA: ECJ 9 Jul 2015

ECJ Judgment – Preliminary reference – Consumer protection – Directive 87/102 / EEC – Article 1, paragraph 2 a) – Consumer credit – Definition of ‘consumer’ – Directive 93/13 / EEC – Articles 2 b) 3 to 5 and 6, paragraph 1 – Unfair terms – Examination by the national court – Clauses ‘in plain intelligible language’ – Information to be provided by the creditor ‘
C-348/14, [2015] EUECJ C-348/14, ECLI: EU: C: 2015: 447
Bailii
Directive 87/102 / EEC
European

Updated: 22 June 2021; Ref: scu.549986

Salomie And Oltean v Direc?ia Generala a Finantelor Publice Cluj: ECJ 9 Jul 2015

ECJ Judgment – Reference for a preliminary ruling) – Value added tax (VAT) – Directive 2006/112/EC – Articles 167, 168, 179 and 213 – Reclassification by the national tax authority of a transaction as an economic activity subject to VAT – Principle of legal certainty – Principle of protection of legitimate expectations – National legislation making the exercise of the right of deduction subject to the identification of the trader concerned for VAT purposes and to the filing of a tax return in respect of that tax
C-183/14, [2015] EUECJ C-183/14, ECLI:EU:C:2015:454
Bailii
Directive 2006/112/EC
European

Updated: 22 June 2021; Ref: scu.550009

Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs: SC 1 May 2013

The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was granted: ‘The court is satisfied that it should grant the declaration sought, the relevant breach of article 13 having been clearly established. The fact that the breach has been conceded is not, in the court’s view, a sufficient reason for declining to grant a declaration, where there are no other discretionary bars to the grant of relief. Such an order is appropriate both as a formal statement of the legal position, and also to make clear that, regardless of arguments about the effect of articles 22 and 23, the way is open to immediate enforcement action at national or European level. ‘
Lord Hope, Deputy President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2013] UKSC 25
Bailii, Bailii Summary
Directive 2008/50/EC
England and Wales
Citing:
At First instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .

Cited by:
See Also – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Reference from – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 28-Nov-2013
Expedited procedure . .
Reference from – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 19-Nov-2014
ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality . .

These lists may be incomplete.
Updated: 19 June 2021; Ref: scu.503499

Spencer v Secretary of State for Work and Pensions, Moore v Similar: CA 1 Jul 2008

Frankovich claim – arises with measurable loss

Each claimant sought Frankovich damages alleging a failure to implement European law leading to a loss.
Held: Such a claim was available against the government after it had failed to implement the Directive so as to provide them with the required remedy. Such a claim arose as soon as measurable damage arose, and therefore Mr Spencer’s claim was now out of time.
Waller VP Carnwath, Stanley Burnton LJJ
[2008] EWCA Civ 750, Times 24-Jul-2008, [2008] IRLR 911, [2008] PIQR P21, [2008] Eu LR 779, [2008] CP Rep 40, [2009] QB 358, [2008] ICR 1359, [2008] 3 CMLR 15, [2009] RTR 5, [2009] 1 All ER 314, [2009] 2 WLR 593
Bailii
Council Directive 89/391/EEC (OJ 1989 L183/1) 6, Management of Health and Safety at Work Regulations (SI 1992 No 2051)
England and Wales
Citing:
Cited – DW Moore and Co Ltd v Ferrier CA 1988
moore_ferrierCA1988
A solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance broking business carried on by a company. His instructions called for the new director to enter into a restrictive covenant . .
Cited – Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) HL 27-Nov-1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. . .
Cited – Knapp v Ecclesiastical Insurance Group Plc and Another CA 30-Oct-1997
A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure.
Held: The claimant . .
Cited – Francovich v Italy ECJ 9-Nov-1995
ECJ Council Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer is to be interpreted as applying to all . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.270534

King v T Tunnock Limited: IHCS 2000

The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation under regulation 17(6) to be assessed by reference to the value of the agency at the date of termination rather than on the basis of any future economic loss. He argued that compensation should be assessed without regard to events occurring after the date of termination and that when assessing the amount of compensation to which he was entitled the court should follow the established practice of the French courts in awarding two years’ gross commission.
Held: The agent was entitled to receive compensation for the loss of his business. Even in France the two years’ commission rule is only a benchmark and the court had to examine the particular circumstances of the case. Earning potential was an important factor in valuing an agency and there might be cases in which it would be necessary to adduce evidence of the valuation of agencies in the particular local market. There was no such evidence here and the court commented on the limited evidence before it as to the value of the business. Having regard to the duration and previous profitability of the agency the claimant would have expected to receive a capital sum equal to at least two years’ earnings in order to give it up and held that an award of that amount would not be unreasonable.
Lord Caplan
[2000] Eur LR 531, [2000] SLT 744, [2000] ScotCS 70, 2000 SC 424
Bailii
Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653 17
Scotland
Cited by:
Cited – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .
Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Disapproved – Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Cited – Barret Mckenzie and Co Ltd v Escada (UK) Ltd QBD 1-Feb-2001
The court considered the method of calculation of compensation payable to a commercial agent on termination of the agency. The directive provided that the agent should be compensated, not indemnified, and the way an English court calculated . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.179835

Optident Limited; Ultradent Products Inc v Secretary of State for Trade and Industry and Secretary of State for Health: CA 1 Jul 1999

Bodies set up to decide upon the regulation of medical devices did not have competence to decide whether an article was itself a medical device rather than a cosmetic. That issue is for the national courts. They could only decide upon the issues provided for by the Directive, and not whether the Directive applied.
Times 28-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1737
Council Directive 93/42/EEC on Medical Devices
England and Wales

Updated: 14 June 2021; Ref: scu.146652

Duffen v Fra Bo Spa: CA 30 Apr 1998

The plaintiff had been appointed as an exclusive sales agent for the defendant for a minimum period of four years. The defendants terminated it eighteen months early claiming fraudulent misrepresentation.
Held: The clause setting the damages claim was a penalty clause and was unenforceable. The termination of the agency gave rise to a claim additional to the statutory claim. A commercial agent whose contract had been terminated within the regulations was entitled to augment the common law damages due to him with the sums due to him by virtue of the Commercial Agents Regulations. The right approach was to look at net earnings which might have made during the remainder of the period for which his agency would have run had it not been terminated prematurely, but without taking into account common law concepts such as avoided loss and mitigation. An award based on gross earnings would give the agent an undeserved windfall. The judge awarded compensation for loss of future earnings, ignoring the ordinary rules of mitigation.
Otton LJ
Times 15-Jun-1998, [1998] EWCA Civ 748, [2000] EuLR 167, [1999] ECC 58
Bailii
Commercial Agents (Council Directive) Regulations 1993 No 3053
England and Wales
Citing:
Applied – Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd HL 1-Jul-1914
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, . .
Cited – Philips (Hong Kong) Ltd v The Attorney General of Hong Kong PC 9-Feb-1993
After referring to two Australian cases on penalty clauses in contracts: ‘These statements assist by making it clear that the court should not adopt an approach to provisions as to liquidated damages which could, as indicated earlier, defeat their . .
Cited – Export Credits Guarantee Department v Universal Oil Products HL 1983
A contract provided for the payment of a stated sum by one party to the contract (A) to the other party (B) in the event of the non-performance by A of one of more contractual obligations owed by A not to B himself but to C, who was not a party to . .

Cited by:
Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .

These lists may be incomplete.
Updated: 11 June 2021; Ref: scu.144226

J Varney and Sons Waste Management Ltd. v Hertfordshire County Council: CA 21 Jun 2011

The claimant appealed against rejection of its claim for damages after alleging breach by the respondents of the 2006 Regulations.
Rix, Hooper, Stanley Burnton LJJ
[2011] EWCA Civ 708, [2011] 3 CMLR 35, [2011] BLGR 770, [2012] PTSR 670
Bailii
Public Contracts Regulations 2006 47(6)
England and Wales

Updated: 09 June 2021; Ref: scu.441051

Shiner and Another, Regina (on The Application of) v Revenue and Customs: CA 25 Jul 2011

The claimants sought judicial review of taxation changes which they described as the ‘extreme, unfair and unprecedented retrospective effect’ of legislation overriding all double taxation treaties so as to bring into charge to tax in the UK any share of the income of an overseas firm to which a UK resident is entitled. It was claimed that the changes caused serious concern and potential hardship to the claimants.
Held: Review refused.
Mummery, Sullivan, Tomlinson LJJ
[2011] EWCA Civ 892, [2011] STC 1878, 14 ITL Rep 113, [2011] STI 2305, [2011] BTC 444
Bailii
Finance Act 2008 58
England and Wales

Updated: 02 June 2021; Ref: scu.442162

Roquette Freres Sa v Commission (Competition) French Text: ECFI 27 Sep 2006

ECJ Competition – Agreements, decisions and concerted practices – Sodium gluconate – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principle of proportionality – Equal treatment – Ne bis in idem principle
T-322/01, [2006] EUECJ T-322/01, [2006] EUECJ T-322/01
Bailii, Bailii

Updated: 31 January 2021; Ref: scu.245152