ECFI Community trade mark – Invalidity proceedings – Community word mark AK 47 – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) and Article 52, paragraph 1, sub a) of Regulation (EC) No. 207/2009.
T-419/09, [2011] EUECJ T-419/09
Updated: 04 September 2022; Ref: scu.431344
ECJ Indirect taxation – Excise duty levied in breach of national law of the Union – Impact of tax by the taxpayer on its customers – Requests for refund and / or damages against the Crown by the person who has economic burden.
C-94/10, [2011] EUECJ C-94/10
European
Cited – Danfoss And Sauer-Danfoss ECJ 20-Oct-2011
ECJ Indirect taxes – Excise duties on mineral oils – Incompatibility with European Union law – Non-repayment of excise duty to purchasers of goods to whom the excise duty has been passed on . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 September 2022; Ref: scu.431346
ECJ Appeals – State aid – Commission decision – Finding that aid is incompatible with the common market – Order for recovery of aid – Principles of legal certainty and non-retroactivity – Principle of the protection of legitimate expectations – Determination of the ‘appropriateness’ of the interest rate applicable to the recovery of aid.
C-369/09, [2011] EUECJ C-369/09
Updated: 04 September 2022; Ref: scu.431358
ECFI Community trade mark – Invalidity proceedings – Community word mark AK 47 – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) and Article 52, paragraph 1, sub a) of Regulation (EC) No. 207/2009.
T-503/09, [2011] EUECJ T-503/09
Updated: 04 September 2022; Ref: scu.431345
ECJ (Environment And Consumers) Failure to fulfill obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Selection Criteria – Determination of Thresholds – Size of the project.
[2011] EUECJ C-435/09
Updated: 04 September 2022; Ref: scu.431341
ECFI State aid – Aid to the airport Leipzig-Halle – Investment financing for the construction of the new runway – Decision declaring the aid compatible with the common market – Action for annulment – No legal interest to act – Inadmissibility – Concept of undertaking – Concept of economic activity – Airport Infrastructure.
T-443/08, [2011] EUECJ T-443/08
Updated: 04 September 2022; Ref: scu.431353
ECJ (Law Relating To Undertakings) Failure to fulfill obligations – Directive 2007/36/EC – Exercise of certain rights of shareholders in listed companies – Failure to transpose within the prescribed period.
[2011] 2 CMLR 50, [2011] ECR I-1915, [2011] EUECJ C-375/10
Updated: 04 September 2022; Ref: scu.431343
The court was asked whether the demolition of a building could fall within the Directive and require an Environmental Impact Assessment.
[2011] EWCA Civ 334
England and Wales
Updated: 04 September 2022; Ref: scu.431250
ECJ Opinion – Food and feed GM – National measures prohibiting or suspending the use and / or sale of these products under the authorization of placing on the market – Jurisdiction of national authorities to adopt such measures.
Mengozzi AG
C-58/10, [2011] EUECJ C-58/10
Updated: 04 September 2022; Ref: scu.430787
ECFI Access to documents – Regulation (EC) No 1049/2001 – Document concerning an ongoing legislative procedure – Partial refusal of access – Action for annulment – Period allowed for bringing proceedings – Admissibility – Disclosure by a third party – Interest in bringing proceedings not lost – Identification of the Member State delegations which made proposals – Exception relating to the protection of the decision-making process.
T-233/09, [2011] EUECJ T-233/09
Updated: 04 September 2022; Ref: scu.430783
ECFI Competition – Cartels – System of collection and recycling of used packaging in Austria – Agreements for the collection and sorting containing exclusivity clauses – Decision individual exemption – Obligations imposed – Principle of proportionality.
T-419/03, [2011] EUECJ T-419/03
Updated: 04 September 2022; Ref: scu.430784
ECFI Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
T-486/07, [2011] EUECJ T-486/07
Regulation (EC) No 207/2009) 8(1)(b)
Updated: 04 September 2022; Ref: scu.430785
ECFI Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan for the allocation of emission allowances for Latvia for the period from 2008 to 2012 – Three-month time-limit – Article 9(3) of Directive 2003/87
T-369/07, [2011] EUECJ T-369/07
Updated: 04 September 2022; Ref: scu.430786
ECFI Community trade mark – Opposition proceedings – Application for Community figurative GOLD MEISTER – Marks National and Community word marks MEISTER – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009.
T-372/09, [2011] EUECJ T-372/09
Regulation (EC) No 207/2009 8.1(b)
Updated: 04 September 2022; Ref: scu.430728
ECJ Fixed-term employment contract – Directive 1999/70/EC – Equal treatment in employment and occupation – Role of the national court.
C-109/09, [2011] EUECJ C-109/09
Updated: 04 September 2022; Ref: scu.430711
ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.
[2011] EUECJ C-501/09
Updated: 04 September 2022; Ref: scu.430699
ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.
K. Lenaerts, P
[2011] EUECJ C-497/09, [2011] STC 1221, [2011] STI 745
Sixth Directive 77/388/EEC 5 6
Updated: 04 September 2022; Ref: scu.430697
ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.
C-502/09, [2011] EUECJ C-502/09
Updated: 04 September 2022; Ref: scu.430700
ECJ Appeal – Community trade mark – Sign composed exclusively of numerals – Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers – Allegedly descriptive character of that sign – Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 – Obligation on OHIM to take into account its previous decision-making practice.
C-51/10, [2011] EUECJ C-51/10
Updated: 04 September 2022; Ref: scu.430693
ECJ Taxation – VAT – Sixth Directive 77/388/EEC – Articles 5 and 6 – Classification of a commercial activity as a ‘supply of goods’ or a ‘supply of services’ – Supply of food or meals for immediate consumption from snack stalls or mobile snack bars – Supply in a cinema of popcorn and tortilla chips (nachos) for immediate consumption – Party catering service – Annex H, category 1 – Interpretation of the term ‘foodstuffs’.
[2011] EUECJ C-499/09
Updated: 04 September 2022; Ref: scu.430698
Interlocutory appeal raising a jurisdictional issue connected with the relatively new ‘cartel’ offence created by section 188 Enterprise Act 2002.
Hughes LJ, David Clarke J, Morris QC J
[2009] EWCA Crim 2575, [2010] Lloyd’s Rep FC 206, [2010] UKCLR 1, [2010] 1 Cr App R 16, [2010] Bus LR 748, [2010] 2 All ER 728, [2010] 1 Cr App Rep 16, [2010] Crim LR 494
Enterprise Act 2002 188, Council Regulation (EC) No 1/2003
England and Wales
Updated: 04 September 2022; Ref: scu.383795
ECJ Judgment – Appeal – European Transport Network – financial aid – Closure – Decision declaring ineligible certain costs and establishing the final tally – Article 263, fourth paragraph TFEU – Action for annulment – Challengeable act – Standing – No one other than the recipient of the Contest
C-281/14, [2016] EUECJ C-281/14, ECLI: EU: C: 2016: 44
European
Updated: 03 September 2022; Ref: scu.559485
Renewed application for permission to bring a claim for judicial review of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013.
Lewis J
[2013] EWHC 2858 (Admin)
Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013
England and Wales
At Admn – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.601147
ECJ Judgment – Reference for a preliminary ruling – Customs union – Community Customs Code – Article 29(1)(d) – Determination of the customs value – Regulation (EEC) No 2454/93 – Article 143(1)(h) – Definition of ‘related persons’ for the purposes of determining the customs value – Kinship relationship between the buyer, a natural person, and the director of the company which sold the goods)
C-430/14, [2016] EUECJ C-430/14, ECLI:EU:C:2016:43
European
Updated: 03 September 2022; Ref: scu.559490
ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) and (5) – Word mark Carrera – Opposition by the proprietor of the national and Community word marks CARRERA – Likelihood of confusion – Reputation acquired by the earlier mark
C-50/15, [2016] EUECJ C-50/15, ECLI:EU:C:2016:34
European
Updated: 03 September 2022; Ref: scu.559472
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy
C-439/14, [2016] EUECJ C-439/14, ECLI:EU:C:2016:688
European
Cited – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.569385
ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark Spokey – Earlier Community word mark SPOOKY – Declaration of partial invalidity – Article 53, paragraph 1 a) of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009 – Examination of evidence – Article 76, paragraph 1 of Regulation No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009
T-846/14, [2016] EUECJ T-846/14, ECLI:EU:T:2016:24
European
Updated: 03 September 2022; Ref: scu.559488
T-721/15, [2017] EUECJ T-721/15
European
Updated: 03 September 2022; Ref: scu.584266
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001- Article 6(2) – Jurisdiction – Action on a warranty or guarantee or other third party proceedings brought by a third party against a party to judicial proceedings before the court seised of the original proceedings
L. Bay Larsen, P
C-521/14, [2016] EUECJ C-521/14, ECLI:EU:C:2016:41, [2016] WLR(D) 18
Regulation (EC) No 44/2001 692)
European
Updated: 03 September 2022; Ref: scu.559487
Unison brought two challenges to rules brought in to impose fees for the bringing of cases in the Employment Tribunal.
Held: The appeals were dismissed. The imposition of a fee would not constitute an interference with the right of effective access to a tribunal under EU law unless it made it impossible in practice to access the tribunal. That depended on whether the fee was unaffordable, and not on whether the payment of the fee would be a sensible use of money.
Underhill LJ saw no safe basis for ‘an inference that the decline [in the number of claims] cannot consist entirely of cases where potential claimants could realistically have afforded to bring proceedings but have made a choice not to’ Only evidence of the actual affordability of the fees in the financial circumstances of typical individuals could enable the court to reach a reliable conclusion that the fees were realistically unaffordable in some cases (ibid). Underhill LJ also rejected the arguments based on the Public Sector Equality Duty and the discrimination ground.
Moore-Bick VP CA, Davis, Underhill LJJ
[2015] EWCA Civ 935, [2015] WLR(D) 370, [2016] 1 CMLR 25, [2016] ICR 1, [2015] IRLR 911, [2016] 4 All ER 25
Tribunals, Courts and Enforcement Act 2007
England and Wales
Appeal from – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
Appeal from – Unison (No 2), Regina (on The Application of) v The Lord Chancellor Admn 17-Dec-2014
The union sought to challenge by judicial review the systems for charges for court fees for claims brought before the employment tribunals.
Held: The challenge failed. On the evidence now available (and not available on the first challenge) . .
Appeal From – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.551704
The union sought to challenge by judicial review the systems for charges for court fees for claims brought before the employment tribunals.
Held: The challenge failed. On the evidence now available (and not available on the first challenge) the Order did not breach the principle in European law that citizens be given effective access to the courts, and nor ws their indirect discrimination against women.
Elias LJ, Foskett J
[2014] EWHC 4198 (Admin), [2015] 2 CMLR 4, [2015] ICR 390, [2014] WLR(D) 543, [2015] IRLR 99
Tribunals Courts and Enforcement Act 2007 42
England and Wales
See Also – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
Appeal from – Unison, Regina (on The Application of) v The Lord Chancellor CA 26-Aug-2015
Unison brought two challenges to rules brought in to impose fees for the bringing of cases in the Employment Tribunal.
Held: The appeals were dismissed. The imposition of a fee would not constitute an interference with the right of effective . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.540231
[2013] EWCA Civ 225
England and Wales
Updated: 03 September 2022; Ref: scu.472880
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the extent that it made access to the courts either virtually impossible or even excessively difficult. The claim itself was premature, because it was wrong to reach a decision on the impact of the Fees Order on the basis of predictions rather than wait until it was possible to see what its effect had been in practice.
Moses LJ, Irwin J
[2014] ICR 498, [2014] IRLR 266, [2014] WLR(D) 57, [2014] EWHC 218 (Admin), [2014] Eq LR 215
Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, Courts and Tribunals Fee Remissions Order 2013
England and Wales
Cited – Levez v T H Jennings (Harlow Pools) Ltd ECJ 1-Dec-1998
Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer.
Held: Availability of other means of redress was not sufficient to displace this rule.
Cited – Coote v Granada Hospitality Ltd ECJ 22-Sep-1998
coote_granadaECJ1998
The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation.
Held: The state has a duty to protect workers against retaliation after . .
Cited – Cofidis SA v Jean-Louis Fredout ECJ 21-Nov-2002
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Action brought by a seller or supplier – National provision prohibiting the national court from finding a term unfair, of its own motion or following . .
Cited – Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another ECJ 28-Mar-2000
The social purposes of the Treaty in article 119 (141 EC) overrode the economic aims of the Treaty. Accordingly the article did not preclude a requirement upon a member state which imposed obligations to satisfy that social aim, even though it migt . .
Cited – Podbielski And Ppu Polpure v Poland ECHR 26-Jul-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
Cited – Weissman And Others v Romania ECHR 2-Dec-2011
The Court found violations of the Convention concerning lack of access to a court and the breach of the applicant’s rights to peaceful enjoyment of their possession (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1) (see details . .
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 . .
See Also – Unison (No 2), Regina (on The Application of) v The Lord Chancellor Admn 17-Dec-2014
The union sought to challenge by judicial review the systems for charges for court fees for claims brought before the employment tribunals.
Held: The challenge failed. On the evidence now available (and not available on the first challenge) . .
Appeal from – Unison, Regina (on The Application of) v The Lord Chancellor CA 26-Aug-2015
Unison brought two challenges to rules brought in to impose fees for the bringing of cases in the Employment Tribunal.
Held: The appeals were dismissed. The imposition of a fee would not constitute an interference with the right of effective . .
At Admn (1) – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.521079
ECFI Public service contracts – Tender procedure – Provision of IT and user support services relating to the Community emissions trading scheme – Rejection of bid – Award criteria – Obligation to state the reasons on which the decision is based – Manifest error of assessment – Equal treatment – Transparency.
T-589/08, [2011] EUECJ T-589/08
European
Updated: 03 September 2022; Ref: scu.430339
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Rights of the defence – Duty to state the reasons on which the decision is based – Whether answerable for the infringement – Duration of the infringement – Fines – Joint and several liability for payment of a fine – Aggravating circumstances – Role of leader – Mitigating circumstances – Cooperation.
[2011] EUECJ T-117/07
European
Updated: 03 September 2022; Ref: scu.430326
ECJ Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Customs duties – Relief – Pharmaceutical substances – Composition – Restrictions.
C-11/10, [2011] EUECJ C-11/10
Updated: 03 September 2022; Ref: scu.430214
ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the granting of international protection – No appeal against the decision to submit the request for an expedited procedure – Right to effective judicial review.
C-69/10, [2011] EUECJ C-69/10
Opinion – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 28-Jul-2011
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2022; Ref: scu.430223
The claimant said that the defendant, in awarding a contract for the disposal of waste, had infringed the regulations constituting public procurement law.
Arden, Rimer, Elias LJJ
[2011] EWCA Civ 156
England and Wales
Updated: 03 September 2022; Ref: scu.430048
The Claimants argued that provisions of UK corporate tax legislation were incompatible with a fundamental freedom conferred by the EC Treaty.
Arden, Rimer, Stanley Burnton LLJ
[2011] EWCA Civ 127
England and Wales
Updated: 02 September 2022; Ref: scu.429649
CJEU Directive 92/81/EEC Excise duty on mineral oils Article 2(2) and (3) and Article 8(1)(a) Directive 2003/96/EC Taxation of energy products and electricity Article 2(2), (3) and (4)(b) Scope Fuel additives which are mineral oils or energy products but are not used as motor fuel National taxation regime.
C-517/07, [2008] EUECJ C-517/07, ECLI:EU:C:2008:751
European
Cited – Afton Chemicals Ltd v Revenue and Customs Excs 4-May-2007
Excise Duty – Whether additives to motor fuel produced from ‘mineral products’ are subject to Excise Duty, as motor fuel, under the 1992 and 2003 Community Directives – whether such additives could be taxed under the UK domestic legislation if the . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 September 2022; Ref: scu.279118
ECJ Grand Chamber – Fixed-term employment – Directive 1999/70/EC – Framework agreement on fixed-term work – Abuse through use of successive fixed – term employment contracts – Civil and public servants – Employment conditions – Pay and pension entitlements – Direct effect of directives – Interpretation in conformity with a directive – Procedural autonomy – Referring court’s doubts as to its jurisdiction in respect of claims based directly on Community law.
V Skouris, P
C-268/06, [2008] EUECJ C-268/06, [2008] IRLR 552, ECLI:EU:C:2008:223, [2009] All ER (EC) 306, [2008] 2 CMLR 47, [2008] ECR I-2483, [2008] Pens LR 323
European
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 – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 September 2022; Ref: scu.263464
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 within Article 7 of the Directive or within the Database Regulations. The final list was what mattered and was something different in character. What went before, even though it may have involved selection, did not qualify the list for sui generis right.
Jacob LJ said: ‘So far as BHB’s database consists of the officially identified names of riders and runners, it is not within the sui generis right of Art.7(1) of the Directive. And I think the same reasoning applies in those cases (big races) where the BHB publishes a list of provisional runners prior to final declarations. Again what is published is different in character from a mere list of gathered in information. It is a list of horses that BHB have accepted as qualifying to race – as properly and actually entered.’
Pill, Clarke, Jacob LJJ
[2005] EWCA Civ 863, [2005] RPC 35
England and Wales
Appeal from – British Horseracing Board Ltd v William Hill Organisation Ltd PatC 9-Feb-2001
The defendants received data, prepared and distributed by the claimants, regarding horse races, and incorporated the information into their web pages as part of a betting service. There might have been other, indirect, ways of obtaining the same . .
See Also – British Horseracing Board Ltd and Others v William Hill Organization Ltd CA 31-Jul-2001
The Board had established a database of information about horse racing. It was costly. The defendants recovered the information from a licensed user, and used it for its own business purposes. It was not suggested that the licensee had any right to . .
At ECJ – 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 – Attheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
Cited – Attheraces Ltd and Another v The British Horseracing Board Ltd and Another CA 2-Feb-2007
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 September 2022; Ref: scu.228478
[2004] EWCA Civ 1867
Council Regulation (EC) No 1347/2000
England and Wales
Updated: 02 September 2022; Ref: scu.226845
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd.
Lord Menzies
[2011] ScotCS CSOH – 22
Public Contracts (Scotland) Regulations 2006 47A91)(b)(I), Directive 2004/18/EC
Scotland
Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-May-2012
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. . .
Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 21-Mar-2013
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. . .
Outer House – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2022; Ref: scu.428685
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark Oyster cosmetics – Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8(1)(b) of Regulation (EC) No 207/2009.
T-437/09, [2011] EUECJ T-437/09
Updated: 01 September 2022; Ref: scu.428500
ECFI Community trade mark – Opposition proceedings – Application for Community word mark LINEAS AEREAS DEL MEDITERRANEO LAM – Earlier Community word and figurative marks LAN – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
T-194/09, [2011] EUECJ T-194/09
Updated: 01 September 2022; Ref: scu.428499
ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal protection of services based on conditional access – Illicit access device – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Communication to the public – Directive 93/83/EEC – Coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission – Free movement of goods – Freedom to provide services – Competition – Article 101(1) TFEU – Concerted practices – Practice having the object of preventing, restricting or distorting competition – Criteria for assessing the anti’competitive object of a practice.
Kokott AG
C-403/08, [2011] EUECJ C-403/08
Directive 93/83/EEC, Directive 2001/29/EC, Directive 98/84/EC
Order – Football Association Premier League and Others v QC Leisure ECJ 16-Dec-2009
ECJ (Order) REFERENCES for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench . .
See Also – Football Association Premier League Ltd and others v QC Leisure and others ChD 24-Jun-2008
Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches. . .
See Also – Football Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
See Also – Football Association Premier League Ltd and Others v QC Leisure and Others ChD 3-Feb-2012
The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2022; Ref: scu.428493
ECJ (Freedom To Provide Services) Failure to fulfill obligations – Article 49 EC – Freedom to provide services – Non-reimbursement of costs related to analysis and laboratory testing in Member States other than the Grand Duchy of Luxembourg – National legislation not providing for their management charge as a reimbursement of costs advanced for such examinations and tests – National legislation making the management of health care benefits to compliance with requirements of this regulation.
[2011] EUECJ C-490/09
European
Updated: 01 September 2022; Ref: scu.428406
The court was asked whether the claimant, a volunteer worker with the respondent had the protection of the 1995 Act in that work as a worker, despite nnot being employed.
Rix, Elias, Tomlinson LJJ
[2011] EWCA Civ 28, (2011) 118 BMLR 147, [2011] ICR 460, [2011] 2 CMLR 18, [2011] Eq LR 309, [2011] IRLR 335
Disability Discrimination Act 1995, Directive 2000/78/EEC
England and Wales
Appeal from – X v Mid Sussex Citizens Advice Bureau and Another EAT 30-Oct-2009
EAT DISABILITY DISCRIMINATION: Exclusions/jurisdictions
The Employment Judge did not err in finding that the Appellant, a volunteer worker with the CAB, was not entitled by the DDA to claim disability . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2022; Ref: scu.428316
ECJ Opinion – Freedom of movement of persons – Freedom of establishment – Law on controlled foreign companies – Attribution to the parent company of the profits of its subsidiary established in another Member State as those profits arise – Obstacle – Justification – Counteraction of tax avoidance.
Leger AG
[2006] STC 1908, [2006] EUECJ C-196/04, [2006] EUECJ C-196/04O
European
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2022; Ref: scu.241418
ECJ Civil service – ECB Staff – Retroactive extension of the probationary period – Decision to end the contract during the probationary period – Disciplinary proceedings
S Van Raepenbusch, P
F-78/11, [2013] EUECJ F-78/11
European
Updated: 31 August 2022; Ref: scu.512153
ECJ Appeal – Community trade mark – Figurative mark containing the word element ‘BASKAYA’ – Opposition – Bilateral convention – Territory of a non-Member State – ‘Genuine use’
C-445/12, [2013] EUECJ C-445/12
European
Updated: 31 August 2022; Ref: scu.518971
ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Conditions for exercising a right of access – Levying of excessive fees
C.G. Fernlund R, P
C-486/12, [2013] EUECJ C-486/12
European
Updated: 31 August 2022; Ref: scu.518972
C-411/12, [2013] EUECJ C-411/12
European
Updated: 31 August 2022; Ref: scu.519475
[2011] EWCA Civ 16
Accession (Immigration and Worker Registration) Regulations 2004
England and Wales
Updated: 31 August 2022; Ref: scu.428066
Newey J
[2011] EWHC 15 (Ch)
EC Regulation on Insolvency Proceedings 1346/2000
England and Wales
Updated: 31 August 2022; Ref: scu.428079
ECJ Freedom to provide services – Article 49 EC – Contractor established in a Member State – Recourse to contracting partners established in the same Member State – Purely internal situation – Inadmissibility of the reference for a preliminary ruling.
C-245/09, [2010] EUECJ C-245/09
Updated: 31 August 2022; Ref: scu.427718
ECFI Community trade mark – Invalidity proceedings – Community word marks BOTOLIST and BOTOCYL – Earlier national figurative and word marks BOTOX – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009) – Obligation to state the reasons on which the decision is based – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).
T-345/08, [2010] EUECJ T-345/08
Updated: 31 August 2022; Ref: scu.427721
ECJ Citizenship of the Union – Principle of non-discrimination on grounds of nationality – Freedom of movement and residence – Articles 12 EC and 18 EC – Principle of equal treatment between persons irrespective of racial or ethnic origin Ethnic – Directive 2000/43 – Legislation of a Member State imposing the transcript of the first names and surnames of people with exclusive use of the characters in the official language of that state in acts of civil status drawn up by him – Transcript of first names and names of persons from another Member State.
C-391/09, [2010] EUECJ C-391/09, [2011] EUECJ C-391/09
European
Updated: 31 August 2022; Ref: scu.427723
ECJ Public service contracts – Directive 2004/18/EC – Mixed contract – Contract concluded between a contracting authority and a private company independent of it – Establishment, on an equal basis, of a joint venture to provide health care services – Undertaking by the partners to purchase health care services for their staff from the joint venture for a transitional period of four years.
C-215/09, [2010] EUECJ C-215/09
Updated: 31 August 2022; Ref: scu.427714
ECJ Regulation (EC) No 729/2004 – Classification of the product ‘walker-rollator’ in the Combined Nomenclature – Heading 9021 – Heading 8716 – Corrigendum – Validity.
C-273/09, [2010] EUECJ C-273/09
Updated: 31 August 2022; Ref: scu.427719
ECJ Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 3 – Limitation period for bringing proceedings – Time- limit – Sectoral rules – Regulation (EC) No 2571/97 – Different application of the limitation rules in the case of an irregularity committed by the recipient of a subsidy or by the persons with whom the recipient has entered into contracts.
C-131/10, [2010] EUECJ C-131/10
Updated: 31 August 2022; Ref: scu.427689
ECJ Sixth VAT Directive – Right to deduct input VAT – Services provided – Taxable person not registered for VAT – Details required on the VAT invoice – National tax legislation – Exclusion of right to deduct under Article 17(6) of the Sixth VAT Directive.
C-438/09, [2010] EUECJ C-438/09
Updated: 31 August 2022; Ref: scu.427690
ECJ Social Policy – Directive 1999/70/EC – Clause 4 of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Principle of non-discrimination – Application of the framework agreement to the interim staff of an Autonomous Community – National rules establishing different treatment in respect of the award of a length-of-service increment on the basis of the temporary nature of the employment relationship – Obligation to recognise, with retrospective effect, the right to the length-of-service increment.
C-456/09, [2010] EUECJ C-456/09, C-444/09
Updated: 31 August 2022; Ref: scu.427699
ECJ Failure of State – Accession of new states – Authorities marketing of generic drugs corresponding to the reference product Plavix – Decisions conditional authorization to market pharmaceutical products – Violation of the acquis.
C-385/08, [2010] EUECJ C-385/08
Updated: 31 August 2022; Ref: scu.427687
ECFI Community trade mark – Application for three-dimensional CTM – Shape of a bell with red ribbon – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [ now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009].
T-346/08, [2010] EUECJ T-346/08
Updated: 31 August 2022; Ref: scu.427673
ECFI Community trade mark – Application for three-dimensional CTM – Shape of a bell with red ribbon – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [ now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009].
T-336/08, [2010] EUECJ T-336/08
Regulation (EC) No 207/2009 7(1)(b)
Updated: 31 August 2022; Ref: scu.427670
ECJ Opinion – Appeal – Admissibility of the action at first instance – Action by a Member State against the Commission’s decision declaring that constitutes State aid compatible with the common market a national measure notified under Article 88 EC – Aid to State – Definition – Selectivity – Advantage financed through State resources – emission trading system for nitrogen oxides
Mengozzi AG
C-279/08, [2010] EUECJ C-279/08, ECLI:EU:C:2010:799
Opinion – Commission v Netherlands (State Aid) ECJ 8-Sep-2011
ECJ Appeal – State aid – Article 87(1) EC – Emission trading scheme for nitrogen oxides – Classification of the national measure as State aid – Decision declaring aid to be compatible with the common market – . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427686
ECFI Community trade mark – Application for three-dimensional CTM – Shape of a chocolate bunny – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009] – Lack of distinctiveness acquired through use – Article 7, paragraph 3 of Regulation No 40/94 (now Article 7 Paragraph 3 of Regulation No 207/2009).
T-395/08, [2010] EUECJ T-395/08
Updated: 31 August 2022; Ref: scu.427671
ECFI Community trade mark – Application for three-dimensional CTM – Shape of a reindeer chocolate – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009]
T-337/08, [2010] EUECJ T-337/08
Updated: 31 August 2022; Ref: scu.427672
ECJ TIR Convention – Community Customs Code – Transport carried out under cover of a TIR carnet – Guaranteeing association – Irregular unloading – Determination of the place of the offence – Recovery of import duties.
C-488/09, [2010] EUECJ C-488/09
Updated: 31 August 2022; Ref: scu.427665
[2011] BTC 56, [2011] STC 872, [2011] STI 255, [2010] EWCA Civ 1480
England and Wales
Updated: 31 August 2022; Ref: scu.427377
ECJ Community trade mark – Invalidity proceedings – Figurative Community trade mark Golden Elephant Brand – Non-registered national figurative mark GOLDEN ELEPHANT – Relative ground for refusal – Reference to the national law governing the earlier mark – Common-law action for passing-off – Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009) – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) – Articles 8(4) and 52(1)(c) of Regulation No 40/94 (now Articles 8(4) and 53(1)(c) of Regulation No 207/2009) – New pleas in law – Article 48(2) of the Rules of Procedure.
T-303/08, [2010] EUECJ T-303/08
Updated: 31 August 2022; Ref: scu.427350
ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to procedures for reviewing State aid – Implied refusals of access – Express refusals of access – Exception concerning protection of the purpose of inspections, investigations and audits – Duty to carry out a concrete, individual examination.
T-509/08, [2010] EUECJ T-509/08
Updated: 31 August 2022; Ref: scu.427343
ECFI Arbitration clause – Contract for the provision of services concerning the organisation of journeys for official trips – Non-performance of the contract – Admissibility – Payment of principal sums due – Late payment interest.
T-460/08, [2010] EUECJ T-460/08
Updated: 31 August 2022; Ref: scu.427319
ECFI Dumping – Imports of iron or steel ropes and cables originating in China, India, South Africa, Ukraine and Russia – Refusal to initiate a partial interim review of the anti-dumping duty imposed.
T-369/08, [2010] EUECJ T-369/08
Updated: 31 August 2022; Ref: scu.427323
ECFI Approximation of laws – Directive 2001/18/EC – National provisions derogating from a harmonisation measure – Commission decision rejecting those provisions – Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC.
[2010] EUECJ T-69/08
European
Updated: 31 August 2022; Ref: scu.427334
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 and 7 – Regulation (EC) No 40/94 (‘Community Trade mark regulation’) – Articles 9 and 13 – Liability of an operator of electronic marketplace for the information it hosts – Directive 2000/31/EC (‘Directive on electronic commerce’) – Article 14 – Member States’ duty to ensure that rightholders are in a position to apply for injunctions against intermediary providers of services used by third parties to infringe those rights – Directive 2004/48/EC (‘Directive on the enforcement of intellectual property rights’) – Article 11 – Freedom of expression – Freedom of Commerce – Directive 76/768 (‘Cosmetics directive’).
Jaaskinen AG
C-324/09, [2010] EUECJ C-324/09 – O
Directive 89/104/EEC, Regulation (EC) No 40/94, Directive 2000/31/EC, Directive 2004/48/EC, Directive 76/768
European
Opinion – 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 – . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427328
Laws, Hooper, Rimer LJJ
[2010] EWCA Civ 1416
England and Wales
At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
See Also – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
At CA – 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.
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.427206
ECJ Opinion – Infringement proceedings – Failure of a Member State to fulfil obligations – Directive 93/37/EEC – Directive 2004/18/EC – Public works contracts – Public service contracts – Public service concession – Public works concession – Land development – Urban planning and development laws in the Valencia region.
Jaaskinen AG
C-306/08, [2010] EUECJ C-306/08
Directive 93/37/EEC, Directive 2004/18/EC
European
Opinion – Commission v Spain (Freedom Of Establishment) ECJ 26-May-2011
ECJ Judgment – Failure of a Member State to fulfil obligations – Directives 93/37/EEC and 2004/18/EC – Procedures for the award of public works contracts – Urban development legislation of the Autonomous . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.424165
ECJ Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 and of Article 17 of Council Regulation (EEC) No 2081/92 – Conflict between a protected geographical indication, registered in accordance with the simplified procedure under Article 17 of Regulation No 2081/92 and an international mark.
C-120/08, [2010] EUECJ C-120/08
European
See Also – Bayerischer Brauerbund 22-Dec-2010
ECJ Reference for a preliminary ruling – Regulations (EEC) No 2081/92 and (EC) No 510/2006 – Temporal application – Article 14 – Registration in accordance with the simplified procedure – Relations between trade . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.424154
Europa Approximation of laws Protection of employees in the event of the insolvency of their employer Directive 80/987/EEC Article 8a Activities carried out in a number of Member States.
C-310/07, [2008] EUECJ C-310/07
European
Updated: 29 August 2022; Ref: scu.277089
CJEU Effective judicial protection of Community law rights – National rules not providing for self-standing application for annulment of national legislation conflicting with Community law – Right to interim relief.
C-432/05, [2007] EUECJ C-432/05
European
Opinion – Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 13-Mar-2007
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.246852
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany.
Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for damages and for delivery up against Mrs Mazur under the Share Sale Agreement; (b) it will also have jurisdiction to determine Mazur Ltd’s claim against Mazur GmbH to title to the Masters under the Assignment and for delivery up, subject to the determination of the issue as to whether Mazur Ltd has an arguable case for a term to be implied by business efficacy principles or by custom; (c) there is no substantive or jurisdictional basis for Apex’s claim for a declaration that it has title to the Masters; (d) the court does not have jurisdiction over the tortious claims against any of the Defendants, nor over the claims against them (other than Mrs Mazur) for delivery up; and (e) there will be no stay in relation to those claims against Mazur GmbH over which the English court has jurisdiction.
The Honourable Mr Justice Collins
[2004] EWHC 1566 (Ch), Times 29-Jul-2004, [2005] 1 Lloyd’s Rep 41, [2004] 1 WLR 2966
Council Regulation (EC) No. 44/2001, Insolvency Act 1986 130(2)
England and Wales
Cited – Kalfelis v Bankhaus Schroder, Munchmeyer, Hengst and Co and others ECJ 27-Sep-1988
ECJ For Article 6(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought . .
Cited – Marinari v Lloyd’s Bank ECJ 19-Sep-1995
A ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss.
Europa The term ‘place where the harmful event occurred’ in Article 5(3) of the . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Reichert and Kockler v Dresdner Bank ECJ 26-Mar-1992
The case concerned article 16(5) of the Brussels Convention, among other articles.
Held: It is necessary to take account of the fact that the essential purpose of the exclusive jurisdiction of the courts of the place in which the judgment has . .
Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – Reunion Europeenne Sa and Others v Spliethoff’s Bevrachtingskantoor Bv and Another ECJ 27-Oct-1998
French consignees of a shipment of peaches sued in France the Australian issuers of the bill of laiding under which the goods were carried (a contract claim) and the Dutch carriers and master of the ship in which they were carried (tort claims).
Cited – Handelskwekerij G. J. Bier BV v Mines de potasse d’Alsace SA ECJ 30-Nov-1976
Europa A discharge into the French part of the Rhine of saline waste caused alleged damage to the horticultural business of the first plaintiff, and to the waters of the Rhine in general in the Netherlands.
Cited – Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA ECJ 7-Mar-1995
On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention . .
Cited – Dumez France SA and Tracoba SARL v Hessische Landesbank and others ECJ 11-Jan-1990
ECJ The expression ‘place where the harmful event occurred’ contained in Article 5(3 ) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters may . .
Cited – International Factors v Rodriguez CA 1978
(Majority) Cheques were made payable to a company which had entered into a factoring agreement with the plaintiffs. The cheques were sent to the company in settlement of debts owed to the company but which had been assigned to the plaintiffs. The . .
Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) CA 19-Dec-1997
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights . .
Cited – Domicrest Ltd v Swiss Bank Corporation QBD 7-Jul-1998
An English claimant sued a Swiss bank for a negligent mis-statement made in a telephone call between England and Switzerland. The Swiss banker represented that the transmission of a copy payment order by the bank to the claimant was a guarantee that . .
Cited – Banque Indosuez v Ferromet Resources 1993
There is a general principle in favour of giving judicial assistance to foreign insolvency proceedings by preventing their disruption by the actions of individual creditors. . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.198600
EAT Sex Discrimination – Indirect – European Material – Article 19.
EAT European Material – Article 19
EAT Equal Pay Act – (no sub-topic).
The Honourable Mr Justice Lindsay (President)
EAT/1080/98, EAT/1300/97, [2000] UKEAT 1300 – 97 – 2903
Equal Treatment Directive (Council Directive 76/207/EEC
England and Wales
Cited – Flint v Eastern Electricity Board EAT 1975
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He . .
Appeal 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 . .
At EAT – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.171789
ECJ (State Aid) Appeal – Action for annulment – State aid – Commission decision not to raise objections, taken under Article 88, paragraph 3, EC – Reclassification of the subject of proceedings – Meaning of ‘difficulties serious’.
C-148/09, [2010] EUECJ C-148/09, [2011] EUECJ C-148/09
Updated: 28 August 2022; Ref: scu.426872
The court was asked ‘whether an EU citizen who is no longer a self-employed person retains the status of worker or self-employed person in the circumstances described in sub-paragraphs (b) and (c) of article 7(3) [of Directive 2004/38] by virtue of his previous employment as a self-employed person.’
Sedley, Moore-Bick, Elias LLJ
[2010] EWCA Civ 1397, [2011] PTSR 781, [2011] Eu LR 397, [2011] 2 CMLR 12
England and Wales
Updated: 28 August 2022; Ref: scu.426906
[2000] EWHC Admin 388
England and Wales
Updated: 27 August 2022; Ref: scu.140203
Coulson LJ, Snowden J, Sir Andrew Longmore
[2019] EWCA Civ 1642, [2019] PTSR 1714, [2019] WLR(D) 555
Concession Contracts Regulations 2016, Parliament and Council Directive 2014/23/EU
England and Wales
Updated: 27 August 2022; Ref: scu.642677
Reference for a preliminary ruling – Free movement of goods – Measures having equivalent effect – Products in free circulation in Germany – Products subject to homologation inspections in Romania – Certificate of conformity issued by a distributor in another Member State – Certificate deemed insufficient to allow the free marketing of those products – Principle of mutual recognition – Partly inadmissible
C-354/14, [2015] EUECJ C-354/14, ECLI:EU:C:2015:658
European
Updated: 27 August 2022; Ref: scu.553088
ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark mobile.de Promotor – Mobile Earlier national figurative mark – Rejection of the application for invalidity – Article 165, paragraph 4 b) of Regulation (EC) No 207/2009
MD Gratsias (Rapporteur), P
T-337/14, [2015] EUECJ T-337/14, ECLI: EU: T: 2015 220
Regulation (EC) No 207/2009 165
European
Updated: 27 August 2022; Ref: scu.545884
ECJ Judgment – Protection of the financial interests of the Union – Early warning system (EWS) enabling identification of the level of risk associated with contractors – OLAF enquiry into the performance of a public contract concerning an institutional modernisation project in Syria – Decisions to activate W1a and W1b warnings – Legal basis – Fundamental rights – Obligation to state reasons
M. Kancheva, acting as P
T-320/09, [2015] EUECJ T-320/09, ECLI:EU:T:2015:223
European
Updated: 27 August 2022; Ref: scu.545882
Judgment
T-190/12, [2015] EUECJ T-190/12
European
Updated: 27 August 2022; Ref: scu.545887
Application for judicial review lodged by a claimant from Iran, alleging unlawful delay in the consideration of his claim.
Cranston J
[2009] EWHC 3452 (Admin)
Updated: 26 August 2022; Ref: scu.426053
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its staff on the redundancies.
Laws, Hooper, Rimer LJJ
[2010] EWCA Civ 1223, [2011] IRLR 40
Trade Union and Labour Relations (Consolidation) Act 1992 118
England and Wales
Appeal from – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
Application for leave (1) – The United States of America v Nolan CA 4-Feb-2014
The employee was made redundant from working at a US watercraft repair base. She complained that on the base closing the appellant had failed to consult with her as employee representative. The appellant denied that obligation. After a reference to . .
See Also – United States of America v Nolan CA 24-Nov-2010
. .
At CA (1) – United States of America v Nolan ECJ 22-Mar-2012
ECJ (Opinion) Directive 98/59/EC – Admissibility – Protection of workers – Collective redundancies – Information and consultation of workers – Closure of a US military base – Scope – Time at which the obligation . .
At CA (1) – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
AT CA (1) – 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.
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.425818