The company challenged the respondents rules for taxation of foreign dividends, saying that the rules contravened European Law in the fundamental freedoms of establishment and movement of capital.
Henderson J
[2010] EWHC 2811 (Ch)
England and Wales
Updated: 26 August 2022; Ref: scu.425785
ECFI Community trade mark – Opposition proceedings – Application for the Community word mark STRATEGI – Earlier national word mark Strategies – Relative ground for refusal – Proof of use of the earlier trade mark – Article 43(2) of Regulation (EC) No 40/94 (now Article 42(2) of Regulation (EC) No 207/2009) and Rule 22 of Regulation (EC) No 2868/95.
T-92/09, [2010] EUECJ T-92/09
European
Updated: 26 August 2022; Ref: scu.425297
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very broad principle in Article 43 EC and any in specific community legislation. Rights of establishment are not to be used to put a person relying on rights derived from movement between member states in a better position than the citizens of the host state to which he moves. The purpose of Article 8 is to enable the incoming applicant to acquire, and thereafter to practise under, the qualification awarded by the host state. Since the Authority exercised a specialist knowledge its decision would have to be clearly irrational before a court could intervene. That had not been shown here.
Lord Justice Aldous Lord Justice Buxton Lord Justice Rix
[2003] EWCA Civ 609
European Specialist Medical Qualifications Order 1995, Directive 93/16/EEC, Article 43 EC
England and Wales
Cited – Practice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Cited – Commission v Spain ECJ 16-May-2002
. .
Cited – Conseil national de l’ordre des architectes v Nicolas Dreessen ECJ 22-Jan-2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Hocsman ECJ 14-Sep-2000
The blanket prohibition in Article 43 will prevent unjustified restrictions such as ‘French doctors cannot practise in the United Kingdom’, but the next step is to harmonise the basis on which the qualification is granted; otherwise it becomes . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Van De Bijl v Staatssecretaris Van Economische Zaken ECJ 27-Sep-1989
When looking at certificates of professional competence issued by other member states, the host Member State cannot be obliged to overlook matters which occurred within its own territory and which are of direct relevance to the real and genuine . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.181958
Request for reference of case to ECJ
The Honourable Mrs Justice Eady
[2020] EWHC 3479 (QB)
England and Wales
Updated: 26 August 2022; Ref: scu.656932
His Honour Judge Moradifar
[2019] EWFC B43
England and Wales
Updated: 26 August 2022; Ref: scu.642811
Judgment – Appeal – Non-contractual liability – Directive 93/42 / EEC – Articles 8 and 18 – Medical devices – Failure of the Commission following the notification of the marketing prohibition decision – Limitation period – Effect suspensive an application for legal aid on the limitation period – Procedure for safeguard clause
C-120/14, [2015] EUECJ C-120/14
European
Updated: 26 August 2022; Ref: scu.545879
ECJ The applicant, suspected of involvement in an assault on a man by two hooded individuals in the underground car park of a Parisian residential block, was placed in custody in the context of a request for evidence on commission. In accordance with Article 153 of the Code of Criminal Procedure applicable to the facts of the case, while being examined as a witness, he was asked to swear an oath. At the end of his custody, ordered in accordance with the provisions of Article 154 of the Code, he was placed under investigation on the charge of abetting an attempted murder. By a decision which became final in 2006, he was sentenced to five years of imprisonment, with one year suspended, for having ‘abetted the offence of deliberate violence causing more than eight days’ total incapacity for work, which L.E. and F.G. committed in collusion, with premeditation and with the use of a weapon, by giving the culprits instructions to commit the offence, in this instance by asking them to beat up and put pressure on a man whose identifying features he supplied’.
The European Court found that when placed in custody and obliged to swear an oath to tell the truth, the applicant was on a criminal charge and therefore enjoyed the right not to assist in his own incrimination and to remain silent. It concluded that paragraphs 1 and 3 of Article 6 of the Convention had been infringed.
Peer Lorenzen, President
1466/07, [2010] ECHR 1 621
European Convention on Human Rights
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
See Also – Brusco v France ECHR 2-Dec-2011
Declaration as to execution of judgment . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425756
ECJ Directive 2006/112/EC – Right of deduction of input VAT – National legislation excluding the right of deduction in respect of goods sold on before identification of the taxable person for VAT purposes
K. Lenaerts, Rap P
C-385/09, [2010] EUECJ C-385/09
Updated: 25 August 2022; Ref: scu.425766
ECJ Environmental policy – Directive 2003/87/EC – Certificate of emission of greenhouse gases – Regulation (EC) No 2216/2004 – Community Registry System – Directive 2003/4/EC – Access to environmental information – Access to information relating to transactions of allowances of greenhouse gas emissions – Denial of access – Powers of the central administrator and the administrator of the National Register – Conidentiality of information contained in the register and the possibility of derogation.
C-524/09, [2010] EUECJ C-524/09, [2010] EUECJ C-524/09
Updated: 25 August 2022; Ref: scu.425299
Parker J
[2010] EWHC 2040 (Fam)
Council Regulation (EC) Number 2201/2003, a, Family Law Act 1986
England and Wales
Updated: 25 August 2022; Ref: scu.425335
ECJ (Opinion) VAT – Reduced rates – Shipping, import and acquisition of certain live animals (horses) not intended for preparation or production of food for human consumption or animal.
Yves Bot AG
C-41/09, [2010] EUECJ C-41/09
Opinion – Commission v Netherlands ECJ 3-Mar-2011
ECJ Failure of a Member State to fulfil obligations – Value added tax – Sixth VAT Directive – Directive 2006/112/EC – Application of a reduced rate – Live animals normally intended for use in the preparation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425281
ECJ Appeal – Community trade mark – Word mark DANELECTRO – Figurative mark QWIK TUNE – Request for renewal of registration of the trade mark – Application for restitutio in integrum – Failure to observe the time-limit for submitting the request for renewal of registration of the trade mark.
C-479/09, [2010] EUECJ C-479/09
European
Updated: 25 August 2022; Ref: scu.425263
ECJ Appeal – State aid – Aid scheme for investment in the less-favoured regions of Italy – Commission decision declaring that scheme compatible with the common market – Actions for damages in respect of the losses allegedly suffered as a result of the adoption of that decision – Transitional measures between that scheme and the previous scheme – Temporal scope of application of the Commission’s decision not to object to the previous scheme – Principles of legal certainty, protection of legitimate expectations and equal treatment.
C-67/09, [2010] EUECJ C-67/09
Updated: 25 August 2022; Ref: scu.425293
ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – Directive 2001/29/EC – Copyright and Related Rights in the Information Society – Television broadcasting of a graphical user interface – to communicate a work to the public.
Bot AG recognised that the development of an interface required considerable intellectual effort on the part of its developer. That intellectual effort included using a programming language to create a complex structure. But that did not necessarily mean that the product of that intellectual effort qualified for copyright protection. He continued: ‘The difficulty as regards determination of the originality of the graphic user interface lies in the fact that the majority of the elements which comprise it have a functional purpose, since they are intended to facilitate the use of the computer program. Accordingly, the manner in which those elements are expressed can be only limited since, as the Commission stated in its written submissions, the expression is dictated by the technical function which those elements fulfil. Such is the case, for example, of the mouse which moves the cursor across the screen, pointing at the command button in order to make it operate or of the drop-down menu which appears when a text file is open.
In such cases, it seems to me that the criterion of originality is not met, since the different methods of implementing an idea are so limited that the idea and the expression become indissociable. If such a possibility was offered, it would have the consequence of conferring a monopoly on certain companies on the computer program market, thus significantly hampering creation and innovation on that market, which would run contrary to the objective of Directive 2001/29.’
Bot AG
C-393/09, [2010] EUECJ C-393/09
Opinion – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 22-Dec-2010
ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user . .
Cited – SAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425278
ECJ (prelimiary ruling) Sixth VAT Directive – Taxable amount – Sales promotion scheme – Loyalty rewards scheme allowing customers to earn points from traders and to redeem them for loyalty rewards – Payments made by the operator of the scheme to redeemers supplying the loyalty rewards – Payments made by the trader to the operator of the scheme supplying the loyalty rewards.
The Court reformulated the questions so as to ask the following: ‘whether, in the context of a customer loyalty reward scheme such as those at issue in the main proceedings:
– payments made by the operator of the scheme at issue to redeemers who supply loyalty rewards to customers must be considered, in Case C-53/09, as third-party consideration for a supply of goods to those customers, and/or, as the case may be, for a supply of services made by those redeemers for the benefit of those customers, and/or as the consideration for a supply of services made by those redeemers for the benefit of the operator of that scheme’.
Held: ‘Payments made by the operator of the scheme concerned to redeemers who supply loyalty rewards to customers must be regarded, in Case C-53/09, as being the consideration, paid by a third party, for a supply of goods to those customers or, as the case may be, a supply of services to them. It is, however, for the referring court to determine whether those payments also include the consideration for a supply of services corresponding to a separate service.’
J. N. Cunha Rodrigues, P
C-55/09, [2010] EUECJ C-55/09, [2010] STC 2651
European
At VDT – Loyalty Management UK Ltd v Customs and Excise VDT 6-Apr-2005
VDT VALUE ADDED TAX – input tax – the Appellant operates the Nectar programme under which customers who purchase goods (called primary goods) from certain retailers receive points which they may use to acquire . .
At ChD – Revenue and Customs v Loyalty Management UK Ltd ChD 22-Jun-2006
The taxpayer operated a substantial loyalty reward scheme (Nectar) for assorted companies. The Revenue appealed against an order allowing the company to reclaim input VAT. The court was asked now: ‘what is the proper characteristic, for VAT . .
At CA – Loyalty Management UK Ltd v HM Revenue and Customs CA 5-Oct-2007
The company (LMUK) managed a loyalty scheme for retailers. Their customers were awarded point sunder the schem on purchasing items, and then redeeemed those points against other purchases. LMUK sought to recover input tax on the invoices it paid to . .
Reference (Baxi) – Baxi Group Ltd v Revenue and Customs CA 20-Dec-2007
. .
Preliminary Ruling – Loyalty Management UK (Taxation) ECJ 7-Oct-2010
ECJ Sixth VAT Directive – Taxable amount – Sales promotion scheme – Loyalty rewards scheme allowing customers to earn points from traders and to redeem them for loyalty rewards – Payments made by the operator of . .
ECJ Preliminary Ruling – 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 . .
ECJ Prel Ruling – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 20-Jun-2013
Decisions about the application of the VAT system are highly dependent upon the factual situations involved. The case-law of the Court of Justice indicates that, when determining the relevant supply in which a taxable person engages, regard must be . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425291
ECJ (Approximation Of Laws) Type-approval of two- or three-wheel motor vehicles – Exclusion of vehicles intended for use in competition, on roads or in off-road conditions – National legislation prohibiting the marketing and use of equipment designed to increase the power or speed of mopeds.
Jaaskinen AG
C-142/09, [2010] EUECJ C-142/09
Opinion – Ministere public v Lahousse And Lavichy ECJ 18-Nov-2010
ECJ Directives 92/61/EEC and 2002/24/EC – Type-approval of two- or three-wheel motor vehicles – Vehicles intended for use in competition, on roads or in off-road conditions – National legislation prohibiting the . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.424185
ECJ Opinion – Freedom To Provide Services – Rescue Service – Criteria for distinguishing between a public service and service concession – Mode of payment – Transfer of risk associated with the operation of services.
Jan Mazak AG
C-274/09, [2010] EUECJ C-274/09
Opinion – Privater Rettungsdienst Und Krankentransport Stadler v Zweckverband Rettungsdienst und fur Feuerwehralarmierung Passau ECJ 10-Mar-2011
ECJ Public procurement – Directive 2004/18/EC – Public service concession – Rescue service – Distinction between ‘public service contract’ and ‘service concession’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.424188
ECFI Dumping – Imports of steel ropes and cables originating, inter alia, in India – Breach of an undertaking – Principle of proportionality – Article 8(1), (7) and (9) of Regulation (EC) No 384/96 (now Article 8(1), (7) and (9) of Regulation (EC) No 1225/2009).
T-119/06, [2010] EUECJ T-119/06
Updated: 24 August 2022; Ref: scu.424198
ECJ (Opinion) Social policy – Equal treatment between men and women – Legal age of retirement differ for men and women – Loss of conventional special protection against dismissal, therefore, what the legal age of retirement – Dismissal an employee who has reached the legal age of retirement – Discrimination based on sex as regards the conditions of dismissal – Directive 76/207/EEC – Directive 2002/73/EC.
J Kokott AG
C-356/09, [2010] EUECJ C-356/09
Directive 2002/73/EC, Directive 76/207/EEC
Opinion – Pensionsversicherungsanstalt v Kleist ECJ 18-Nov-2010
ECJ Social policy – Equal treatment of men and women in matters of employment and occupation – Directive 76/207/EEC – Article 3(1)(c) – National rules facilitating the dismissal of workers who have acquired the . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.424183
ECFI Public service contracts – Publications Office’s tendering procedure – Provision of computing services – Rejection of a tenderer’s bid – Action for annulment – Award criteria and sub-criteria – Obligation to state the reasons on which the decision is based – Equal treatment – Transparency – Manifest error of assessment – Misuse of powers – Claim for damages.
T-387/08, [2010] EUECJ T-387/08
European
Updated: 24 August 2022; Ref: scu.424173
ECJ (Opinion) Appeal – Community trade mark – Article 8(4) of Regulation No 40/94 – Opposition by the proprietor of the appellation of origin Bud – Use in the course of trade – Sign of more than mere local significance.
Cruz Villalon AG
C-96/09, [2010] EUECJ C-96/09 – O
Opinion – Anheuser-Busch v Budejovicky Budvar ECJ 29-Mar-2011
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(4) – Application for registration of the word and figurative mark BUD – Opposition – Indication of geographical origin ‘bud’ – Protection . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.424152
ECFI Community trade mark – Opposition proceedings – Application for Community word mark Sorvir – Earlier Community word mark NORVIR – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
T-149/08, [2010] EUECJ T-149/08
Updated: 24 August 2022; Ref: scu.424150
ECFI Medicinal products for human use – Procedure for designation of orphan medicinal products – Application for designation of human fibrinogen as an orphan medicinal product – Obligation to submit the application for designation before the application for marketing authorisation is made – Decision of EMA on the validity of the application.
T-264/07, [2010] EUECJ T-264/07
Updated: 24 August 2022; Ref: scu.424166
ECFI Competition – Agreements, decisions and concerted practices -Spanish market for the purchase and first processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Consistency between the statement of objections and the contested decision – Rights of the defence – Definition of the relevant market – Fines – Gravity of the infringement – Aggravating circumstances – Role as leader – Cooperation.
T-29/05, [2010] EUECJ T-29/05
Updated: 24 August 2022; Ref: scu.424167
Europa Industrial and commercial property – Legal protection of biotechnological inventions – Directive 98/44/EC – Article 9 – Patent protecting a product containing or consisting of genetic information – Material incorporating the product – Protection – Conditions.
[2010] EUECJ C-428/08
See Also – Monsanto Technology (Industrial Policy) ECJ 9-Mar-2010
Europa Legal protection of biotechnological inventions – Directive 98/44/EC – Patent for genetic information. . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.424099
Europa Community trade mark – Opposition proceedings – Application for Community word mark ScorpionExo – Earlier national figurative mark Escorpion – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) N – 40 / 94 [now Article 8, paragraph 1 b) of Regulation (EC) No 207/2009].
T-152/08, [2010] EUECJ T-152/08
Updated: 24 August 2022; Ref: scu.423795
ECFI Medicines for human use – Procedure for designation of orphan medicinal products – Application for designation of medicinal Extract Radix Chelidonii special liquid ‘(Ukrain ‘) as an orphan drug – Commission decision refusing the designation as an orphan drug.
T-74/08, [2010] EUECJ T-74/08
Updated: 24 August 2022; Ref: scu.423798
ECJ Public service contracts – Procedure for tendering Community – Meeting and Conference – Rejection of a tender – Award of contract to another bidder – Obligation to state reasons – Manifest error of assessment – Equal treatment.
T-582/08, [2010] EUECJ T-582/08
Updated: 24 August 2022; Ref: scu.423791
ECFI Public service contracts – EMCDDA tender procedure – Supply of software programming and consultancy services – Rejection of a submitted tender – Award criteria – Manifest error of assessment – Equal treatment – Transparency – Principle of sound administration – Obligation to state reasons.
T-63/06, [2010] EUECJ T-63/06
Updated: 24 August 2022; Ref: scu.423794
Europa Arbitration clause – Contract for a project to develop a technology for the production of waterproof leathers – Breach of Contract – Recovery of moneys advanced – Interest on late payments – Reference to the Tribunal after cancellation – Default Proceedings.
T-312/05, [2010] EUECJ T-312/05
Updated: 24 August 2022; Ref: scu.423792
Europa Community trade mark – annulment procedure – Community word mark PORTO ALEGRE – Earlier national word mark VISTA ALEGRE – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) and Article 53, paragraph 1 a) of Regulation (EC) No 207/2009.
T-369/09, [2010] EUECJ T-369/09
Updated: 24 August 2022; Ref: scu.423799
Europa Community trade mark – Opposition proceedings – Application for the Community figurative mark Archer Maclean’s Mercury – Earlier national word mark Merkur – 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-106/09, [2010] EUECJ T-106/09
Updated: 24 August 2022; Ref: scu.423789
EU State aid – Subsidies paid to a maritime transport undertaking discharging public service obligations – National Law providing for the possibility of making payments on account prior to the approval of an agreement.
C-140/09, [2010] EUECJ C-140/09
European
Updated: 24 August 2022; Ref: scu.420185
Cranston J
[2008] EWHC 859 (Admin)
England and Wales
Updated: 24 August 2022; Ref: scu.270045
Drug controls in sport do not govern trading activities and are not within ambit of EC Treaty and are not discriminatory.
Times 30-Jun-1997
England and Wales
Updated: 24 August 2022; Ref: scu.80265
(Judgment)
T-276/12, [2015] EUECJ T-276/12
European
Updated: 23 August 2022; Ref: scu.553089
ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope.
C-261/09, [2010] EUECJ C-261/09
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.422151
ECJ Social policy – Equal treatment in employment and occupation – employment contract term for the university professors who have attained the age of 65 – Setting the final retirement age for teachers University at age 68 – Justification of differences of treatment based on age.
C-268/09, [2010] EUECJ C-268/09
Cited – Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv ECJ 18-Nov-2010
ECJ Directive 2000/78/EC – Article 6(1) – Prohibition of discrimination on grounds of age – University lecturers – National provision providing for the conclusion of fixed-term employment contracts beyond the age . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.422148
Europa Failure to fulfill obligations – Directive 2006/66/EC – Batteries and accumulators and waste batteries and accumulators – Failure to transpose within the prescribed period.
[2010] EUECJ C-513/09
European
Updated: 23 August 2022; Ref: scu.422130
ECJ Opinion – Environment And Consumers – Comparative Advertising – Comparison of prices that a competing supermarket chain – Products meeting the same needs or having a common goal.
Mengozzi AG
C-159/09, [2010] EUECJ C-159/09
Opinion – Lidl SNC v Vierzon Distribution SA ECJ 18-Nov-2010
ECJ Directives 84/450/EEC and 97/55/EC – Conditions under which a comparative advertising is permitted – Price comparison based on selection of food products marketed by two competing retail store chains – Goods . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.422149
ECJ Opinion – Social Policy – Directive 92/85 – Scope – Member of executive committee of a company – Worker – Existence of a relationship – Legislation authorizing the dismissal of a member of the Executive Committee of unrestricted capital company considering her pregnancy – Equal treatment for men and women.
Bot AG
C-232/09, [2010] EUECJ C-232/09
Opinion – Danosa v LKB Lizing SIA ECJ 11-Nov-2010
ECJ Social policy – Directive 92/85/EEC – Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 2(a) and . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.422145
ECJ Opinion – Principles Of Community Law – Effective judicial protection of rights derived from EU law – Right to a court – Procedural Safeguards – Corporation – Principle of effectiveness – Refusal of legal aid to a corporation for the bringing of an action to initiate the responsibility of a Member State for breach of EU law in the absence of general interests.
Mengozzi AG
C-279/09, [2010] EUECJ C-279/09
European
Opinion – DEB Deutsche Energiehandels-Und Beratungsgesellschaft mbH v Bundesrepublik Deutschland ECJ 22-Dec-2010
ECJ Effective judicial protection of rights derived from European Union law – Right of access to a court – Legal aid – National legislation refusing legal aid to legal persons in the absence of ‘public interest’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.422146
[2009] NIFam 23
Northern Ireland
Updated: 22 August 2022; Ref: scu.421856
ECJ Officials – remuneration – weighting – late adjustment – compensation for pecuniary damage – payment of default interest – point at which interest starts to run – date of prior complaint through official channels (staff regulations art 90(2)) .
[1985] EUECJ C-158/79
See Also – Roumengous Carpentier v Commission (Rec 1982,P 4379) (Judgment) ECJ 15-Dec-1982
Europa In order that the rule contained in article 64 of the staff regulations to the effect that account must be taken of living conditions in the various ‘places of employment’ may be observed, that expression . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421874
ECJ Opinion – State aid – Complaint – Commission decision to take no further action on the complaint – Challengeable act – Commission’s revocation of the decision to take no further action – No indication of the illegality which revocation aims to rectify – Illegality of the revocation decision.
Bot AG
C-362/09, [2010] EUECJ C-362/09 – O
Appeal from – Athinaiki Techniki v Commission (State Aid) ECJ 16-Dec-2010
ECJ Appeal – State aid – Complaint – Decision to take no further action on the complaint – Withdrawal of the decision to take no further action – Conditions governing the lawfulness of withdrawal – Regulation . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421762
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of EU law for the purposes of Article 6 [TEU] and/or Article 51 of the Charter . .?
If Question 1 is answered in the affirmative:
(2) Is the duty of a Member State to observe EU fundamental rights (including the rights set out in Articles 1, 4, 18, 19(2) and 47 of the Charter) discharged where that State sends the asylum seeker to the Member State which Article 3(1) [of Regulation No 343/2003] designates as the responsible State in accordance with the criteria set out in Chapter III of the regulation (‘the responsible State’), regardless of the situation in the responsible State?
(3) In particular, does the obligation to observe EU fundamental rights preclude the operation of a conclusive presumption that the responsible State will observe (i) the claimant’s fundamental rights under European Union law; and/ or (ii) the minimum standards imposed by Directives 2003/9 . . 2004/83 . . and 2005/85 . .?
(4) Alternatively, is a Member State obliged by European Union law, and, if so, in what circumstances, to exercise the power under Article 3(2) of the Regulation to examine and take responsibility for a claim, where transfer to the responsible State would expose the [asylum] claimant to a risk of violation of his fundamental rights, in particular the rights set out in Articles 1, 4, 18, 19(2) and/or 47 of the Charter, and/or to a risk that the minimum standards set out in Directives [2003/9, 2004/83 and 2005/85] will not be applied to him?
(5) Is the scope of the protection conferred upon a person to whom Regulation [No 343/2003] applies by the general principles of European Union law, and, in particular, the rights set out in Articles 1, 18 and 47 of the Charter wider than the protection conferred by Article 3 of the ECHR?
(6) Is it compatible with the rights set out in Article 47 of the Charter for a provision of national law to require a court, for the purpose of determining whether a person may lawfully be removed to another Member State pursuant to Regulation [No 343/2003], to treat that Member State as a State from which the person will not be sent to another State in contravention of his rights pursuant to the [ECHR] or his rights pursuant to the [Geneva Convention] and [the 1967 Protocol]?
(7) In so far as the preceding questions arise in respect of the obligations of the United Kingdom, are the answers to [the second to sixth questions] qualified in any respect so as to take account of the Protocol (No 30)?’
Neuberger MR LJ, Laws, Sullivan LJJ
[2010] EWCA Civ 990
England and Wales
Cited – Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421586
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of serial mark trackers, abuse of article 5TMD rights, and breach of competition restrictions (81EC).
Held: The defendant’s appeal against summary judgment succeeded. The claimant’s description of the position between the infringement proceedings and the agreements with distributors and resellers as ‘a complete disconnect’ did not take account of the defendant’s allegation that the agreements with distributors and resellers form part of an overall scheme for excluding secondary traders from the market. The Court of Justice had not so far held that Article 81 cannot be used in trade mark cases.
Neuberger LJ MR, Arden, Tomlinson LJJ
[2010] EWCA Civ 997, [2010] ETMR 64, [2011] FSR 2, [2011] ECC 4, [2011] Eu LR 117
EC Treaty 28 30 81EC, Directive 89/104/EC 5 7
England and Wales
Appeal from – Sun Microsystems Inc v M-Tech Data Ltd and Another PatC 25-Nov-2009
The claimant manufactured computer disk drives, marketing them under its trade marks. It complained that the defendant had resold them within the European Economic Area in breach of its rights.
Held: Summary judgment was granted, and an order . .
Cited – Zino Davidoff SA v A and G Imports Ltd etc ECJ 20-Nov-2001
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system.
Held: Silence alone was insufficient to constitute . .
Cited – Bristol-Myers Squibb and others v Paranova ECJ 11-Jul-1996
ECJ 1. Reliance by a trade mark owner on his rights as owner in order to prevent an importer from marketing a product which was put on the market in another Member State by the owner or with his consent where . .
Cited – Pharmacia and Upjohn SA, formerly Upjohn SA v Paranova A/S ECJ 12-Oct-1999
ECJ Trade-mark rights – Pharmaceutical products – Parallel imports – Replacement of a trade mark. . .
Cited – Van Doren + Q GmbH v Lifestyle sports + sportsewar Handelgesellschaft mbH and another ECJ 8-Apr-2003
The claimant was exclusive agent for the trademark holder for Germany. The defendant sold goods it had not bought from the claimant, but bearing the mark. The defendant alleged exhaustion of the claimant’s rights.
Held: The burden of proving . .
Appeal From – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421587
UTIAC The rights of entry and of residence of parents of EU national children derived by the ECJ in Chen are a matter of EU free movement law. National courts are therefore obliged to recognise them, and national legislation cannot reduce them.
Blake J P
[2010] UKUT 277 (IAC)
England and Wales
Updated: 22 August 2022; Ref: scu.421570
ECJ (Opinion) VAT – Place of supply of services – Exemptions – Removal, multiplication and reimplantation of cartilage cells.
C-156/09, [2010] EUECJ C-156/09 – O
See Also – Finanzamt Leverkusen v Verigen Transplantation Service International AG ECJ 18-Nov-2010
ECJ Sixth VAT Directive – Article 13(A)(1)(c) – Exemptions for activities in the public interest – Provision of medical care – Removal and multiplication of cartilage cells for the purpose of reimplantation in . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421326
Europa Protecting the financial interests of the European Communities – Regulation No 2988/95 – Export refunds – Regulation No 3665/87 – Irregularity – Inaccurate information concerning the importation into a third country – Penalty against a company that specializes on the map international control and surveillance that has issued the certificate on imports – Legal Basis – Direct effect of Regulations – Principle of legal certainty – Requirement for clarity and precision – Suspension of limitation.
C-367/09, [2010] EUECJ C-367/09
See Also – Belgisch-en Interventie Restitutiebureau v SGS Belgium NV, Firm Derwa NV, Centraal Beheer Achmea NV (Communities Own Resources) ECJ 28-Oct-2010
ECJ Preliminary ruling – Act detrimental to the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 1, Article 3(1), third subparagraph, and Articles 5 and 7 – Regulation . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421323
ECJ Sixth VAT Directive – Directive 2006/112 – Right to deduct input tax – National legislation penalising an error in the invoice by loss of the right to deduct.
Leaerts P
C-368/09, [2010] EUECJ C-368/09, [2010] STI 2198, [2010] STC 2400
Updated: 22 August 2022; Ref: scu.421317
ECJ Freedom to provide services – Unjustified restrictions – Requirement of prior authorisation in France as a condition for reimbursement for non-hospital medical services in another Member State involving major medical equipment – No legislation granting insured patients additional reimbursement covering the excess of the amount the insured patient is entitled to receive according to the reimbursement formula used in the Member State of affiliation, over the amount which would have been payable according to the formula used in the Member State where treatment is provided.
C-512/08, [2010] EUECJ C-512/08, [2010] EUECJ C-512/08 – O
Updated: 22 August 2022; Ref: scu.421305
The claimants had made claims in the insolvency of Landsbanki in Iceland. There had been a ruling by Landsbanki’s winding-up board in those Icelandic winding-up proceedings that to the extent that it was final and binding in Iceland, it must also be recognised and given effect in the United Kingdom, and that effect should also be given to the extinguishment of a claim under Icelandic law if not presented within a particular time.
Held: The ruling in Iceland had effect within the insolvency proceedings iin Scotland.
Lord Glennie
[2010] ScotCS CSOH – 100, [2011] 2 BCLC 437, [2010] CSOH 100, 2010 GWD 34-706
Credit Institutions (Reorganisation and Winding Up) Regulations 2004
Cited – Adams v National Bank of Greece HL 1961
Questions of interpretation and enforcement of contracts are resolved by reference to the proper law. Although debt under a contract whose proper law is the law of another jurisdiction may, for the purposes of Scots law, be discharged by insolvency . .
Appeal from – Heritable Bank Plc (Administrators of) v The Winding Up Board of Landsbanki Islands Hf SCS 28-Sep-2011
The appellant (H) had claimed in the responder’s (L) insolvency proceedings in Iceland. Their claim had been rejected by L’s winding-up board, and then withdrawn. L then claimed in H’s own insolvency in Scotland, saying that within the EEA, and . .
At Outer House – Heritable Bank Plc, Administrators of v The Winding-Up Board of Landsbanki Islands Hf SC 27-Feb-2013
A claim by Heritable (H) in Landsbanki’s (L) insolvency had been rejected and then withdrawn before the Icelandic court, and L now appealed against rejection of its own assertion that that Icelandic decision was binding also within its own claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421293
ECJ Community trade mark – Application for Community word mark Vektor-Lycopin – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009).
T-85/08, [2010] EUECJ T-85/08
Updated: 22 August 2022; Ref: scu.421308
The claimant manufactured computer disk drives, marketing them under its trade marks. It complained that the defendant had resold them within the European Economic Area in breach of its rights.
Held: Summary judgment was granted, and an order made for an inquiry into damages, and an injunction to prevent M-Tech marketing goods if Sun has confirmed that those goods have not previously been put on the EEA market by Sun or with Sun’s consent.
Kitchin J
[2009] EWHC 2992 (Pat), [2010] 2 CMLR 7, (2010) 33(2) IPD 33010, [2010] ETMR 13, [2010] FSR 9
England and Wales
Appeal from – Oracle America Inc v M-Tech Data Ltd and Another CA 24-Aug-2010
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. . .
At First Instance – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421247
The claimant sought to prevent the respondent from marketing its VODKAT drinks range under that name unless it contained minimum levels of vodka. It said that the name was misleading: ‘This was . . a case of . . extended passing-off where protection is sought in respect of the goodwill generated by a particular product rather than by relying on the mark of the particular trader who produces it. This form of protection has been granted in the past in respect of champagne, sherry, advocaat and whisky and, outside the world of alcoholic drinks, for Swiss chocolate. The issue in this case was whether vodka as a product qualified for similar protection at the suit of Diageo as a major producer and distributor.’
Rix, Patten, Peter Smith LJJ
[2010] EWCA Civ 920, [2012] Bus LR 401, [2011] 1 All ER 242, [2011] RPC 2, [2010] ETMR 57
Council Regulation No. 110/2008/EC
England and Wales
Appeal from – Diageo North America, Inc and Another v Intercontinental Brands (ICB) Ltd and Others ChD 19-Jan-2010
The parties disputed the right to use various terms to describe and sell their alcoholic drinks, arguing for passing off. Diageo sought an unqualified injunction restraining ICB from advertising, offering for sale or selling or supplying any . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.421202
VAT (Taxation) Value added tax – Directive 2006/112/EC – Exemptions – Article 132(1)(b) and (c) – Hospital and medical care and closely related activities – Provision of medical care in the exercise of the medical and paramedical professions – Collection, testing and processing of umbilical cord blood – Storage of stem cells – Possible future therapeutic use – Transactions comprising a bundle of features and acts.
C-86/09, [2010] EUECJ C-86/09
European
Updated: 22 August 2022; Ref: scu.420187
The court considered questions as to the relationship between EU law and the law of arbitration. The parties disputed the compensation payable on the termination of an agency distributorship agreement. The distributor said that the agreement purported to contract out of the Regulations and that any such contract, and any arbitration pursuant to it were void. The licensor’s arbitration had been heard in Canada, which disapplied the European law.
Mr Justice Tugendhat
[2009] EWHC 2655 (QB)
Commercial Agents (Council Directive) Regulations 1993
England and Wales
Updated: 22 August 2022; Ref: scu.377357
The claimant challenged the rules introduced by the defendant for controlling the spraying of crops, saying that they did not comply with European obligations. She lived in a house surrounded by fields which were regularly sprayed and had suffered injury.
Held: The Regulations had not taken into account all the elements required by the Directive, including the need to account for risks to human health.
Collins J
[2008] EWHC 2666 (Admin), Times 01-Dec-2008
Plant Protection Products Regulations 2005 (SI 2005 No 1435), Directive 91/414/EEC (OJ 1991 L30/1)
England and Wales
Updated: 22 August 2022; Ref: scu.277930
R-139/82, [1983] EUECJ R-139/82
European
Updated: 21 August 2022; Ref: scu.215160
Free Movement Of Goods
R-190/87, [1988] EUECJ R-190/87
European
Updated: 21 August 2022; Ref: scu.215643
R-4/80, [1980] EUECJ R-4/80
European
Updated: 21 August 2022; Ref: scu.214946
(Rec 1992,p II-233)
T-39/91, [1992] EUECJ T-39/91
European
Updated: 21 August 2022; Ref: scu.172487
The parties, both Swedish nationals had been habitually resident in England for fifteen years. They had properties in both countries. They disputed the proper forum to resolve their divorce.
Held: Referring to the Regulation, Holman J said: ‘The Article does not say that a court is seised when the document has been lodged and the applicant has effected (or taken a required step to effect) service. It says that the court is seised when the document is lodged, subject to the proviso (which may only be assessed from some later perspective of hindsight) that there has not been a subsequent failure to take the required steps.’
Holman J
[2010] EWHC 1843 (Fam)
Council Regulation (EC) No. 2201/2003 of 27 November, 2003
England and Wales
Cited – Thum v Thum FC 21-Oct-2016
No abuse of process in service error
The husband claimed that the W was guilty of abuse of process by issuing the divorce petion, but then not serving it for many months in an attempt to gain a tactical jurisdictional advantage under Brussels II.
Held: H’s application was . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.421093
ECJ (Opinion) Protection of individuals regarding the treatment of personal data – Publication of information on beneficiaries of funds deriving from the European Agricultural Guarantee Fund and the European Agricultural Fund for rural development – Validity of the legal provisions that provide for such publication and the manner in which it is to be made.
Sharpston AG
C-93/09, [2010] EUECJ C-93/09
Opinion – Volker Und Markus Schecke v Land Hessen (Approximation Of Laws) ECJ 9-Nov-2010
ECJ (Grand Chamber) Protection of natural persons with regard to the processing of personal data – Publication of information on beneficiaries of agricultural aid – Validity of the provisions of European Union . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.420203
ECJ Community trade mark – Opposition proceedings – Application for Community word mark CARBON CAPITAL MARKETS – Earlier Community and national figurative marks CM Capital Markets – 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-563/08, [2010] EUECJ T-563/08
Updated: 20 August 2022; Ref: scu.420176
ECJ Community trade mark – Opposition proceedings – Application for Community figurative mark CARBON CAPITAL MARKETS Emissions Compliance Solutions and Carbon Finance – Earlier Community and national figurative marks CM Capital Markets – 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).
[2010] EUECJ T-490/08, T-490/08
Updated: 20 August 2022; Ref: scu.420177
T-86/16, [2017] EUECJ T-86/16
European
Updated: 20 August 2022; Ref: scu.595389
Consideration of the true meaning and effect of Article 36(1) of what may be called the Waste Shipment Regulation: Regulation (EC) No 1013/2006
[2019] EWCA Crim 20
England and Wales
Updated: 19 August 2022; Ref: scu.639304
ECJ Judgment – Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Obligation to state reasons – Rights of the defense – Right to effective judicial protection – Manifest error of assessment – Right to property – Right to respect privacy – Proportionality
T-443/13, [2016] EUECJ T-443/13, ECLI:EU:T:2016:27
European
Updated: 19 August 2022; Ref: scu.559479
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all in the event succeeded, and I can call them ‘the licence holders’.
Held: During the year at issue, the fault as only in requiring a contribution to the costs of running the scheme at the time of the application for the licence. A similar fee at the time of the grant of a licence was not invalid. The balance as remitted to the Administrative court.
‘The scheme which the council operated was only defective in so far as it required payment up front at the time of the application. Its invalidity was limited. Contrary to the respondents’ case, European law permits a fee to cover the costs of running and enforcing the licensing scheme becoming due upon the grant of a licence. There is no imperative under European law, as incorporated domestically by the 2009 Regulations, to treat the whole scheme as invalid, rather than to invalidate it to the extent of the inconsistency’
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson
[2017] UKSC 50, [2017] WLR(D) 553, [2018] AC 676, [2017] 3 WLR 342, [2017] PTSR 1020, UKSC 2013/0146
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC, SC Summary, SC Summary Video, SC 20170511 am Video
Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009 (SI 2009/2999)
England and Wales
At CA – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At SC (1) – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At ECJ – Hemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 6-Sep-2011
Refusal to reimburse a tax paid in error – Unjust enrichment arising from the link between the introduction of that tax and the abolition of other taxes . .
Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Cited – Lady and Kid A/S, Direct Nyt ApS, A/S Harald Nyborg Isenkram-og Sportsforretning, KID-Holding A/S v Skatteministeriet ECJ 7-Dec-2010
ECJ (Opinion) Taxes do not conform to National Union law – Repayment – Refusal – Repercussion – Unjust enrichment – Compensation for illegal tax by the simultaneous removal of other statutory charges – Internal . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.590446
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark ZIECON – Earlier Community word mark CERCON – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Examination of the facts – Article 76 of Regulation No 207/2009
H. Kanninen, P
T-239/12, [2014] EUECJ T-239/12
Regulation (EC) No 207/2009 8(1)(b)
European
Updated: 19 August 2022; Ref: scu.533751
ECJ (Judgment) Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Obligation to state reasons – Rights of the defense – Right to effective judicial protection – Manifest error of assessment – Right to property – Right to respect for private life – Proportionality
T-509/11, [2015] EUECJ T-509/11
European
Updated: 19 August 2022; Ref: scu.541698
Order – Radiation
T-593/14, [2015] EUECJ T-593/14 – CO
European
Updated: 19 August 2022; Ref: scu.551782
ECJ Opinion – Value added tax – Article 13B(d)(6) of Council Directive 77/388/EEC – Exemption of the management of special investment funds – Concept of ‘special investment funds as defined by Member States’ – Occupational retirement schemes – Defined contributions retirement schemes
Cruz Villalon AG
C-464/12, [2013] EUECJ C-464/12, [2014] EUECJ C-464/12
European
Updated: 19 August 2022; Ref: scu.519462
ECJ Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Restrictions on entry into, or transit through, the territory of the European Union – Rights of defence – Obligation to state reasons – Manifest error of assessment – Fundamental rights
H. Kanninen, P
T-383/11, [2013] EUECJ T-383/11
European
Updated: 19 August 2022; Ref: scu.515264
(High Court of Ireland) The defendant ran a betting website which included a forum. The claimant said that the forum had published postings defamatory of him.
Clarke J
[2009] IEHC 133
England and Wales
Cited – Bunt v Tilley and others QBD 10-Mar-2006
The claimant sought damages in defamation in respect of statements made on internet bulletin boards. He pursued the operators of the bulletin boards, and the court now considered the liability of the Internet Service Providers whose systems had . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416816
ECJ Minimum standards for conditions to be fulfilled by third-country nationals or stateless persons as refugees – Reasons for exclusion from refugee status – Article 12, paragraph 2 b) of Directive 2004/83 / EC – applicant’s past participation in the activities of an organization registered in the list of persons, groups and entities to which Common Position 2001/931/CFSP
Mengozzi AG
C-101/09, [2010] EUECJ C-101/09
Opinion – B v Germany ECJ 9-Nov-2010
ECJ (Grand Chamber) Directive 2004/83/EC – Minimum standards for the grant of refugee status or of subsidiary protection – Article 12 – Exclusion from refugee status – Article 12(2)(b) and (c) – Notion of . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416443
ECJ Common foreign and security policy Restrictive measures against Myanmar Freezing of funds Action for annulment Joint legal basis of Articles 60 EC and 301 EC Obligation to state the reasons on which a decision is based Rights of the defence Right to effective judicial review Right to respect for property Proportionality.
T-181/08, [2010] EUECJ T-181/08
Updated: 19 August 2022; Ref: scu.416439
ECJ Opinion – Agreement between the European Community and its Member States on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons – Independent – Lease of hunting ground – Regional tax on hunting – Equality treatment.
Jaaskinen AG
C-70/09, [2010] EUECJ C-70/09
Opinion – Hengartner And Gasser (Freedom Of Establishment) ECJ 15-Jul-2010
ECJ Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Lease of hunting ground – Regional tax – Concept . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416427
ECJ Failure of a Member State to fulfil obligations – Directive 92/43/EEC Conservation of natural habitats – Wild fauna and flora – rotection arrangements before a habitat is placed on the list of sites of Community importance Article 12(4) – Project for upgrading a country road.
C-308/08, [2010] EUECJ C-308/08
Updated: 19 August 2022; Ref: scu.416418
ECJ Opinion – Gambling – Exploitation of Internet gambling – Prohibition promote participation in a lottery abroad – Restriction on freedom to provide services – Protection of public policy – Non-discrimination
Bot AG
[2010] EUECJ C-448/08
Updated: 19 August 2022; Ref: scu.416403
ECJ (Preliminary Ruling) Directive 2000/78/EC – Article 2, paragraph 2, a) – Direct discrimination on grounds of age – Article 6, paragraph 1 – Justification of differences of treatment based on age – Legitimate Objective – Character objectively justified – Age limit consisting of the normal retirement age – Collective Agreement – Authorization of specific social partners by the Member State – Article 18, paragraph 1 – Implementation shifted to social partners’
C-45/09, [2010] EUECJ C-45/09
See Also – Rosenbladt v Oellerking Gebaudereinigungsges mbH ECJ 12-Oct-2010
ECJ (Grand Chamber) Directive 2000/78/EC – Discrimination on the grounds of age – Termination of employment contract on reaching retirement age . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416409
ECJ Competition Agreements, decisions and concerted practices Copper plumbing tube industry Decision finding an infringement of Article 81 EC Continuous and multiform infringement Fines Limited participation in the cartel Geographic extent of the relevant market Duration of the infringement Cooperation.
T-21/05, [2010] EUECJ T-21/05
Updated: 19 August 2022; Ref: scu.416415
ECFI Community design – Invalidity proceedings – Registered Community design representing an instrument for writing – Earlier national figurative mark – Ground for invalidity – Use in the Community design of an earlier sign the holder of which has the right to prohibit such use Article 25(1)(e) of Regulation (EC) No 6/2002 – Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal
Vilaras
T-148/08, [2010] EUECJ T-148/08
Regulation (EC) No 6/2002 25(1)(e)
Updated: 19 August 2022; Ref: scu.416412
(Opinion) – Games of chance – restriction of licenses to companies registered with member state.
Mazak AG
[2010] EUECJ C-64/08, C-64/08
Opinion – Staatsanwaltschaft Linz v Engelmann ECJ 9-Sep-2010
ECJ Freedom to provide services – Freedom of establishment – National rules establishing a system of concessions for the operation of games of chance in casinos – Concessions obtainable solely by public limited . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416401
TIAC (i) In London Borough of Harrow v Ibrahim Case C-310/08 and Maria Teixeira v London Borough of Lambeth Case C-480/08 the European Court of Justice ECJ confirmed the principle established in the Baumbast Case C-413/99 [2002] ECR I-7091, namely that in order to confer on a child a right of residence Article 12 of Regulation 1612/68 requires only that he has lived with his parents or either one of them in a Member State while at least one of them resided there as a worker.
(ii) Although simply seeking employment may be sufficient to make an individual a worker in Union law for a limited period, it is not enough to engage Article 12, since this provision requires that the parent concerned is someone who is or has been employed in the territory of another Member State.
(iii) If there is a parent who meets the requirement of employment, then his child can acquire an Article 12 right of residence. But under the Baumbast principle such a right of residence for a child can only start to run from the date he or she begins in education; it cannot commence from the child’s date of birth.(The same is true in respect of the derived right of residence of a parent carer of such a child).
(iv) On Baumbast principles, a child in education can continue to have an Article 12 right of residence even if the said parent later ceases to be a worker.
(v) In a case concerned with an EEA decision the tribunal judge is obliged by s.84(1)(d) of the Nationality, Immigration and Asylum Act 2002 to decide whether the decision breaches any of the appellants’ rights under the Community Treaties in respect of their entry to or residence in the United Kingdom; see also s.109(3). Where the decision is a refusal to issue a permanent residence card that may necessitate, in the event that refusal is found correct, considering whether the appellant was entitled nonetheless to an extended right of residence.
[2010] UKUT 161 (IAC)
Nationality, Immigration and Asylum Act 2002 84(1)(d) 109(3)
England and Wales
Cited – Baumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2022; Ref: scu.416346
ECJ Opinion – Gambling – Exploitation of Internet gambling – Prohibition promote participation in a lottery abroad – Restriction on freedom to provide services – Protection of public policy – Non-discrimination
C-447/08, [2010] EUECJ C-447/08
Updated: 19 August 2022; Ref: scu.416402
Application by the administrators of Nortel Networks SA first, for a direction that the administrators are at liberty to apply to the commercial court at Versailles, France pursuant to Article 29A of the EC Regulation of Insolvency Proceedings 2000 for the opening of secondary insolvency proceedings in respect of the Company; second, that the administrators be at liberty to enter into a Protocol with the relevant Administrator appointed by the Commercial Court in any such secondary proceedings opened in respect of the Company. Third, a declaration is sought following the opening of the secondary proceedings that the administrators may be at liberty to apply from time to time such of the assets that is currently under their control to the French liquidators, subject to certain conditions particularly designed to ensure that the assets are properly applied commensurate with the duties of the administrators under English law that the payment of such assets should be subject to a proviso that the Commercial Court makes a full and binding order that the current and future administration expenses arising from administration shall be paid from the assets of the Company situated in the French administration together with all debts, claims, liabilities and expenses payable or arising under or in connection with secondary proceedings, or are otherwise adequately secured for.
Kaye QC HHJ
[2009] EWHC 1482 (Comm)
England and Wales
Updated: 19 August 2022; Ref: scu.416213
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were heard from differing answers at first instance. The injured passengers argued that Article 13(1)(a) of the Directive is concerned to prevent insurers excluding from insurance vehicles being driven by persons unauthorised by the insurers.
Held: The Directive provided that members states could allow certain exclusions. The court referred to the ECJ the question of whether section 151(8) complied with the Directive.
Neuberger MR L, Waller LJ, Wall LJ
[2010] Lloyds Rep IR 591, [2010] EWCA Civ 556
Road Traffic Act 1988 151(4), Council Directive 2009/103/EC
England and Wales
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore CA 22-Jun-2004
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident.
Cited – Angelidaki and Others v Organismos Nomarkhiaki Aftodiikisi Rethimnis ECJ 23-Apr-2009
ECJ (Social Policy) Directive 1999/70/EC Clauses 5 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Successive . .
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Cited – Criminal proceedings against Ruiz Bernaldez ECJ 28-Mar-1996
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to . .
Cited – Candolin Ea (Approximation Of Laws) ECJ 30-Jun-2005
Compulsory motor vehicle insurance – Directives 84/5/EEC and 90/232/EEC – Rules on civil liability – Passenger’s contribution to the loss or injury – Refusal or limitation of the right to compensation.
The drunken owner of a car allowed an . .
Cited – Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA ECJ 14-Sep-2000
ECJ Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family of . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 August 2022; Ref: scu.415925
The claimant, manufacturers of perfumes, complained that the defendants, manufacturers of smell-alike products, were in breach of the Directive in marketing their products using lists which identified those of the claimants products to which they were intended to smell similar.
Held: The claim succeeded. The defendant’s use of the registered marks in the comparison lists was a use within art 5 of Directive 89/104, since went beyond one which was ‘purely descriptive’ being used for advertising. It was therefore not protected by the Comparative Advertising Directive because it did not comply with the condition (h) in art 3a(1) and therefore also not condition (g).
Jacob, Wall, Rimer LJJ
[2010] EWCA Civ 535, [2010] WLR (D) 134
Council Directive 84/450/EEC, Council Directive 89/104/EEC 5(1)(a)
England and Wales
See Also – L’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
See Also – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
See Also – L’Oreal Sa and others v Bellure Nv and others CA 10-Oct-2007
. .
See Also – Intel Corporation v CPM United Kingdom Ltd (Approximation Of Laws) ECJ 27-Nov-2008
Europa Directive 89/104/EEC Trade marks Article 4(4)(a) Trade marks with a reputation – Protection against the use of a later identical or similar mark Use which takes or would take unfair advantage of, or is or . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 August 2022; Ref: scu.415975
ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’.
Advocate General Alber said: ‘The concept of waste underlying Community law on waste is defined in article 1(a) of Directive 75/442. According to that definition, ‘waste’ means ‘any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard’.’
DAO Edward P
[2003] All ER (EC) 237, [2002] 2 WLR 1240, C-418/97, [2000] EUECJ C-418/97, [2000] EUECJ C-419/97, [2002] QB 646
European
Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Cited – Attorney-General’s Reference (No 5 of 2000) CACD 6-Jun-2001
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 August 2022; Ref: scu.415236
Europa Carriage of goods by road – State aid – Action for annulment – Effect on trade between Member States and distortion of competition – Conditions for derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) – New aid or existing aid – Principle of protection of legitimate expectations – Principle of proportionality – Statement of reasons.
[2000] EUECJ T-6/98
European
Updated: 18 August 2022; Ref: scu.415227
ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation – Links between the general agreement and the measures of implementation as regards objects and participants – Fine – Determination of the amount.
T-88/95, [2000] EUECJ T-88/95
Updated: 18 August 2022; Ref: scu.415182
Freedman J
[2020] EWHC 3433 (QB), [2020] WLR(D) 679
Parliament and Council Directive 2009/103/EC
England and Wales
Updated: 18 August 2022; Ref: scu.656934