Category: European

Ergo Insurance: ECJ 21 Jan 2016

ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Choice of applicable law – Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 – Directive 2009/103/EC – Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers – Accident which occurred in a Member State other than that in which the insurance contracts were concluded – Action for indemnity between the insurers – Applicable law – Definitions of ‘contractual obligations’ and ‘non-contractual obligations’

Citations:

C-359/14, [2016] EUECJ C-359/14, ECLI:EU:C:2016:40

Links:

Bailii

Jurisdiction:

European

European

Updated: 18 August 2022; Ref: scu.559467

Commission v Cyprus: ECJ 21 Jan 2016

ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of movement for persons – Workers – Articles 45 TFEU and 48 TFEU – Old-age benefits – Difference of treatment on the ground of age – Civil servants from a Member State under the age of 45 who leave that Member State to take up employment in another Member State or within an EU institution

Citations:

C-515/14, [2016] EUECJ C-515/14, ECLI:EU:C:2016:30

Links:

Bailii

Jurisdiction:

European

European

Updated: 18 August 2022; Ref: scu.559461

Rod Leichtmetallrader v OHMI – Rodi Tr (Rod): ECFI 21 Jan 2016

ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark ROD – Earlier national figurative marks RODI — Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Earlier opposition proceedings – Rule 39(3) of Regulation (EC) No 2868/95

Citations:

T-75/15, [2016] EUECJ T-75/15, ECLI:EU:T:2016:26

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 18 August 2022; Ref: scu.559483

A (Judgment): ECJ 6 Oct 2015

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Articles 16 and 19(1) and (3) – Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State – Jurisdiction of the court first seised – Concept of ‘established’ jurisdiction – Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State – Consequences – Time difference between the Member States – Effects on the procedure for seising the courts

Citations:

C-489/14, [2015] EUECJ C-489/14, [2016] 3 WLR 607, [2016] Fam 345, [2016] ILPr 10, [2016] 1 FCR 303, [2015] Fam Law 1466, [2016] 1 FLR 31, [2015] WLR(D) 397, ECLI:EU:C:2015:654

Links:

Bailii, WLRD

Statutes:

Council Regulation (EC) No 2201/2003

Jurisdiction:

European

Family, European

Updated: 18 August 2022; Ref: scu.553085

Base Company: ECJ 6 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 13 – Fee for rights to install facilities – Scope – Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax

Citations:

C-346/13, [2015] EUECJ C-346/13, ECLI:EU:C:2015:649

Links:

Bailii

Statutes:

Directive 2002/20/EC 13

Jurisdiction:

European

Utilities

Updated: 18 August 2022; Ref: scu.553086

European Commission v Czech Republic: ECJ 10 Jun 2010

ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Infringement of the first, second and third paragraphs of Article 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC (OJ 1997 L 73, p. 5) and Directive 2003/35/EC of the European Parliament and of the Council (OJ 2003 L 156, p. 17) – National legislation restricting public participation in decision-making procedure in the environmental field.

Citations:

C-378/09, [2010] EUECJ C-378/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 18 August 2022; Ref: scu.535382

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 the system overall. The Counicl argued that their refusal was not a breach of the 2006 Directive.
Held: The court rejected the first way that the Council put its case. Article 13(2) is only concerned with authorisation procedures and formalities at the stage when a person is seeking permission to access or exercise a service activity. That is its natural meaning, read with the definition of ‘authorisation scheme’ in article 4. Article 13(2) is not concerned with fees which may be required to be paid (eg annually) for the possession, retention or renewal of a licence, once the authorisation stage is satisfactorily past. The ‘charges which the applicants may incur from their application’ to which article 13(2) refers cannot sensibly embrace fees of this nature payable by successful applicants for the licence or its retention or renewal after the authorisation stage.
However, the remaining questions did reuire reference to the European Court. They were: ‘(1) whether the requirement to pay a fee including the second refundable part means, as a matter of law and without more, that the respondents incurred a charge from their applications which was contrary to article 13(2) in so far as it exceeded any cost to Westminster City Council of processing the application, or
(2) whether a conclusion that such a requirement should be regarded as involving a charge – or, if it is so to be regarded, a charge exceeding the cost to Westminster City Council of processing the application – depends on the effect of further (and if so what) circumstances, for example: (a) any evidence establishing that the payment of the second refundable part involved or would be likely to involve an applicant in some cost or loss, (b) any saving in the costs to Westminster City Council of processing applications (and so in their non-refundable cost) that would result from requiring an up-front fee consisting of both parts to be paid by all applicants.’

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Reed, Lord Toulson

Citations:

[2015] UKSC 25, [2015] BLGR 753, [2015] PTSR 643, [2015] WLR(D) 193, [2015] AC 1600, [2015] 3 CMLR 9, [2015] LLR 564, [2015] 2 WLR 1271, UKSC 2013/0146

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary

Statutes:

Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
Cited – Regina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
At First Instance – Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council Admn 16-May-2012
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the . .
Appeal from – 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 . .

Cited by:

At SC (1) – Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council SC 19-Jul-2017
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 . .
Reference – 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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing, European

Updated: 18 August 2022; Ref: scu.546149

Commission v Moravia Gas Storage: ECJ 26 Mar 2015

Judgment – Appeals – Internal market in natural gas – Obligation of natural gas undertakings – Organisation of a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities – Temporary exemption for future underground gas storage facilities in Damborice – Commission decision – Order to withdraw the exemption decision – Directives 2003/55/EC and 2009/73/EC – Temporal application
‘A new rule of law applies from the entry into force of the act introducing it, and, while it does not apply to legal situations that have arisen and become definitive under the old law, it does apply to their future effects, and to new legal situations. It is otherwise, subject to the principle of the non-retroactivity of legal acts, only if the new rule is accompanied by special provisions which specifically lay down its conditions of temporal application.’

Citations:

C-596/13, [2015] EUECJ C-596/13, ECLI:EU:C:2015:203, [2015] 3 CMLR 17

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – O’Brien v Ministry of Justice SC 12-Jul-2017
The claimant challenged e pension arrangements made for part time judges.
Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 18 August 2022; Ref: scu.545360

O’Brien v Ministry of Justice: ECJ 1 Mar 2012

1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to determine whether judges fall within that concept, subject to the condition that that does not lead to the arbitrary exclusion of that category of persons from the protection offered by Directive 97/81, as amended by Directive 98/23, and that agreement. An exclusion from that protection may be allowed only if the relationship between judges and the Ministry of Justice is, by its nature, substantially different from that between employers and their employees falling, according to national law, under the category of workers.
2) The Framework Agreement . . must be interpreted as meaning that it precludes, for the purpose of access to the retirement pension scheme, national law from establishing a distinction between full-time judges and part-time judges remunerated on a daily fee-paid basis, unless such a difference in treatment is justified by objective reasons, which is a matter for the referring court to determine.’
‘budgetary considerations cannot justify discrimination’
The Court stated: ‘The Latvian Government doubts whether the reference for a preliminary ruling is admissible. It is contrary to the principle of the protection of legitimate expectations and the principle of legal certainty to hold that Directive 97/81 may apply to facts which took place before the entry into force of that directive in the United Kingdom and which continued for a short time after its entry into force, even if the right to a retirement pension claimed by Mr O’Brien arose after the expiry of the time-limit for transposing Directive 97/81.
The Court has already declared, as regards the applicability ratione temporis of that directive that new rules apply, unless otherwise specifically provided, immediately to the future effects of a situation which arose under the old rule. Thus the Court concluded that the calculation of the period of service required to qualify for a retirement pension is governed by Directive 97/81, including periods of employment before the directive entered into force (Joined Cases C-395/08 and C-396/08 Bruno [2010] ECR I-5119, paras 53 to 55).
Consequently, the reference for a preliminary ruling must be declared admissible.’

Judges:

J.N. Cunha Rodrigues, P

Citations:

[2012] EUECJ C-393/10, C-393/10, [2012] ICR 955, [2012] 2 CMLR 25, [2012] All ER (EC) 757, [2012] WLR(D) 58, [2012] IRLR 421

Links:

Bailii, WLRD

Jurisdiction:

European

Citing:

At EAT – Department of Constitutional Affairs v O’Brien EAT 22-Apr-2008
EAT JURISDICTIONAL POINTS
Claim in time and effective date of termination
Extension of time: just and equitable
Appeal against Chair’s exercise of discretion to extend time for a PTWR claim . .
At CA – O’Brien v Department for Constitutional Affairs CA 19-Dec-2008
The claimant was a part time recorder. He claimed to be entitled to a judicial pension.
Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to . .
At SC – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Opinion – O’Brien v Ministry of Justice ECJ 17-Nov-2011
ECJ (Opnion) Directive 97/81/EC – Framework Agreement on part-time work – Notion of part-time workers who have an employment contract or employment relationship – Part-time judges
Kokott AG said: ‘In this . .

Cited by:

At ECJ – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Cited – Coll, Regina (on The Application of) v Secretary of State for Justice SC 24-May-2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families.
At ECJ – O’Brien v Ministry of Justice and Others CA 6-Oct-2015
The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively.
Held: The decision was upheld. The ‘no . .
At ECJ – O’Brien v Ministry of Justice SC 12-Jul-2017
The claimant challenged e pension arrangements made for part time judges.
Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 18 August 2022; Ref: scu.471979

Copygene A v S: ECJ 10 Jun 2010

ECJ (Taxation) Sixth VAT Directive – Exemptions – Article 13A(1)(b) – Hospital and medical care – Closely related activities – Duly recognised establishments of a nature similar to hospitals or centres for medical treatment or diagnosis – Private stem cell bank – Services of collection, transportation, analysis and storage of umbilical cord blood of newborn children – Possible autologous or allogeneic use of stem cells

Judges:

J.N. Cunha Rodrigues, P

Citations:

[2010] EUECJ C-262/08, C-262/08

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Copygene A v S (Taxation) ECJ 10-Sep-2009
ECJ Opinion – VAT Exemptions – Activities closely related to hospital and medical care undertaken by duly recognised establishments of a nature similar to hospitals or centres for medical treatment or diagnosis – . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 18 August 2022; Ref: scu.514389

Elchinov v Natsionalna zdravnoosiguritelna kasa: ECJ 10 Jun 2010

ECJ Opinion – Obligation of a lower court to comply with directions on interpretation given by a higher court – Procedural autonomy – Force of res judicata – Reconsideration of the Rheinmuhlen I case-law – Freedom to provide services – Article 56 TFEU – Social security – Article 22 of Regulation No 1408/71 – Medical care requiring hospitalisation – Whether a system of prior authorisation is compatible with European Union law – Presumed link between the material impossibility of providing a service referred to in national law and the refusal to cover the cost of treatment received in another Member State – Definition of effective medical treatment – Legislation applicable to reimbursement of the cost of treatment received in another Member State.

Judges:

Cruz Villalon AG

Citations:

C-173/09, [2010] EUECJ C-173/09

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Elchinov v Natsionalna zdravnoosiguritelna kasa ECJ 5-Oct-2010
ECJ Social security – Freedom to provide services – Sickness insurance – Hospital treatment provided in another Member State – Prior authorisation – Conditions of application of the second subparagraph of Article . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 18 August 2022; Ref: scu.420184

AM and S Europe Ltd v Commission of The European Communities: ECJ 4 Feb 1981

Sir Gordon Slynn AG discussed legal advce priviege: ‘Whether it is described as the right of the client or the duty of the lawyer, this principle has nothing to do with the protection or privilege of the lawyer. It springs essentially from the basic need of a man in a civilised society to be able to turn to his lawyer for advice and help, and if proceedings begin, for representation; it springs no less from the advantages to a society which evolves complex law reaching into all the business affairs of persons, real and legal, that they should be able to know what they can do under the law, what is forbidden, where they must tread circumspectly, where they run risks.’

Judges:

Sir Gordon Slynn AG

Citations:

C-155/79R, [1981] EUECJ C-155/79R, [1983] QB 878

Links:

Bailii

Cited by:

See Also – AM and S Europe Ltd v Commission of The European Communities ECJ 18-May-1982
The court set out the rationale for legal professional privilege: ‘Whether it is described as the right of the client or the duty of the lawyer, this principle has nothing to do with the protection or privilege of the lawyer. It springs essentially . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, European

Updated: 18 August 2022; Ref: scu.414599

The Rank Group Plc v Revenue and Customs: FTTTx 11 Dec 2009

FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] STC 1438 considered – Whether FOBTs exempt comparators – Whether on facts due diligence defence established to breach of fiscal neutrality
Exemption- Slot machines – Exclusion of ‘gaming machines’ from exemption – VATA 1994 Sch 9 Group 4 – 6th Directive Art 13B(f) – Breach of fiscal neutrality – Period of breach – Appeal allowed for all periods

Citations:

[2009] UKFTT 363 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At VDT(1) – The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .
At VDT (2) – Rank Group Ltd v Revenue and Customs VDT 19-Aug-2008
VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal . .
At ChD – Revenue and Customs v The Rank Group ChD 8-Jun-2009
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference . .

Cited by:

At FTTTx – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At FTTTx – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At FTTTx – HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At FTTTx – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At FTTTx – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 17 August 2022; Ref: scu.409170

Asociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa): ECJ 28 Sep 2006

ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions referred Directives 92/50/EEC, 93/36/EEC and 93/37/EEC National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts Internal management structure Conditions The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it

Judges:

Geelhoed AG

Citations:

ECLI:EU:C:2007:227, [2006] EUECJ C-295/05, [2007] ECR I-2999

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 17 August 2022; Ref: scu.408735

Athinaiki Oikogeniaki Artopoiia v OHMI – Ferrero (Ferro): ECFI 15 Mar 2006

Community trade mark – Opposition proceedings – Earlier word mark FERRERO – Application for Community figurative trade mark containing the verbal element ‘FERRO’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Judges:

M. Jaeger, P

Citations:

T-35/04, [2006] EUECJ T-35/04

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(1)(b)

European, Intellectual Property

Updated: 17 August 2022; Ref: scu.408718

E. Friz GmbH v Carsten von der Heyden (Environment And Consumers): ECJ 15 Apr 2010

ECJ Consumer protection – Contracts negotiated away from business premises Scope of Directive 85/577/EEC – Entry into a closed-end real property fund established in the form of a partnership – Cancellation.
‘ . . art.5 (2) of the Directive provides that notification by the consumer of the renunciation of the effects of his undertaking has the effect of releasing him from any obligations under the cancelled contract.
It follows that, if the consumer has been properly informed of his right of renunciation, he may be released from his contractual obligations by exercising his right of renunciation within the period provided for in art.5(1) of the Directive, in accordance with the procedure laid down by national law.
On the other hand, as the Court has already held, where he did not receive that information, that period of not less than seven days does not start to run, so that the consumer can exercise his right of renunciation under art.5 (1) of the Directive at any time . . ‘

Citations:

C-215/08, [2010] EUECJ C-215/08, [2010] 3 CMLR 23

Links:

Bailii

Statutes:

Directive 85/577/EEC

Citing:

Cited – Heininger v Bayerische Hypo-und Vereinsbank AG ECJ 13-Dec-2001
ECJ Consumer protection – Doorstep selling – Right of cancellation – Agreement to grant credit secured by charge on immovable property. . .

Cited by:

Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 17 August 2022; Ref: scu.408531

EMI Group v The Commissioners for Her Majesty’s Revenue and Customs: ECJ 15 Apr 2010

ECJ (Opinion) Sixth VAT Directive Article 5(6) – Gifts of small value – Samples – Definition – Recorded music – Distribution free of charge for promotional purposes.

Judges:

Jaaskinen AG

Citations:

C-581/08, [2010] EUECJ C-581/08 – O

Links:

Bailii

Cited by:

Opinion – EMI Group v The Commissioners for Her Majesty’s Revenue and Customs ECJ 30-Sep-2010
ECJ Sixth VAT Directive – Second sentence of Article 5(6) – Concept of ‘samples’ – Concept of ‘gifts of small value’ – Recorded music – Distribution free of charge for promotional purposes . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 17 August 2022; Ref: scu.408532

Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010

EAT VICTIMISATION DISCRIMINATION
SEX DISCRIMINATION – Burden of Proof
Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act 1975 – Employer contends, relying on Oyarce v Cheshire County Council [2008] ICR 1179:
(1) that s. 63A does not apply to claims of victimisation; and
(2) that in any event the statutory instrument by which it was inserted was ultra vires because the Burden of Proof Directive did not oblige the UK to apply the reverse burden of proof provisions to victimisation claims and that accordingly the powers conferred by s. 2 of the European Communities Act 1972 were not available
Employer also contends (a) that Tribunal in any event failed properly to apply the decision of the House of Lords in Derbyshire v St. Helens Metropolitan Borough Council [2001] ICR 841; and (b) that the Tribunal was obliged to make an express finding whether the reason advanced by the employer for the way he had drafted the reference was genuine and had not done so.
Held:
(1) The ratio of Oyarce is peculiar to the Race Relations Act 1976 and does not extend to claims under other discrimination statutes.
(2) S. 63A of the 1975 Act is not ultra vires – Oakley Inc v. Animal Ltd [2006] Ch 337 applied.
(3) While the Tribunal had referred unnecessarily to the decisions in Derbyshire and Chief Constable of West Yorkshire v Khan [2001] ICR 1065, which are concerned specifically with the case of acts done by an employer to protect his position as a litigant, rather than focusing on the general principles deriving from Nagarajan v London Regional Transport [1999] ICR 877, it had nevertheless asked and answered the right questions.
(4) In a case decided on the basis of s. 63A it was enough for the Tribunal to find (with such reasons as were appropriate) that the employer had not proved that he was not significantly influenced by the bringing of the previous proceedings.

Judges:

Underhill J P

Citations:

[2010] UKEAT 0158 – 09 – 2903, [2010] ICR 1008, [2010] IRLR 572

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 63A, European Communities Act 1972

Citing:

Cited – Oyarce v Cheshire County Council CA 2-May-2008
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly . .
Cited – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Cited – St Helens Borough Council v Derbyshire and others HL 25-Apr-2007
The claimants were pursuing an action for equal pay. Several others settled their own actions, and the respondents then wrote direct to the claimants expressing their concern that the action ws being continued and its possible effects. The claimants . .
Cited – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – Cornelius v University College of Swansea CA 1987
A college declined to act on an employee’s transfer request or to operate their grievance procedure while proceedings under the 1975 Act, brought by the employee against the college, were still awaiting determination. The college was trying to . .
Cited – Swiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .

Cited by:

See Also – Bullimore v Pothecary Witham Weld etc EAT 21-Sep-2010
EAT SEX DISCRIMINATION – COMPENSATION
H, a partner in a firm of solicitors, PWW, by whose predecessor C had previously been employed gave an unfavourable reference to another firm, S, with whom she was . .
Cited – Deer v University of Oxford CA 6-Feb-2015
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation.
Held: Two appeals succeed, and those matters . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 16 August 2022; Ref: scu.406562

Kucukdeveci v Swedex GmbH and Co KG: ECJ 19 Jan 2010

ECJ Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 for calculating the notice period – Justification for the measure – National legislation contrary to the directive – Role of the national court.

Judges:

Skouris P

Citations:

[2010] EUECJ C-555/07, ECLI:EU:C:2010:21, [2011] CEC 3, [2011] 2 CMLR 27, [2010] All ER (EC) 867, [2010] IRLR 346, [2010] 2 CMLR 33

Links:

Bailii

Statutes:

Directive 2000/78/EC

Jurisdiction:

European

Citing:

See Also – Kucukdevici v Swedex GmbH ECJ 7-Jul-2007
ECJ Directive 2000/78/EC in principle non’discrimination age – National legislation on dismissal not taking into account the period of service completed before the employee reaches the age of 25 to calculate the . .

Cited by:

Cited – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
Cited – Homer v Chief Constable of West Yorkshire Police SC 25-Apr-2012
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. . .
Cited – Seldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

European, Employment, Discrimination

Updated: 16 August 2022; Ref: scu.406182

Gabrielle Defrenne v Belgian State: ECJ 25 May 1971

ECJ The concept of pay as defined in article 119 of the EEC Treaty does not include social security schemes or benefits directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are obligatorily applicable to general categories of workers or which, within the framework of such a general system established by legislation, relate to certain categories of workers in particular.
This applies especially to retirement pension schemes which give workers the benefit of a legal system, the financing of which, workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship between the employer and the worker than by considerations of social policy. The part due from the employer in the financing of such schemes does not constitute a direct or indirect payment to the worker; the latter receives the benefits legally prescribed solely by reason of the fact that he fulfils the legal conditions required for their being granted.
Situations involving discrimination resulting from the application of such a scheme are not subject to the requirements of article 119.

Citations:

C-80/70, R-80/70, [1971] EUECJ R-80/70, [1974] 1 CMLR 494, [1971] ECR 445

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Defrenne v Sabena (No 2) ECJ 8-Apr-1976
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
see also – Defrenne v Sabena Airlines ECJ 15-Jun-1978
LMA Ms Defrenne was an air hostess employed by SABENA, a Belgian airline company. She brought an action against the airline based on Art.119 [now141] EC. Ms Defrenne claimed that in paying their male stewards . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Benefits

Updated: 16 August 2022; Ref: scu.214131

Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996

Europa The concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of employment, by virtue of legislative provisions or on a voluntary basis. It includes compensation received for losses of earnings due to attendance at training courses imparting the information necessary for performing staff council functions. Although such compensation does not derive as such from the contract of employment, it nevertheless constitutes a benefit paid indirectly by the employer, since it is paid by virtue of legislative provisions and under a contract of employment. Where the category of part-time workers includes a much higher number of women than men, national legislation which, not being suitable and necessary for achieving a legitimate social policy aim, has the effect of limiting to their individual working hours the compensation which staff council members employed on a part-time basis are to receive from their employer for attending training courses which impart the knowledge necessary for serving on staff councils and are held during the full-time working hours applicable in the undertaking but which exceed their individual part-time working hours, when staff council members employed on a full-time basis receive compensation for attendance at the same courses on the basis of their full-time working hours, contravenes the prohibition of indirect discrimination in the matter of pay laid down by Article 119 of the Treaty and Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women.

Citations:

C-457/93, [1996] ECR I-1243, [1996] EUECJ C-457/93

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Barry v Midland Bank Plc HL 22-Jul-1999
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 16 August 2022; Ref: scu.161234

Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999

(External relations) Article 234 EC (ex-Article 177) – EEA Agreement – Jurisdiction of the Court of Justice – Accession to the European Union – Directive 80/987/EEC – Liability of a State
Advocate General Jacobs said: ‘Retroactive effect consists in the application of the rule to situations which were permanently fixed before that rule came into force. Immediate effect, which, in principle, works likewise according to the principle tempus regit actum, consists in applying the rule to situations which are continuing.’

Judges:

Advocate General Jacobs

Citations:

[1999] ECR I-3551, C-321/97, [1999] EUECJ C-321/97, [2000] 2 CMLR 191

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Walker v Innospec Ltd and Others SC 12-Jul-2017
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner.
Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.162226

Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such a contract of the entry into force of the Europe Agreement
‘According to settled case law, in order to ensure observance of the principles of legal certainty and the protection of legitimate expectations, the substantive rules of Community law must be interpreted as applying to situations existing before their entry into force only in so far as it clearly follows from their terms, their objectives or their general scheme that such effect must be given to them (see, in particular, Bout (Case C-21/81) [1982] ECR 381, para 13, and GruSa Fleisch (Case C-34/92) [1993] ECR I-4147, para 22).
It also follows from settled case law that new rules apply immediately to the future effects of a situation which arose under the old rules (see, among other cases, Licata v Economic and Social Committee (Case C-270/84) [1986] ECR 2305, para 31). In application of that principle the Court has held, in particular, that since the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p 21, and OJ 1995 L 1, p 1) contains no specific conditions whatsoever with regard to the application of article 6 of the EC Treaty (now, after amendment, article 12 EC), that provision must be regarded as being immediately applicable and binding on the Republic of Austria from the date of its accession, with the result that it applies to the future effects of situations arising prior to that new member state’s accession to the Communities (Case C-122/96) Saldanha and MTS [1997] ECR I-5325, para 14).’
‘Applying a legal provision to a fixed-term employment contract which has not finally ended by the time that provision enters into force does not involve the retroactive application of the law; it entails only the immediate application of that provision to the effects in the future of situations which have arisen under the law as it stood before amendment.’

Judges:

Advocate General Jacobs

Citations:

C-162/00, [2002] EUECJ C-162/00, [2002] 2 CMLR 1, [2002] ECR I-1049

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Walker v Innospec Ltd and Others SC 12-Jul-2017
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner.
Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.167573

Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by the employer does not constitute a social security scheme governed directly by statute and thus outside the scope of article 119, but is subject to that provision. Article 119 of the treaty is infringed by an undertaking which excludes part-time employees from its occupational pension scheme, where that exclusion affects a far greater number of women than men, unless the undertaking shows that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex. Such factors may lie in the fact that the undertaking seeks to employ as few part-time workers as possible, where it is shown that that objective corresponds to a real need on the part of the undertaking and the means chosen for achieving it are appropriate and necessary. Article 119 does not have the effect of requiring an employer to organize its occupational pension scheme in such a manner as to take into account the particular difficulties faced by persons with family responsibilities in meeting the conditions for entitlement to such a pension.
‘It is for the national court, which has sole jurisdiction to make findings of fact, to determine whether and to what extent the grounds put forward by an employer to explain the adoption of a pay practice which applies independently of a worker’s sex but in fact affects more women than men may be regarded as objectively justified economic grounds. If the national court finds that the measures chosen by Bilka correspond to a real need on the part of the undertaking, are appropriate with a view to achieving the objectives pursued and are necessary to that end, the fact that the measures affect a far greater number of women than men is not sufficient to show that they constitute an infringement of Article 119.’

Citations:

[1986] ECR 1607, [1987] ICR 110, C-170/84, R-170/84, [1986] EUECJ R-170/84, [1984] IRLR 317

Links:

Bailii

Statutes:

EC Treaty 119

Jurisdiction:

European

Citing:

See Also – J P Jenkins v Kingsgate (Clothing Productions) Ltd ECJ 31-Mar-1981
ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 . .

Cited by:

Followed – Barton v Investec Henderson Crosthwaite Securities Ltd EAT 6-Mar-2003
EAT Sex Discrimination – Inferring Discrimination
The claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay.
Held: The new . .
Cited – Barry v Midland Bank Plc HL 22-Jul-1999
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and . .
Cited – Hardys and Hansons Plc v Lax CA 7-Jul-2005
The issue of justification of discrimination is rarely a simple matter. No margin of appreciation was to be allowed to an employer. It is for the tribunal to make its own judgment as to whether the practice complained of by the employee was . .
Cited – Sharp v Caledonia Group Services Ltd EAT 1-Nov-2005
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.
The . .
Cited – Azmi v Kirklees Metropolitan Borough Council EAT 30-Mar-2007
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have . .
Cited – Blackburn and Another v West Midlands Police CA 6-Nov-2008
The claimants, female police officers, complained that male officers had received priority payments where they had received none. The defendant said that the payments were justified in achieving a proper aim, namely the encouragement of night . .
Cited – O’Hanlon v Revenue and Customs CA 30-Mar-2007
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue . .
Cited – Rolls Royce Plc v Unite the Union QBD 17-Oct-2008
The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations.
Held: The union was . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – Ayling v Summers and Others ChD 14-Sep-2009
Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want . .
Cited – Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust CA 21-Dec-2005
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay.
Held: To constitute a single source for the purpose of article 141, it is not . .
Cited – Homer v Chief Constable of West Yorkshire Police SC 25-Apr-2012
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. . .
Cited – Walker v Innospec Ltd and Others SC 12-Jul-2017
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner.
Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 16 August 2022; Ref: scu.133926

Skatteministeriet v Henriksen: ECJ 13 Jul 1989

Europa Article 13B(b ) of the Sixth Directive ( 77/388 ) on the harmonization of the laws of the Member States relating to turnover taxes must be interpreted as meaning that the phrase ‘premises and sites for parking vehicles’, which introduces an exception to the exemption laid down in that provision in regard to the leasing or letting of immovable property, covers the letting of all places designed to be used for parking vehicles, including closed garages, but that such lettings cannot be excluded from the exemption if they are closely linked to lettings of immovable property for another purpose which are themselves exempt from value-added tax. Member States may not exempt from value-added tax lettings of premises and sites for parking which are not covered by the exemption.

Citations:

C-173/88, [1990] STC 768, [1989] ECR 2763

Jurisdiction:

European

Cited by:

Cited – Colaingrove Ltd v the Commissioners of Customs and Excise CA 19-Feb-2004
The taxpayer licensed static caravans on seasonal pitches on its land. They claimed exemption from charging VAT on the basis that they were residential lettings exempt under European legislation.
Held: The appeal failed. The legislation . .
Cited – Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise HL 15-Dec-1998
Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them.
Held: The contract providing cleaning and other services, by a . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 16 August 2022; Ref: scu.134902

Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Europa Compensation paid to a worker on termination of the employment relationship is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from such termination. It follows that such compensation falls within the definition of pay for the purposes of Article 119 of the Treaty. Article 119 of the EEC Treaty precludes the application of a clause in a collective wage agreement applying to the national public service under which the employers may exclude part-time employees from the payment of a severance grant when in fact a considerably lower percentage of men than of women work part-time, unless the employer shows that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex. Where there is indirect discrimination in a clause in a collective wage agreement, the class of persons placed at a disadvantage, whether men or women, must be treated in the same way and made subject to the same scheme, proportionately to the number of hours worked, as other workers, such scheme remaining, for want of correct transposition of Article 119 of the EEC Treaty into national law, the only valid point of reference.

Citations:

C-33/89, [1990] ECR I-2591, [1990] EUECJ C-33/89

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Barry v Midland Bank Plc HL 22-Jul-1999
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 16 August 2022; Ref: scu.160206

Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994

ECJ The Court of Justice is in principle bound to give a preliminary ruling if the questions raised by the national court or tribunal, which is best placed to appreciate, in the light of the circumstances of the case, the necessity of obtaining a preliminary ruling, have to do with the interpretation of a provision of Community law. In particular, the Court cannot refuse to supply the national court with the elements of Community law which it seeks on the basis of the argument that the ruling might lead the court to annul national provisions and thus create a legal vacuum in national law. Article 119 of the Treaty and Article 1 of Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women does not prevent collective agreements from restricting payment of overtime supplements, for both part -time and full-time employees, to cases where the normal working hours fixed by them are exceeded, excluding hours worked in excess of the hours fixed by individual contracts. Such rules do not result in part-time employees being treated differently to full-time employees because the former receive the same overall pay as full-time employees for the same number of hours worked, whether or not the normal working hours fixed by collective agreement are exceeded, overtime supplements being paid to all categories of employees only when those normal working hours are exceeded.

Citations:

C-399/92, [1994] ECR I-5727, [1994] EUECJ C-399/92

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Barry v Midland Bank Plc HL 22-Jul-1999
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 16 August 2022; Ref: scu.161015

Lidl Stiftung v OHIM (Deluxe): ECFI 17 Dec 2014

ECJ Judgment – Community trade mark – Community figurative trade mark Deluxe – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

Judges:

S. Papasavvas (Rapporteur), President, NJ Forwood and E. Bieliunas, Judges

Citations:

T-344/14, [2014] EUECJ T-344/14, ECLI:EU:T:2014:1097

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 16 August 2022; Ref: scu.540233

Spain v Commission: ECJ 9 Oct 2014

ECJ (Judgment) (French Text) Appeal – Cohesion Fund – Reduction of financial assistance – Public works contracts – Directive 93/37 / EEC – Award criteria – previous work experience – Criteria for qualitative selection

Judges:

Mme C. Toader

Citations:

C-641/13, [2014] EUECJ C-641/13

Links:

Bailii

Statutes:

Directive 93/37/EEC

Jurisdiction:

European

European

Updated: 16 August 2022; Ref: scu.537477

Yesmoke Tobacco (Judgment): ECJ 9 Oct 2014

ECJ Reference for a preliminary ruling – Tax provisions – Harmonisation of laws – Directives 95/59/EC and 2011/64/EU – Structure and rates of excise duty applied to manufactured tobacco – Establishment of an excise duty – Principle establishing one rate of excise duty for all cigarettes – Possibility for the Member States of establishing a minimum amount of excise duty – Cigarettes in the lowest price category – National legislation – Specific category of cigarettes – Excise duty set at 115%

Judges:

T. von Danwitz (Rapporteur), P

Citations:

C-428/13, [2014] EUECJ C-428/13

Links:

Bailii

Statutes:

Directive 2011/64/EU, Directive 95/59/EC

Jurisdiction:

European

Customs and Excise

Updated: 16 August 2022; Ref: scu.537480

Ahlstrom And Others: ECJ 9 Oct 2014

ECJ (Judgment) Reference for a preliminary ruling – External relations – Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco – Exclusion of any possibility for Community vessels to carry out fishing activities in Moroccan fishing zones on the basis of a licence issued by the Moroccan authorities without the intervention of the competent European Union authorities

Judges:

M. Ilesic, P

Citations:

C-565/13, [2014] EUECJ C-565/13

Links:

Bailii

Jurisdiction:

European

European

Updated: 16 August 2022; Ref: scu.537471

Douane Advies Bureau Rietveld v Hauptzollamt Hannover: ECJ 9 Oct 2014

ECJ (Judgment) Reference for a preliminary ruling – Customs union and common customs tariff – Tariff classification – Heading 3822 – Concept of ‘diagnostic or laboratory reagents’ – Indicators of exposure to a predetermined target temperature

Judges:

K. Jurimae (Rapporteur), P

Citations:

C-541/13, [2014] EUECJ C-541/13

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 16 August 2022; Ref: scu.537473

Council of The European Union v Kingdom of Spain: ECJ 17 Sep 2013

ECJ Action for annulment – Definitive adoption of the European Union’s general budget for the financial year 2011 – Act of the President of the Parliament declaring that the budget has been definitively adopted – Article 314(9) TFEU – Establishment by the Parliament and the Council of the European Union’s annual budget- Article 314, introductory paragraph, TFEU – Principle of institutional balance – Principle that the institutions must act within the limits of their powers – Duty to cooperate in good faith – Compliance with essential procedural requirements

Citations:

C-77/11, [2013] EUECJ C-77/11

Links:

Bailii

Jurisdiction:

European

European

Updated: 16 August 2022; Ref: scu.515358

Bank Saderat Iran v Council of The European Union: ECFI 5 Feb 2013

ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Manifest error of assessment

Citations:

T-494/10, [2013] EUECJ T-494/10

Links:

Bailii

Jurisdiction:

European

Banking

Updated: 16 August 2022; Ref: scu.470796

Revenue and Customs v Ruas: CA 23 Mar 2010

The court was asked whether an obligation arose to pay child benefit for the children of a Portuguese worker resident here but no longer working for his children living in Portugal.
Held: The benefit was payable.

Citations:

[2010] EWCA Civ 291

Links:

Bailii

Statutes:

EC Council Regulation 1408/71 of 14 June 1971, Social Security, Contributions and Benefits Act 1992 146

Jurisdiction:

England and Wales

Citing:

Applied – Martinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .

Cited by:

Cited – Tolley (Deceased) v The Secretary of State for Work and Pensions CA 23-Oct-2013
The Court was asked as to entitlement to receive the care component of disability living allowance when she moved permanently from the United Kingdom to Spain. . .
Cited – Secretary of State for Work and Pensions v Tolley SC 29-Jul-2015
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, . .
Lists of cited by and citing cases may be incomplete.

Benefits, European, Children

Updated: 16 August 2022; Ref: scu.403480

British Airways Plc v Williams and Others: SC 24 Mar 2010

The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay.
Held: The position was not acte claire, and the case was referred to the ECJ.

Judges:

Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Clarke

Citations:

[2010] UKSC 16

Links:

Bailii

Statutes:

The Civil Aviation (Working Time) Regulations 2004 (SI 2004 No. 756), Council Directive 2000/79/EC of 27 November 2000, Working Time Regulations 1998 (SI 1998 No. 1833)

Jurisdiction:

England and Wales

Citing:

At EAT – British Airways Plc v Williams and others EAT 28-Feb-2008
EAT Working Time Regulations: Holiday Pay
Civil Aviation (Working Time) Regulations – whether the annual leave pay of airline pilots should be calculated by reference to their basic salary or their basic . .
Appeal from – British Airways Plc v Williams and Others CA 3-Apr-2009
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the . .
Cited – Tarmac Roadstone Holdings Ltd v Peacock CA 1973
Overtime hours are not part of normal working hours when calculating redundancy payments unless they are obligatory on both sides, that is, contractually guaranteed by the employer and compulsory for the employee.
Lord Denning MR said: ‘First, . .
Cited – D Bamsey and others v Albon Engineering and Manufacturing Plc CA 25-Mar-2004
The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay.
Held: The 1998 Regulations were . .
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 – Kucukdeveci v Swedex GmbH and Co KG ECJ 19-Jan-2010
ECJ Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of . .
Cited – Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1) ECJ 5-Oct-2004
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in . .

Cited by:

Reference from – Williams And Others v British Airways Plc ECJ 16-Jun-2011
ECJ (Opinion) Working conditions – Organisation of working time – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Extent of the obligations provided for by that directive in respect of the nature . .
Reference to ECJ – British Airways Plc v Williams and Others SC 17-Oct-2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their . .
Reference – Williams And Others v British Airways Plc ECJ 15-Sep-2011
ECJ Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots
ECJ Article 7 of Directive 2003/88/EC and clause 3 . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 16 August 2022; Ref: scu.406124

Grupo Promer Mon Graphic v OHMI- Pepsico (Representation D’Un Support Promotionnel Circulaire): ECFI 18 Mar 2010

ECFI Community design – Invalidity proceedings Registered Community design representing a circular promotional item Prior design Ground for invalidity Conflict No different overall impression Meaning of ‘conflict’ Product at issue Degree of freedom of the designer Informed user Article 10 and Article 25(1)(b) and (d) of Regulation (EC) No 6/2002.

Citations:

T-9/07, [2010] EUECJ T-9/07

Links:

Bailii

European, Intellectual Property

Updated: 16 August 2022; Ref: scu.403449

Commission v Italy (Environment And Consumers): ECJ 4 Mar 2010

ECJ Failure of a Member State to fulfil obligations – Environment Directive 2006/12/EC Articles 4 and 5 – Waste management Management plan Integrated and adequate network of disposal installations – Danger for human health or the environment Force majeure Civil disturbances – Organised crime

Judges:

Bonichot, P

Citations:

C-297/08, [2010] EUECJ C-297/08

Links:

Bailii

Statutes:

Directive 2006/12/EC 4 5

European, Environment

Updated: 16 August 2022; Ref: scu.403439

Evropaiki Dynamiki v Commission: ECFI 19 Mar 2010

ECJ Law Relating To Undertakings – Public service contracts Community tendering procedure Provision of computer services relating to telematic systems to control the movement of products subject to excise duty Rejection of a tenderer’s bid Action for annulment Consortium of tenderers Admissibility Principles of equal treatment of tenderers and transparency Award criteria Principles of sound administration and diligence Obligation to state the reasons on which the decision is based Manifest error of assessment

Citations:

T-50/05, [2010] EUECJ T-50/05

Links:

Bailii

Jurisdiction:

European

European

Updated: 16 August 2022; Ref: scu.403442

Markus Stoss C-316/07: ECJ 4 Mar 2010

ECJ Opinion – Free Movement of persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition

Judges:

Mengozzi AG

Citations:

[2010] EUECJ C-316/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss C-316/07 ECJ 8-Sep-2010
ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403450

Markus Stoss (Free Movement Of Persons) C-358/07: ECJ 4 Mar 2010

(Opnion) Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition

Citations:

[2010] EUECJ C-358/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement Of Persons) C-358/07 ECJ 8-Sep-2010
ECJ (Grand Chamber) Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403451

Markus Stoss (Free Movement of Persons) C-409/07: ECJ 4 Mar 2010

ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition

Judges:

Mengozzi AG

Citations:

C-409/07, [2010] EUECJ C-409/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement of Persons) C-409/07 ECJ 8-Sep-2010
Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403454

Markus Stoss C-360/07: ECJ 4 Mar 2010

ECJ Free Movement of Persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition

Judges:

Mengozzi AG

Citations:

[2010] EUECJ C-360/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Markus Stoss C-360/07 ECJ 8-Sep-2010
ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403453

Markus Stoss (Free Movement of Persons) C-359/07: ECJ 4 Mar 2010

ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition’

Judges:

Mengozzi AG

Citations:

[2010] EUECJ C-359/07 – O

Links:

Bailii

Cited by:

Opinion – Markus Stoss (Free Movement of Persons) C-359/07 ECJ 8-Sep-2010
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403452

Markus Stoss C-410/07: ECJ 4 Mar 2010

ECJ (Free Movement Of Persons) Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition

Judges:

Mengozzi AG

Citations:

C-410/07, [2010] EUECJ C-410/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Markus Stoss C-410/07 ECJ 8-Sep-2010
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 16 August 2022; Ref: scu.403455

Evropaiki Dynamiki v EMSA: ECFI 2 Mar 2010

ECJ Law Relating To Undertakings – Public service contracts EMSA tendering procedures – Provision of information technology services – Rejection of the tender – Action for annulment – Jurisdiction of the Court – Non-compliance of a tender Equal treatment – Compliance with the award criteria set out in the tender specifications or the contract notice Establishment of sub-criteria for the award criteria – Manifest error of assessment – Obligation to state the reasons on which a decision is based

Citations:

T-70/05, [2010] EUECJ T-70/05

Links:

Bailii

Cited by:

Cited – 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.

European

Updated: 16 August 2022; Ref: scu.403443

Brosmann Footwear (HK) and Others v Council: ECFI 4 Mar 2010

ECFI Dumping Imports of footwear with uppers of leather originating in China and Vietnam Market economy treatment Individual treatment Sampling Support of the complaint by the Community industry Definition of the product concerned Equal treatment Injury – Legitimate expectations Obligation to state the reasons on which the decision is based.

Citations:

T-401/06, [2010] EUECJ T-401/06

Links:

Bailii

European

Updated: 16 August 2022; Ref: scu.403433

Bolbol (Area Of Freedom, Security And Justice): ECJ 4 Mar 2010

ECJ Minimum conditions to be fulfilled by persons from third countries or stateless persons in order to be able to claim refugee status – Stateless person of Palestinian origin – Conditions under which refugee status is accorded Article 12(1)(a) of Directive 2004/83/EC.

Citations:

C-31/09, [2010] EUECJ C-31/09 – O

Links:

Bailii

Statutes:

Directive 2004/83/EC

Cited by:

Opinion – Bolbol (Area Of Freedom, Security And Justice) ECJ 17-Jun-2010
ECJ Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Stateless person of Palestinian origin who has not sought protection or . .
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 16 August 2022; Ref: scu.403432

Ange Serrano and Others v Parliament (Staff Regulations): ECJ 4 Mar 2010

ECJ Appeals Officials Success in internal competitions for change of category under the old Staff Regulations Entry into force of the new Staff Regulations Transitional rules for classification in grade Plea of illegality Acquired rights Legitimate expectations Equal treatment Principle of sound administration and the duty to have regard for the welfare of officials)

Citations:

C-496/08, [2010] EUECJ C-496/08

Links:

Bailii

European

Updated: 15 August 2022; Ref: scu.403429

Smith, Bailey Palmer v Howard and Hallam Ltd: QBD 14 Nov 2005

Claim for compensation after termination of commercial agency agreement.

Judges:

Overend J

Citations:

[2005] EWHC 2790 (QB), [2006] EuLR 578

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Moore v Piretta Pta Ltd QBD 11-May-1998
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the . .

Cited by:

Flawed – Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 15 August 2022; Ref: scu.258636

Meica v OHMI – Tofutown.Com (Tofuking): ECFI 20 Sep 2011

ECFI Community trade mark – Opposition proceedings – Application for Community word mark TOFUKING – Earlier national word mark King – National Brands and Community word marks Curry King – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) Regulation (EC) No 207/2009

Citations:

T-99/10, [2011] EUECJ T-99/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 8(1)(b)

Jurisdiction:

European

Intellectual Property

Updated: 14 August 2022; Ref: scu.444621

Couture Tech v OHIM (Representation Du Blason Sovietique): ECFI 20 Sep 2011

Community trade mark – Application for a Community figurative mark representing the Soviet coat of arms – Absolute ground for refusal – Whether contrary to public policy or accepted principles of morality – Article 7(1)(f) of Regulation (EC) No 207/2009

Citations:

T-232/10, [2011] EUECJ T-232/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 7(1)(f)

Jurisdiction:

European

Intellectual Property

Updated: 14 August 2022; Ref: scu.444614

Finanzamt Essen-NordOst v GFKL Financial Services: ECJ 14 Jul 2011

ECJ (Opinion of AG Jaaskinen) Purchase of defaulted debts at a price calculated in relation to the likelihood of default – Sixth VAT Directive – Scope – Article 2(1) – Supply of services for consideration -Article 13B(d) – Exemption – Debt collection and factoring – Article 11A(1)(a) – Taxable amount.

Judges:

Jaaskinen AG

Citations:

C-93/10, [2011] EUECJ C-93/10

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Finanzamt Essen-NordOst v GFKL Financial Services ECJ 27-Oct-2011
ECJ Sixth VAT Directive – Articles 2(1) and 4 – Scope – Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ – Sale of defaulted debts – Sale price lower than the face value of . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 14 August 2022; Ref: scu.441850

Bureau National Interprofessionnel Du Cognac: ECJ 14 Jul 2011

ECJ Approximation of Laws – Regulation (EC) No 110/2008 – Geographical indications of spirit drinks – Temporal application – Trade mark incorporating a geographical indication – Use leading to a situation which may adversely affect the geographical indication – Refusal of registration or invalidation of such a mark – Direct applicability of a regulation.

Citations:

C-4/10, [2011] EUECJ C-4/10

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 14 August 2022; Ref: scu.441847

Petrilli v Commission: ECJ 14 Jul 2011

ECJ Public service – contract staff – fixed-term contract – Rules on the maximum involvement of non-permanent staff in the Commission – Decision refusing to renew the contract – Prohibition – Scope of compensation for damage – ex aequo et bono.

Citations:

98/07, [2011] EUECJ 98/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 14 August 2022; Ref: scu.441854

Oliver Jestel v Hauptzollamt Aachen: ECJ 14 Jul 2011

ECJ (Opinion) Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Birth of the customs debt – unlawful introduction of goods into the customs territory of the Union – Article 202 – Definition of debtor – Holder of a shop eBay participating in the sales contracts relating to goods originating in a third country – Entry of goods into the customs territory of the Union by mail without customs formalities – Participation in the unlawful introduction of goods into the Union territory.

Judges:

M Pedro Cuz Villalon AG

Citations:

C-454/10, [2011] EUECJ C-454/10

Links:

Bailii

Statutes:

Regulation (EEC) No 2913/92

Jurisdiction:

European

Cited by:

Opinion – Oliver Jestel v Hauptzollamt Aachen ECJ 17-Nov-2011
ojestel_HAECJ22012
ECJ Community Customs Code – Second indent of Article 202(3) – Customs debt incurred through unlawful introduction of goods – Meaning of ‘debtor’ – Participation in unlawful introduction – Person acting as . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise

Updated: 14 August 2022; Ref: scu.441852

Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 15 Feb 2010

This case raises issues concerning the right of European Union citizens, who have worked as self-employed workers but have ceased to be in work, to be paid jobseeker’s allowances and crisis payments. The central issue turns on whether there is a practical distinction, for the purposes of obtaining certain benefits, between a worker who, prior to becoming unemployed, has been employed and a worker who has been self-employed.

Citations:

[2010] EWHC 213 (Admin), [2010] 3 CMLR 11

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, European

Updated: 14 August 2022; Ref: scu.402537

Uniplex (UK) Limited v Uniplex: ECJ 28 Jan 2010

ECJ Directive 89/665/EEC – Procedures for review of the award of public contracts – Period within which proceedings must be brought – Date from which the period for bringing proceedings starts to run.

Judges:

JN Cunha Rodrigues (Rapporteur), President of the Second Chamber

Citations:

[2010] 2 CMLR 47, [2010] PTSR 1377, [2010] EUECJ C-406/08, C-406/08

Links:

Bailii

Statutes:

Directive 89/665/EEC

Citing:

See Also – Uniplex (UK) Limited v Uniplex (Law Relating To Undertakings) ECJ 29-Oct-2009
ECJ Public procurement Directive 89/665/EEC – Review procedure under national law – Effective legal protection -Limitation periods – Point at which time starts running – Whether the applicant knew or ‘ought to . .
Lists of cited by and citing cases may be incomplete.

European, Administrative

Updated: 14 August 2022; Ref: scu.401997

Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras: ECJ 25 Feb 2010

ECJ (Opinion) Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Act of Accession to the European Union of the Republic of Lithuania -Measurements transient for the Republic of Lithuania dedicated toward obtaining drugs in that State a national release on the market – Derogation from the time-limit referred to in Article 7 of Regulation No 1768/92 – Lack of transitional measures concerning drugs obtaining a Community authorization issued by the market the Commission pursuant to Regulation (EEC) No 2309/93

Judges:

Yves Bot AG

Citations:

C-66/09, [2010] EUECJ C-66/09 – O

Links:

Bailii

Statutes:

Regulation (EEC) No 1768/92, Regulation (EEC) No 2309/93

Cited by:

Opinion – Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras ECJ 2-Sep-2010
ECJ Patent law – Proprietary medicinal products – Regulation (EEC) No 1768/92 – Articles 7, 19 and 19a(e) – Supplementary protection certificate for medicinal products – Period for lodging the application for . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 14 August 2022; Ref: scu.401829

Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency: ECJ 11 Feb 2010

ECJ Opinion – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to prescribe.

Judges:

Jaaskinen AG

Citations:

C-62/09, [2010] EUECJ C-62/09

Links:

Bailii

Statutes:

Directive 2001/83/EC 94

Cited by:

See Also – Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency ECJ 22-Apr-2010
ECJ Free Movement Of Goods – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to . .
Lists of cited by and citing cases may be incomplete.

European, Health Professions

Updated: 14 August 2022; Ref: scu.401816

Commission v Scott: ECJ 23 Feb 2010

ECJ Order – Appeals – State aid Aid granted by the French authorities to Scott Paper – Land at a preferential price and application of the water treatment levy at a preferential rate for the purposes of the construction of a manufacturing plant for the production of paper for household use.

Citations:

C-290/07, [2010] EUECJ C-290/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opnion – Commission v Scott ECJ 2-Sep-2010
Judgment – Appeal – State aid – Preferential price for the purchase of developed land – Inquiry as to market value – Formal investigation procedure – Regulation (EC) No 659/1999 – Obligation to undertake a diligent and impartial examination – Scope . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 14 August 2022; Ref: scu.401820

Sio-Eckes kft v Mezgazdasagi es Videkfejlesztesi Hivatal Kozponti Szerve: ECJ 25 Feb 2010

ECJ Common agricultural policy – Regulation (EC) No 2201/96 Common organisation of the markets in processed fruit and vegetable products – Regulation (EC) No 1535/2003 – Aid scheme for products processed from fruit and vegetables Processed products Peaches in syrup and/or in natural fruit juice – Finished products.

Citations:

C-25/09, [2010] EUECJ C-25/09

Links:

Bailii

Statutes:

Regulation (EC) No 2201/96, Regulation (EC) No 1535/2003

European, Agriculture

Updated: 14 August 2022; Ref: scu.401835

Hoesch Metals And Alloys v Hauptzollamt Aachen: ECJ 11 Feb 2010

ECJ Community Customs Code – Article 24 – Non-preferential origin of goods – Origin-conferring processing or working – Silicon blocks originating in China – Separation, crushing and purification of the blocks and the sieving, sorting by size and packaging of the grains in India – Dumping – Validity of Regulation (EC) No 398/2004.

Citations:

C-373/08, [2010] EUECJ C-373/08

Links:

Bailii

European, Customs and Excise

Updated: 14 August 2022; Ref: scu.401826

Holst v Dansk Arbejdsgiverforening: ECJ 11 Feb 2010

ECJ Social policy – Informing and consulting employees – Directive 2002/14/EC – Transposition of Directive 2002/14/EC by way of legislation and also by way of collective agreement – Effects of the collective agreement with regard to an employee who is not a member of the union which is a party to that agreement – Article 7 – Protection of employees’ representatives – Requirement of more extensive protection against dismissal – No requirement.

Citations:

C-405/08, [2010] EUECJ C-405/08

Links:

Bailii

Statutes:

Directive 2002/14/EC 7

European, Employment

Updated: 14 August 2022; Ref: scu.401827

Fokus Invest v Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG): ECJ 11 Feb 2010

ECJ Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons – Article 25 of Annex I to the Agreement – Articles 63 TFEU and 64(1) TFEU – Free movement of capital – Company established under the law of a Member State, the shares of which are held by a company established under Swiss law – Purchase by the company of immovable property situated in that Member State.

Citations:

C-541/08, [2010] EUECJ C-541/08

Links:

Bailii

European

Updated: 14 August 2022; Ref: scu.401822

Internetportal Und Marketing v Richard Schlicht: ECJ 10 Feb 2010

ECJ Opinion – Internet .eu -Top Level Domain – Regulation (EC) No 874/2004 Article 21 – Registration of a domain by the proprietor of a national trade mark acquired for the sole purpose of enabling that registration to take place during the first phase of phased registration – Notion of ‘right’ – Notion of ‘legitimate interest’ – Notion of ‘bad faith’ – Article 11 – Rules for the transcription of special characters National trade mark registered in bad faith.

Judges:

Trstenjak AG

Citations:

C-569/08, [2010] EUECJ C-569/08 – O

Links:

Bailii

Statutes:

Regulation (EC) No 874/2004 21

Cited by:

Opinion – Internetportal Und Marketing v Richard Schlicht ECJ 3-Jun-2010
EC Internet .eu Top Level Domain – Regulation (EC) No 874/2004 – Domain names – Phased registration – Special characters – Speculative and abusive registrations – Concept of ‘bad faith’ . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Licensing

Updated: 14 August 2022; Ref: scu.401828

Muller Fleisch GmbH v Land Baden-Wurttemberg: ECJ 25 Feb 2010

ECJ Agriculture – System for monitoring bovine spongiform encephalopathy – Regulation (EC) No 999/2001 Bovine animals over 30 months of age – Slaughter under normal conditions – Meat intended for human consumption – Mandatory screening test – National rules – Obligation to screen – Extension – Bovine animals over 24 months of age.

Citations:

C-562/08, [2010] EUECJ C-562/08

Links:

Bailii

European, Agriculture

Updated: 14 August 2022; Ref: scu.401833

Harms v Freerk Heidinga: ECJ 4 Feb 2010

ECJ Opinion Common agricultural policy Single payment scheme Regulation (EC) No 1782/2003 Transfer of payment entitlements.

Citations:

C-434/08, [2010] EUECJ C-434/08 – O

Links:

Bailii

Statutes:

Regulation (EC) No 1782/2003

Cited by:

Opinion – Harms v Freerk Heidinga ECJ 20-May-2010
ECJ Common agricultural policy Integrated administration and control system for certain aid schemes Regulation (EC) No 1782/2003 Single payment scheme Transfer of payment entitlements Definitive transfer . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 14 August 2022; Ref: scu.401825

GENC v Land Berlin: ECJ 4 Feb 2010

ECJ EEC – Turkey Association Agreement – Decision No 1/80 of the Association Council – Article 6(1) – Concept of ‘worker’ – Exercise of minor employment – Condition governing loss of acquired rights.

Citations:

C-14/09, [2010] EUECJ C-14/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 14 August 2022; Ref: scu.401823

Franked Investment Group Litigation Test Claimants v Inland Revenue and Another: CA 23 Feb 2010

Citations:

[2010] EWCA Civ 103

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Appeal from – Test Claimants In the FII Group Litigation v HM Revenue and Customs ChD 27-Nov-2008
The claimants were companies with parent companies in the UK and other subsidiaries not so resident, both in the EU and outside. They complained of the differences in treatment under corporation tax of the payment of dividends between the . .

Cited by:

Appeal from – Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue SC 23-May-2012
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax, European

Updated: 14 August 2022; Ref: scu.401676

Certain Bus Operating Companies In The Stagecoach Group and Others v Secretary of State for Transport and Another: Admn 16 Feb 2010

Challenge as to obligations imposed by European regulations requiring concessionary fare schemes.

Citations:

[2010] EWHC 223 (Admin), [2010] Eu LR 505, [2010] 3 CMLR 8

Links:

Bailii

Jurisdiction:

England and Wales

Transport, European

Updated: 14 August 2022; Ref: scu.400998

X Holding BV v Staatssecretaris van Financien etc: ECJ 28 Jan 2010

Europa VAT Article 11(4) of the Second Directive Article 6(2) and Article 17(2) and (6) of the Sixth Directive Right to deduct input tax Exclusions by national rules prior to the Sixth Directive Amendment of the rules after the entry into force of the Sixth Directive Use of goods and services for the private purposes of the taxable person.

Citations:

C-33/09, [2010] EUECJ C-33/09 – O, [2010] EUECJ C-33/09

Links:

Bailii, Bailii

European, VAT

Updated: 13 August 2022; Ref: scu.396585

Verbraucherzentrale Nordrhein-Westfalen eV v Heinrich Heine GmbH: ECJ 28 Jan 2010

ECJ (Environment And Consumers) – Opinion – Directive 97/7/CE Consumer protection – Distance contracts – Right of withdrawal – Consumer charged with the cost of delivering the goods.
(Preliminary opinion) The company challenged an injunction against it to restrain it from requiring customers who returned goods under purchases governed by the regulations, to pay the delivery costs of goods even if returned.
Held: The question was as to whether such sums represented costs within the Directive. It was not a term defined in the Directive. The Directive used the term ‘price’ in several places, but here used the term ‘sums paid’ which must be a broader term, and ‘there is no justification for the view that ‘sums paid’ means only the price of the goods or the service, which would inevitably exclude an obligation to repay the other contractual costs paid by the consumer to the supplier in connection with a distance contract.’ This interpretation was supported by the phrase ‘Free of charge’.
The balance in the sharing of the risks and burdens in the case of a distance contract where the consumer withdraws, which is provided for by Directive 97/7 in favour of the consumer, would be impaired if, in addition to the direct cost of return which the Member State may impose on the consumer, he also had to pay the cost of delivering the goods.

Judges:

Paolo Mengozzi AG

Citations:

C-511/08, [2010] EUECJ C-511/08 – O

Links:

Bailii

Statutes:

Directive 97/7/CE on the protection of consumers in respect of distance contracts

Cited by:

See Also – Verbraucherzentrale Nordrhein-Westfalen eV v Heinrich Heine GmbH ECJ 15-Apr-2010
ECJ Directive 97/7/EC Consumer protection – Distance contracts – Right of withdrawal – Consumer charged with the cost of delivering the goods . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 13 August 2022; Ref: scu.396579

Winner Wetten GmbH v Burgermeisterin der Stadt Bergheim: ECJ 26 Jan 2010

ECJ Opinion – Gaming Sports betting – Unjustified restriction of the freedom to provide services – Conflict between a rule of domestic law and a directly applicable – Community provision – Task of the national court – Obligation to ensure the application of Community law by refusing to apply the rule of domestic law – Derogation.

Judges:

Bot AG

Citations:

C-409/06, [2010] EUECJ C-409/06 – O

Links:

Bailii

Cited by:

Opinion – Winner Wetten GmbH v Burgermeisterin der Stadt Bergheim ECJ 8-Sep-2010
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Decision of the . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 13 August 2022; Ref: scu.396584

Ingenieurburo Eulitz GbR Thomas und Marion Eulitz v Finanzamt Dresden I: ECJ 28 Jan 2010

ECJ Sixth VAT Directive – Article 13A(1)(j) – Exemption – Tuition given privately by teachers and covering school or university education – Services provided by an independent teacher in the context of continuing professional training courses organised by a separate entity.

Judges:

Cunha Rodrigues P

Citations:

C-473/08, [2010] EUECJ C-473/08

Links:

Bailii

European, VAT

Updated: 13 August 2022; Ref: scu.396578

Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 3 Feb 2009

ECJ (Opinion) Reference for a preliminary ruling from the High Court of Justice of England and Wales (United Kingdom).
‘where the constitutional system of a member state provides that devolved administrations are to have legislative competence, the mere adoption by those administrations of different … standards … does not constitute discrimination contrary to Community law’

Citations:

C-428/07, [2009] EUECJ C-428/07

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Horvath v Secretary of State for Environment, Food and Rural Affairs ECJ 16-Jul-2009
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 13 August 2022; Ref: scu.286160