Category: European

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014

ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute

Judges:

Mengozzi AG

Citations:

C-316/13, [2014] EUECJ C-316/13 – O

Links:

Bailii

Statutes:

Directive 2003/88/EC

Jurisdiction:

European

Cited by:

Opinion – Fenoll v Centre d’aide par le travail La Jouvene ECJ 26-Mar-2015
ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid . .
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights

Updated: 11 August 2022; Ref: scu.526679

Union Syndicale ‘Solidaires Isa’ Re: ECJ 14 Oct 2010

ECJ Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Articles 1, 3 and 17 – Scope – Casual and seasonal activity of persons employed under an ‘educational commitment contract’ – Restriction on the working time of such staff in holiday and leisure centres to 80 days per annum – National legislation not providing, for such staff, a minimum daily rest period – Derogations from Article 17 – Conditions – Ensuring an equivalent period of compensatory rest or, in exceptional cases, appropriate protection.

Citations:

C-428/09, [2010] EUECJ C-428/09

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Health and Safety

Updated: 11 August 2022; Ref: scu.425298

Arizmendi and Others v Council and Commission: ECFI 18 Dec 2009

ECJ Non-contractual liability Customs Union Infringement proceedings Reasoned opinion Suppression in French legislation of the monopoly of the body brokers interpreters and drivers ships Sufficiently serious breach Causation

Citations:

[2009] EUECJ T-440/03

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 11 August 2022; Ref: scu.384481

Rubino (Free Movement Of Persons): ECJ 17 Dec 2009

ECJ Directive 2005/36/EC Recognition of diplomas ‘Regulated profession’ Selection of a predefined number of persons on the basis of a comparative assessment conferring a qualification limited in time National academic qualification for appointment University lecturer.

Citations:

C-586/08, [2009] EUECJ C-586/08

Links:

Bailii

Statutes:

Directive 2005/36/EC

European

Updated: 11 August 2022; Ref: scu.384497

Stella Kunststofftechnik v OHMI – Stella Pack (Stella): ECFI 10 Dec 2009

ECJ Community trade mark Revocation proceedings Community word mark Stella Earlier opposition proceedings based on that mark Admissibility Articles 50(1) and 55(1) of Regulation (EC) No 40/94 (now Articles 51(1) and 56(1) of Regulation (EC) No 207/2009)

Citations:

T-27/09, [2009] EUECJ T-27/09

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 11 August 2022; Ref: scu.384105

Volvo Trademark v OHMI- Grebenshikova (Solvo): ECFI 2 Dec 2009

ECJ Community trade mark Opposition proceedings Application for the Community figurative mark SOLVO Earlier Community and national word and figurative marks VOLVO Relative ground for refusal Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009).

Citations:

T-434/07, [2009] EUECJ T-434/07

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 11 August 2022; Ref: scu.384106

Yaesu Europe (Taxation): ECJ 3 Dec 2009

ECJ Eighth VAT Directive Arrangements for the refund of VAT to taxable persons not established in the territory of the country Annex A Application for a refund Meaning of ‘signature’ of that application National legislation requiring the personal signature of the taxable person, or of the statutory representative of that person, and ruling out signature by an agent

Citations:

C-433/08, [2009] EUECJ C-433/08

Links:

Bailii

European, VAT

Updated: 11 August 2022; Ref: scu.384107

Krzysztof Filipiak v Dyrektor Izby Skarbowej w Poznaniu: ECJ 19 Nov 2009

ECJ Income tax legislation – Right to deduct social security contributions from the basis of assessment for tax – Right to a tax reduction on the basis of health insurance contributions paid – Refusal where contributions are paid in a Member State other than the State of taxation Whether compatible with Articles 43 EC and 49 EC Judgment of the national constitutional court Unconstitutionality of provisions of national law Deferral of the date on which those provisions are to lose their binding force Primacy of Community law Implications for the national court.

Citations:

C-314/08, [2009] EUECJ C-314/08

Links:

Bailii

European

Updated: 11 August 2022; Ref: scu.384084

Pesla v Justizministerium Mecklenburg-Vorpommern: ECJ 10 Dec 2009

ECJ Freedom of movement for workers – Article 39 EC – Refusal of access to serve as a legal trainee – Candidate who obtained his law diploma in another Member State – Criteria for assessment of the equivalence of knowledge acquired.

Citations:

C-345/08, [2009] EUECJ C-345/08

Links:

Bailii

European, Legal Professions

Updated: 11 August 2022; Ref: scu.384103

Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08: ECJ 19 Nov 2009

ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of legal proceedings Principle of effective judicial protection.

Judges:

Kokott AG

Citations:

C-319/08, [2009] EUECJ C-319/08 – O

Links:

Bailii

Statutes:

Directive 2002/22/EC

Citing:

See Also – Alassini v Telecom Italia SpA (Environment And Consumers) – C-317/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications – Directive 2002/22/EC – Mandatory out-of-court dispute resolution as a condition for the admissibility of . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 19-Nov-2009
ECJ Opinion – Legal disputes between end-users and providers in the area of electronic communications Directive 2002/22/EC Mandatory out-of-court dispute resolution as a condition for the admissibility of legal . .

Cited by:

See Also – Alassini v Telecom Italia SpA i (Environment And Consumers) – C-317/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling – Principle of effective judicial protection Electronic communications networks and services – Directive 2002/22/EC – Universal Service Disputes between end’users and . .
See Also – Alassini v Telecom Italia SpA (Environment And Consumers) C-318/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end users and providers . .
Opinion – Alassini v Telecom Italia SpA (Environment And Consumers) C-319/08 ECJ 18-Mar-2010
ECJ Reference for a preliminary ruling Principle of effective judicial protection Electronic communications networks and services Directive 2002/22/EC Universal Service Disputes between end’users and providers . .
Lists of cited by and citing cases may be incomplete.

European, Media, Litigation Practice

Updated: 11 August 2022; Ref: scu.384080

Schrader v CPVO: ECJ 3 Dec 2009

ECJ Appeal Community plant variety rights Regulation No 2100/94 and Regulation No 1239/95 Decision of the Board of Appeal of the Community Plant Variety Office Rejection of the application for Community plant variety rights in respect of the plant variety ‘SUMCOL 01’ Distinctive character of the candidate variety Factors which can be taken into consideration in order to determine whether a variety is a matter of common knowledge.

Citations:

C-38/09, [2009] EUECJ C-38/09 – O

Links:

Bailii

Cited by:

See Also – Schrader v CPVO ECJ 15-Apr-2010
The Court’s power of review Regulations (EC) Nos 2100/94 and 1239/95 Agriculture Community plant variety rights Distinctive character of the candidate variety Variety a matter of common knowledge Proof Plant variety SUMCOL 01) . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 11 August 2022; Ref: scu.384104

Chakroun v Minister van Buitenlandse Zaken: ECJ 10 Dec 2009

ECJ Opinion – Area of Freedom, Security and Justice – Right to family reunification Meaning of ‘recourse to the social assistance system’ Relevance of date of family relationship.

Judges:

Sharpston AG

Citations:

C-578/08, [2009] EUECJ C-578/08 – O

Links:

Bailii

Cited by:

Opinion – Chakroun v Minister van Buitenlandse Zaken ECJ 4-Mar-2010
ECJ Right to family reunification – Directive 2003/86/EC – Concept of ‘recourse to the social assistance system’ – Concept of ‘family reunification’ – Family formation . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 11 August 2022; Ref: scu.384095

Bundesfinanzdirektion West v Heko Industrieerzeugnisse: ECJ 10 Dec 2009

ECJ Common Customs Tariff – Community Customs Code Article 24 Non-preferential origin of goods Definition of ‘substantial processing or working’ Criterion for a change of tariff heading Steel cables manufactured in North Korea using stranded steel wire originating in China.

Citations:

C-260/08, [2009] EUECJ C-260/08

Links:

Bailii

European, Customs and Excise

Updated: 11 August 2022; Ref: scu.384102

Hassan v Council and Commission (Common Foreign And Security Policy) C-403/06: ECJ 3 Dec 2009

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Regulation (EC) No 881/2002 – Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to respect for property, right to be heard and right to effective judicial review.

Citations:

C-403/06, [2009] EUECJ C-403/06

Links:

Bailii

European

Updated: 11 August 2022; Ref: scu.384101

Hassan v Council and Commission (Common Foreign and Security Policy) C-399/06: ECJ 3 Dec 2009

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Regulation (EC) No 881/2002 – Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 – Action for annulment – Fundamental rights – Right to respect for property, right to be heard and right to effective judicial review.

Citations:

C-399/06, [2009] EUECJ C-399/06

Links:

Bailii

European, Crime

Updated: 11 August 2022; Ref: scu.384100

Kemikalieinspektionen v Nordiska Dental AB, (Free Movement Of Goods): ECJ 19 Nov 2009

ECJ Reference for a preliminary ruling Directive 93/42/EEC Medical devices Prohibition on the exportation of dental amalgam containing mercury and bearing the ‘CE’ conformity marking Protection of health and the environment.

Citations:

C-288/08, [2009] EUECJ C-288/08

Links:

Bailii

Statutes:

Directive 93/42/EEC

European

Updated: 11 August 2022; Ref: scu.384089

Commission v Belgium (Energy): ECJ 3 Dec 2009

ECJ Failure of a Member State to fulfil obligations Directive 2003/55/EC Internal market in natural gas Definitive designation of system operators Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC Publication, consultation and notification obligations.

Citations:

[2009] EUECJ C-475/08, C-475/08

Links:

Bailii

European

Updated: 11 August 2022; Ref: scu.384096

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension.
Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. Dependency in the state of origin need not be proved for family members. It was sufficient if, as was alleged here, the dependency arose in the host state.

Judges:

Lord Justice Mummery, Lord Justice Sullivan and Lord Justice Goldring

Citations:

[2009] EWCA Civ 1358, Times 05-Jan-2010

Links:

Bailii

Statutes:

State Pension Credit Regulations 2002 2(4), State Pension Credit Act 2002 1(2), EC Treaty 18, Directive 2004/38/EC (the Citizens’ Directive)

Jurisdiction:

England and Wales

Citing:

Cited – Metock And Others v Minister for Justice, Equality and Law Reform ECJ 25-Jul-2008
ECJ Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely in the territory of a Member State – Family members who are nationals of non-member countries – Nationals of . .
Cited – KG (Sri Lanka) v Secretary of State for the Home Department CA 21-May-2008
. .
Cited – Minister Voor Vereemdelingenzaken en Integratie v RNG Eind ECJ 5-Jul-2007
ECJ Freedom of movement for persons – Workers Right of residence for a family member who is a third-country national – Return of the worker to the Member State of which he is a national – Obligation for the . .
Cited – Zhu, Chen v Secretary of State for the Home Department ECJ 19-Oct-2004
ECJ (Free Movement of Persons) Right of residence – Child with the nationality of one Member State but residing in another Member State – Parents nationals of a non-member country – Mother’s right to reside in . .
Cited – Yunying Jia v Migrationsverket (Free Movement Of Persons) ECJ 9-Jan-2007
Europa Freedom of establishment Article 43 EC Directive 73/148/EEC National of one Member State established in another Member State Right to residence of a spouse’s parent, the spouse and the parent being . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 11 August 2022; Ref: scu.384064

Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996

Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Capital duty levied on capital companies – Application to merger transactions effected by increasing the capital of the acquiring company – Imposition within the limits laid down by the Community rules – Preliminary rulings – Interpretation – Effect of interpretative judgments ratione temporis – Retroactive effect – Limits imposed by the Court – Conditions – Judgment on the interpretation of Directive 69/335 concerning indirect taxes on the raising of capital – Conditions not fulfilled – Significance for the Member State concerned of the financial consequences of the judgment – Not decisive.
A ruling on the interpretation of Community law takes effect from the date on which the rule interpreted entered into force.

Citations:

C-197/94, C-252/94, [1996] ECR I-505, [1996] EUECJ C-197/94

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 09 August 2022; Ref: scu.161389

Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but with no explanation of the connection. Naaem was an imam. He began as a part time prison chaplain, but the pension arrangements were changed so that even though working full time, he was disadvantaged. He appealed from a finding that having been unable to show a connection between the inirect discrimination suffered, and the protected characteristic, his action must fail.
Held: Over time the wording in the European directives and the UK statutes implementing them had changed, but in none of the various definitions of indirect discrimination, is there any express requirement for an explanation of the reasons why a particular PCP puts one group at a disadvantage when compared with others.
The arguments put forward by the respondent do not justify importing words into the statute (and the Directives which lay behind it) which are simply not there and which, as the Court of Appeal recognised, could lead to the continuation of unlawful discrimination, which would be contrary to the public interest. In order to succeed in an indirect discrimination claim, it is not necessary to establish the reason for the particular disadvantage to which the group is put. The essential element is a causal connection between the PCP and the disadvantage suffered, not only by the group, but also by the individual. This may be easier to prove if the reason for the group disadvantage is known but that is a matter of fact, not law.
The definitions of direct and indirect discrimination also differed: ‘Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. Indirect discrimination does not. Instead it requires a causal link between the PCP and the particular disadvantage suffered by the group and the individual. The reason for this is that the prohibition of direct discrimination aims to achieve equality of treatment. Indirect discrimination assumes equality of treatment – the PCP is applied indiscriminately to all – but aims to achieve a level playing field, where people sharing a particular protected characteristic are not subjected to requirements which many of them cannot meet but which cannot be shown to be justified.’

Judges:

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hodge

Citations:

[2017] UKSC 27, [2017] ICR 640, [2017] 1 WLR 1343, [2017] IRLR 558, [2017] WLR(D) 244, [2017] 3 All ER 551, UKSC 2015/0161

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video

Statutes:

Equality Act 2010 19

Jurisdiction:

England and Wales

Citing:

At EAT – Naeem v The Secretary of State for Justice EAT 15-Jan-2014
EAT Race Discrimination : Indirect – RELIGION OR BELIEF DISCRIMINATION
Until 2002 the only Chaplains employed by the Prison Service were Christians. Since then, Chaplains of other faiths have been . .
At EAT – Essop and Others v Home Office (UK Border Agency) EAT 16-May-2014
EAT Race Discrimination : Indirect – In a test case, it was assumed that BME candidates disproportionately failed the CSA test, passing which was necessary to progress to higher grades in the Civil Service. The . .
Appeal from – Naeem v The Secretary of State for Justice CA 9-Dec-2015
The claimant appealed against rejection of his claim for discrimination when under the 1952 Act, there was a requirement to appoint a member as pastor of the prison a Clergyman of the Church of England, and other chaplains, including himself, an . .
Appeal from – Home Office (UK Border Agency) v Essop and Others CA 22-Jun-2015
The appellant challenged a finding that it was guilty of indirect race discrimination. A statistical study showed that BME candidates did rather less well on a standard assessment test, but while the correlation was clear, the manner of . .
Cited – Regina v Birmingham City Council ex parte Equal Opportunities Commission HL 1989
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination.
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
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 – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
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 – The Audit Commission v Haq and Others EAT 18-Mar-2011
EAT EQUAL PAY ACT – Material Factor Defence and Justification
Two roles (‘IIO’ and ‘SIIO’) amalgamated into a new role (‘SIO’), on the basis that affected employees retain their existing points on the . .
Cited – Haq and Others v The Audit Commission CA 6-Dec-2012
Not upheld . .
Cited – Allonby v Accrington and Rossendale College and others CA 23-Mar-2001
The college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the . .
Cited – Wilson v Health and Safety Executive CA 20-Oct-2009
The employer appealed against a finding that it had acted in an equal pay claim in allowing for length of service.
Held: The employer’s appeal was dismissed. Decisions based on length of service tended to discriminate against women, because . .
Cited – Grundy v British Airways Plc CA 23-Oct-2007
The claimant, a cabin crew member of the defendant’s staff sought damages for sex discrimination.
Held: Sedley LJ said that the pool chosen should be that which suitably tests the particular discrimination complained of. . .
Cited – Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission ECJ 3-Oct-2006
Social Policy – The court considered what went to make up age discrimination: ‘the Court acknowledged that rewarding, in particular, experience acquired which enables the worker to perform his duties better constitutes a legitimate objective of pay . .

Cited by:

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.
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 08 August 2022; Ref: scu.581352

Hong Kong Group v OHMI – We Brand (W E): ECFI 30 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for a Community figurative mark W E – Earlier Community word mark WE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Citations:

T-718/14, [2015] EUECJ T-718/14, ECLI:EU:T:2015:916

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 891)(b)

Jurisdiction:

European

Intellectual Property

Updated: 08 August 2022; Ref: scu.556127

The Tea Board v OHMI – Delta Lingerie (Darjeeling Collection De Lingerie) T-626/13: ECFI 2 Oct 2015

Judgment – Community trade mark – Opposition proceedings – Figurative mark Darjeeling lingerie collection – Community Community collective marks, word and figurative previous DARJEELING – Relative grounds for refusal – Article 8, paragraph 1 b) and paragraph 5 of Regulation (EC) No 207/2009

Citations:

ECLI:EU:T:2015:741, T-626/13, [2015] EUECJ T-626/13

Links:

Bailii

Jurisdiction:

European

European

Updated: 08 August 2022; Ref: scu.552879

The Tea Board v OHMI – Delta Lingerie (Darjeeling Collection De Lingerie) T-625/13: ECFI 2 Oct 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Figurative mark Darjeeling collection de lingerie – Earlier Community collective word and figurative marks DARJEELING – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009

Judges:

D. Gratsias (Rapporteur), P

Citations:

ECLI:EU:T:2015:742, T-625/13, [2015] EUECJ T-625/13

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

European, Intellectual Property

Updated: 08 August 2022; Ref: scu.552878

GRP Security v Court Of Auditors: ECFI 9 Jun 2011

ECFI Interim measures – Public services contract – Determination of irregularities in some documents provided by the contractor – Decisions on administrative penalty with respect to the tenderer and unilateral termination of the contract – Application for stay of execution – Failure to emergency.

Citations:

T-87/11, [2011] EUECJ T-87/11

Links:

Bailii

European

Updated: 07 August 2022; Ref: scu.440757

Choudhary and Others v Bhatter and Others: CA 11 Nov 2009

The parties disputed matters within a company in India. The defendant appealed against an order under which the court had accepted jurisdiction.
Held: The appeal succeeded. The opening words of article 22 giving jurisdiction ‘regardless of domicile’ were not intended to apply to the courts of a member state, such as Denmark, which was not bound by the regulation; and therefore the direction was not intended to apply as between the courts of member states and the courts of non-member states. The proper venue was India.

Judges:

Ward LJ, Stanley Burnton LJ, Sir John Chadwick

Citations:

[2009] EWCA Civ 1176, [2009] WLR (D) 326

Links:

Times, Bailii, WLRD

Statutes:

Council Regulation 44/2001/EC (OJ January 16, 2001 L12/1) 22

Jurisdiction:

England and Wales

Citing:

Cited – Choudhary and Others v Bhatter and Others CA 29-Apr-2009
Application for security for costs in respect of an appeal . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Company

Updated: 07 August 2022; Ref: scu.381729

Cukurova Finance International Ltd and Another, Regina (on The Application of) v HM Treasury and Another: Admn 29 Sep 2008

The claimant contended that section 2(2)(b) of the the 1972 Act did not confer power on Her Majesty’s Treasury to make the 2003 Regulations and, accordingly, they should be quashed or, alternatively, construed so as to be intra vires.

Judges:

Moses LJ

Citations:

[2008] EWHC 2567 (Admin), [2009] Eu LR 317

Links:

Bailii

Statutes:

Financial Collateral Arrangements Regulations 2003, European Communities Act 1972

Jurisdiction:

England and Wales

Cited by:

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.

Financial Services, European

Updated: 07 August 2022; Ref: scu.381686

OQ (India) v Entry Clearance Officer: CA 11 Jun 2009

Judges:

Maurice Kay LJ

Citations:

[2009] EWCA Civ 817

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – OQ (India) and Another v Secretary of State for the Home Department; SM (India) v Same CA 25-Nov-2009
The claimants sought a right of entry and of residence as dependants of EU citizens. They had been refused by the entry clearance officer.
Held: The test of the status of a dependent member of a worker’s family was the result of a factual . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 07 August 2022; Ref: scu.381570

Thin Cap Group Litigation, Test Claimants In v Revenue and Customs: ChD 17 Nov 2009

Judges:

Henderson J

Citations:

[2009] EWHC 2908 (Ch), [2009] BTC 754, [2010] STC 301, [2010] 1 CMLR 38, [2009] STI 3006

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 . .
Lists of cited by and citing cases may be incomplete.

European, Corporation Tax

Updated: 07 August 2022; Ref: scu.380256

Re Nortel Networks Sa and others: ChD 11 Feb 2009

Administrators of several associated companies registered in countries throughout Europe requested the court to issue requests to other states to order notification of the Administrators of any secondary insolvency proceedings issued.

Judges:

Patten J

Citations:

[2009] EWHC 206 (Ch), [2009] BPIR 316, [2009] BCC 343, [2009] ILPr 42

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, European

Updated: 07 August 2022; Ref: scu.304542

Brown v Rentokil Ltd: IHCS 10 Mar 1995

Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did not work again after mid-August 1990. Rentokil’s contracts stipulated that, if an employee was absent because of sickness for more than 26 weeks continuously, he or she would be dismissed. On 9 November 1990, Rentokil told her, and confirmed in writing, that half of the 26-week period had run and that her employment would end on 8 February 1991 if, following an independent medical examination, she had not returned to work by then.
She did not go back to work. The parties agree that there was never any question of her being able to return to work before the end of the 26-week period. By letter of 30 January 1991, which took effect on 8 February 1991, she was accordingly dismissed while pregnant. Her child was born on 22 March 1991.
Held: As a preliminary conclusion, it was not sex discrimination where a woman dismissed for absences from illness arising out of pregnancy, but not actual pregnancy. Since the Court of Justice had drawn a clear distinction between pregnancy and illness attributable to pregnancy, Mrs Brown, whose absence was due to illness and who had been dismissed on account of that illness, could not succeed.

Citations:

Times 10-Mar-1995

Statutes:

Sex Discrimination Act 1975 1(1), Employment Protection (Consolidation) Act 1978 33

Jurisdiction:

Scotland

Cited by:

Appeal from – Reversed – Brown v Rentokil Ltd ECJ 30-Jun-1998
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 07 August 2022; Ref: scu.78708

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless Persons) he was ‘a person who is not considered as a national by any state under the operation of its law’. If this issue is decided against him he also seeks to argue that the decision was disproportionate and therefore unlawful under European law.’
Held: The appeal failed, and the matter was remitted to SIAC. The question arising under article 1(1) of the 1954 Convention was not decided solely by reference to the text of the nationality legislation of the state in question. Reference may also be made to the practice of the government, even if not subject to effective challenge in the courts. It had not been established that the appellant would be stateless by operation of ietnamese law.
Lord Mance said that: ‘EU law [is] part of domestic law because Parliament has so willed’ and ‘[t]he question how far Parliament has so willed is thus determined by construing the 1972 Act’ and ‘For a domestic court, the starting point is, in any event, to identify the ultimate legislative authority in its jurisdiction according to the relevant rule of recognition. The search is simple in a country like the United Kingdom with an explicitly dualist approach to obligations undertaken at a supranational level. European law is certainly special and represents a remarkable development in the world’s legal history. But, unless and until the rule of recognition by which we shape our decisions is altered, we must view the United Kingdom as independent, Parliament as sovereign and European law as part of domestic law because Parliament has so willed. The question how far Parliament has so willed is thus determined by construing the 1972 Act.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Wilson, Lord Sumption, Lord Reed, Lord Carnwath

Citations:

[2015] Imm AR 950, [2015] 1 WLR 1591, [2015] UKSC 19, [2015] INLR 593, [2015] WLR(D) 166, [2015] 2 CMLR 49, [2015] 3 All ER 1015, UKSC 2013/0150

Links:

Bailii, Bailii Summary, SC, SC Summary, WLRD

Statutes:

British Nationality Act 1981 40(4), 1954 Convention relating to the Status of Stateless Persons 1(1), European Communities Act 1972

Jurisdiction:

England and Wales

Citing:

Appeal From – Pham v The United States of America Admn 12-Dec-2014
The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges.
Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant . .
At SIAC – B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed) SIAC 26-Jul-2012
The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The . .
At CA (1) – B2 v Secretary of State for The Home Department CA 24-May-2013
Appeal from the Special Immigration Appeals Commission in which the issue was whether the Secretary of State for the Home Department was entitled to deprive a British Citizen originating from Vietnam of British nationality following his alleged . .

Cited by:

Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Cited – Michalak v General Medical Council and Others SC 1-Nov-2017
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in . .
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European, Constitutional

Leading Case

Updated: 07 August 2022; Ref: scu.544726

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a breach of the European Torture Regulation.
Held: The claims failed: ‘the obligation of the United Kingdom under the Convention does not extend to securing Convention rights to these Claimants. The Claimants are US citizens convicted and sentenced by US Courts in respect of offences committed in the United States. They are being held in the United States. They face a penalty imposed in accordance of the laws of the United States which will be implemented there. They are not and never have been at any material times within the territorial jurisdiction of the United Kingdom.’ Nor could the Charter be used to extend the scope of the Convention to include the claimants.
The rubric, ‘implementing EU law’ is to be interpreted broadly and, in effect, means whenever a member state is acting ‘within the material scope of EU law’.
Lloyd Jones J said: ‘If the claimants were correct in their submission that the Charter recognises Convention Rights without the limitation imposed by art.1 ECHR, the result would be very radical indeed. Whereas States party to the Convention undertake to secure Convention rights to persons within their jurisdiction (in the sense explained in Bankovic) the Charter would confer such rights on anyone, anywhere in the world, regardless of whether they have any connection with the European Union. That such a result should be brought about without any express reference to the massive extension which was being effected would be most surprising.’

Judges:

Lloyd Jones J

Citations:

[2010] EWHC 3110 (Admin), [2011] ACD 33, [2011] Eu LR 315, [2011] HRLR 6

Links:

Bailii

Statutes:

Export Control Act 2002, EU Council Regulation 1236/2005, Export Control Order 2008, EU Export Control Order 2008, Charter of Fundamental Rights of the European Union

Jurisdiction:

England and Wales

Citing:

Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Pratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Al-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
Cited – 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 – Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
Cited – Wachauf v Bundesamt Fur Ernahrung und Forstwirtschaft ECJ 13-Jul-1989
ECJ 1. The term ‘holding’ in Article 12(d) of Council Regulation No 857/84 relating to the application of the additional levy on milk covers all the agricultural production units which are the subject of a lease, . .
Cited – Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
Cited – Annibaldi v Sindaco del Comune di Guidonia and Presidente Regione Lazio ECJ 18-Dec-1997
ECJ (Judgment) Agriculture – Nature and archaeological park – Economic activity – Protection of fundamental rights- Lack of jurisdiction of the Court. . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – NS, Regina (on The Application of) v Secretary of State for The Home Department CA 12-Jul-2010
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .

Cited by:

Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Cited – Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
Cited – Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 22-May-2013
The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Licensing, European, Human Rights

Updated: 07 August 2022; Ref: scu.426735

Arysta Lifescience v Ohmi-Basf (Carpovirusine): ECFI 14 Dec 2005

ECJ Community trade mark – Opposition proceedings – Application for Community word mark CARPOVIRUSINE – Earlier national word mark CARPO – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 40 / 94

Citations:

T-169/04, [2005] EUECJ T-169/04

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 06 August 2022; Ref: scu.236383

Fedon and Figli and Others v Council and Commission (External Relations): ECFI 14 Dec 2005

ECFI (Grand Chamber) Non-contractual liability of the Community – Incompatibility of the Community-banana import regime with the rules of the World Trade Organization, (WTO) – Imposition by the United States of America-retaliation under the form of a customs-duty levied on imports from the Community by virtue of an authorization-of-WTO – Decision of the organ of dispute settlement, the WTO – Legal effects – Community liability in the absence of unlawful conduct of its institutions – Causal link – Unusual and special damage
Europa Responsabilite non contractuelle de la Communaute -? Incompatibilite du regime communautaire d-?importation des bananes avec les regles de l-?Organisation mondiale du commerce (OMC) -? Instauration par les Etats-Unis d-?Amerique de mesures de retorsion sous la forme d-?une surtaxe douaniere prelevee sur les importations en provenance de la Communaute en vertu d-?une autorisation de l-?OMC -? Decision de l-?organe de reglement des differends de l-?OMC -? Effets juridiques -? Responsabilite de la Communaute en l-?absence de comportement illicite de ses organes -? Lien de causalite -? Prejudice anormal et special.

Citations:

T-135/01, [2005] EUECJ T-135/01

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 06 August 2022; Ref: scu.236401

General Electric v Commission (Competition): ECFI 14 Dec 2005

ECFI Action for annulment – Competition – Commission decision declaring a concentration to be incompatible with the common market – Regulation (EEC) No 4064/89 – Aeronautical markets – Acquisition of Honeywell by General Electric – Vertical integration – Bundling – Foreclosure – Horizontal overlaps – Rights of the defence.

Citations:

T-210/01, [2005] EUECJ T-210/01

Links:

Bailii

Statutes:

Regulation (EEC) No 4064/89

Jurisdiction:

European

European

Updated: 06 August 2022; Ref: scu.236403

CD Cartondruck v Council and Commission (External Relations) French Text: ECFI 14 Dec 2005

ECJ Non-contractual liability of the Community – Incompatibility of the Community-banana import regime with the rules of the World Trade Organization, (WTO) – Imposition by the United States of America-retaliation under the form of a customs-duty levied on imports from the Community, pursuant to an authorization from the WTO– Decision of-dispute settlement body of the WTO– Legal effects – Community liability in the absence of unlawful conduct of its institutions – Causal link – Unusual and special damage

Citations:

T-320/00, [2005] EUECJ T-320/00

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 August 2022; Ref: scu.236388

Castle View Services Limited v Howes and Everett and Fitzpatrick and Dalglish: SCS 29 Feb 2000

Though the Council Directive did not apply to sea-going vessels, the Court held that the crews of such vessels were not excluded from the benefit of the regulations.

Judges:

Lord Sutherland

Citations:

[2000] ScotCS 49, 2000 SLT 696

Links:

Bailii, ScotC

Statutes:

Employment Tribunals Act 1996

Jurisdiction:

Scotland

Cited by:

Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 06 August 2022; Ref: scu.169403

Veedfald v Arhus Amtskommune: ECJ 10 May 2001

A hospital manufactured and used in its hospitals defective fluid for use in kidney operations. It denied liability under the defective product laws on the basis that it had not put the product into circulation, and that it had not been manufactured for an economic purpose, but rather for supply within the publicly funded health group.
Held: The exemptions under the directive were listed exhaustively, and therefore must be read restrictively. The fact that the patient did not pay directly for the service and that it was funded through taxation did not mean that it was not an economic or business activity, and nor was it charitable. Member states could not restrict the ranges of injury for which damages were recoverable.

Citations:

Times 04-Jun-2001, C-203/99, [2001] EUECJ C-203/99

Links:

Bailii

Statutes:

Council Directive 85/374/EEC Approximation of laws for liability for defective products.

Jurisdiction:

European

European, Personal Injury, Consumer

Updated: 06 August 2022; Ref: scu.90138

Vehicle Inspectorate v Southern Coaches Ltd and others: QBD 23 Feb 2000

A coach driver travelled as a passenger in a company coach. He sought to count the time travelling as rest time under his tachograph measurements. The court found however that he would have been available to take over the driving during that period had occasion required. The regulations required the rest to be other than in a moving vehicle, and this interpretation was required properly to give effect to the legislation.

Citations:

Times 23-Feb-2000

Statutes:

Council Regulation (EEC) No 3820/85

Jurisdiction:

England and Wales

Transport, European

Updated: 06 August 2022; Ref: scu.90143

Expert Witness Institute v Commissioners of Customs and Excise: ChD 12 Apr 2001

The 1990 Regulation, SI 1990 No 2854, should be construed in the light of the European Directive. The Institute was exempt from Value Added Tax. Its aims of promoting and supporting the proper administration of justice, and the early resolution of disputes, were sufficiently in the public interest, and so closely connected to the administration of justice to bring it within the section as amended by the regulation. The Directive did not require that the body should be altruistic, and it was not relevant that the decision might lead to other bodies also becoming exempt.

Citations:

Times 12-Apr-2001

Statutes:

Sixth Council Directive 77/388/EEC on the harmonisation of laws relating to turnover taxes, Value Added Tax Act 1994 Sch 9 Group 9 para (e), Value Added Tax (Education) (No 2) Order 1994 (1994 No 2969)

Jurisdiction:

England and Wales

Citing:

Appealed to – Expert Witness Institute v Commissioners of Customs and Excise CA 12-Dec-2001
A not for profit institute whose stated aims were ‘supporting the proper administration of justice and the early resolution of disputes’ came within the terms of the Directive and was exempt from VAT. Article 13A(1)(l) provided for exemption for the . .

Cited by:

Appeal from – Expert Witness Institute v Commissioners of Customs and Excise CA 12-Dec-2001
A not for profit institute whose stated aims were ‘supporting the proper administration of justice and the early resolution of disputes’ came within the terms of the Directive and was exempt from VAT. Article 13A(1)(l) provided for exemption for the . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 06 August 2022; Ref: scu.80423

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal.
Held: The appeal failed. The respondent’s policy was clear and longstanding.
Lord Dyson MR said: ‘ It is clearly established that a public body may not unlawfully fetter the exercise of a discretionary statutory power: see, for example, British Oxygen Co Ltd v Board of Trade [1971] AC 610. But where a policy is made in the exercise of prerogative or common law powers (rather than a statutory discretion), there is no rule of law which requires the decision-maker to consider the facts of every case with a view to deciding whether, exceptionally, to depart from the policy in a particular case. This is because ‘it is within the power of the decision-maker to decide on the extent to which the power is to be exercised in, for example, setting up a scheme. He can decide on broad and clear criteria and either that there are no exceptions to the criteria in the scheme or, if there are exceptions in the scheme, what they should be’: R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213, para 191.’
As to the death penalty: ‘the death penalty is (in my view) rightly regarded by the Government as immoral and unacceptable’

Judges:

Lord Dyson MR, Elias, Patten LJJ

Citations:

[2013] EWCA Civ 581, [2013] 3 All ER 757, [2013] WLR(D) 201, [2013] 1 WLR 2938

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
Cited – Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
Cited – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – X v United Kingdom ECHR 15-Dec-1977
(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .

Cited by:

Appeal from – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
‘The issue in this case is the legality of the Government’s decision to provide mutual legal assistance to the United States – in the shape of the product of police enquiries – to facilitate the prosecution of the claimant’s son in the United States . .
Lists of cited by and citing cases may be incomplete.

Legal Aid, Human Rights, European

Updated: 06 August 2022; Ref: scu.510013

Sviluppo Italia Basilicata v Commission: ECJ 29 Oct 2009

ECJ (Regional Policy) Appeal European Regional Development Fund (ERDF) Overall allocation for the implementation of incentive measures for small and medium-sized enterprises (SMEs) operating in the Region of Basilicata Regulation (EEC) No 4253/88 Article 24 Reduction of assistance initially granted by the ERDF Commission’s discretion Regulation (EEC) No 4253/88 Articles 25 and 26 Monitoring and evaluation obligations

Citations:

C-414/08, [2010] EUECJ C-414/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Sviluppo Italia Basilicata v Commission ECJ 25-Mar-2010
Appeal – European Regional Development Fund (ERDF) – Reduction of financial assistance – General allocation for the purpose of implementing measures to support small and medium-sized enterprises Deadline for completion of investment projects . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 August 2022; Ref: scu.380307

Federutility and Others (Freedom Of Establishment) French Text: ECJ 20 Oct 2009

Europa (Opinion) Pricing of natural gas supply to residential customers PSOs general economic interest

Judges:

Damaso Ruiz-Jarabo Colomer AG

Citations:

C-265/08, [2009] EUECJ C-265/08 – O

Links:

Bailii

Cited by:

Opinion – Federutility and Others (Freedom Of Establishment) ECJ 20-Apr-2010
ECJ (Grand Chamber) Directive 2003/55/EC Internal market in natural gas State intervention on the price for the supply of natural gas after 1 July 2007 Public service obligations of undertakings operating in the . .
Lists of cited by and citing cases may be incomplete.

European, Utilities

Updated: 05 August 2022; Ref: scu.380299

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 have’ known of the breach of procurement law Requirement that proceedings be brought ‘promptly’.

Citations:

C-406/08, [2009] EUECJ C-406/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – 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. . .
Lists of cited by and citing cases may be incomplete.

European, Limitation, Judicial Review

Updated: 05 August 2022; Ref: scu.380310

Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (European Citizenship): ECJ 20 Oct 2009

ECJ Freedom of movement for persons – Right of residence – Conditions – Former migrant worker – Person without sufficient resources or sickness insurance cover – Social assistance in the form of housing assistance – Primary carer of a child residing in the host Member State for the purpose of studying there Article 12 of Regulation (EEC) No 1612/68 Directive 2004/38/EC Relationship of the two provisions to each other.

Citations:

C-480/08, [2009] EUECJ C-480/08 – O

Links:

Bailii

Statutes:

Directive 2004/38/EC, Regulation (EEC) No 1612/68

Cited by:

See Also – London Borough of Harrow v Ibrahim and Secretary of State for the Home Department (European Citizenship) ECJ 20-Oct-2009
ECJ Freedom of movement for persons – Rights of residence of family members of former Community worker Rights of the children to pursue their studies in the host Member State Right of the mother, who is a . .
See Also – London Borough of Harrow v Ibrahim and Secretary of State for the Home Department ECJ 23-Feb-2010
Europa Freedom of movement for persons Right of residence National of a Member State who worked in another Member State and remained there after ceasing to work Child in vocational training in the host Member . .
See Also – Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (European Citizenship) ECJ 23-Feb-2010
Europa Freedom of movement for persons Right of residence National of a Member State who worked in another Member State and remained there after ceasing to work Child in vocational training in the host Member . .
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 05 August 2022; Ref: scu.380308

Hochtief and Linde-Kca-Dresden (Freedom To Provide Services): ECJ 15 Oct 2009

ECJ Procedures for the award of public works contracts – Procedures initiated after the entry into force of Directive 2004/18/EC and before the expiry of the period for transposition of that directive Negotiated procedures with publication of a contract notice Obligation to admit a minimum number of suitable candidates Obligation to ensure genuine competition.

Citations:

C-138/08, [2009] EUECJ C-138/08

Links:

Bailii

European

Updated: 05 August 2022; Ref: scu.380302

London Borough of Harrow v Ibrahim and Secretary of State for the Home Department (European Citizenship): ECJ 20 Oct 2009

ECJ Freedom of movement for persons – Rights of residence of family members of former Community worker Rights of the children to pursue their studies in the host Member State Right of the mother, who is a national of a non-member country, to reside in the host Member State Article 12 of Regulation (EEC) No 1612/68 Article 12(3) of Directive 2004/38/EC Absence of sufficient resources to avoid becoming a burden on the social assistance system of the host Member State.

Citations:

C-310/08, [2009] EUECJ C-310/08 – O

Links:

Bailii

Statutes:

Regulation (EEC) No 1612/68, Directive 2004/38/EC

Citing:

See Also – Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (European Citizenship) ECJ 20-Oct-2009
ECJ Freedom of movement for persons – Right of residence – Conditions – Former migrant worker – Person without sufficient resources or sickness insurance cover – Social assistance in the form of housing . .

Cited by:

See Also – London Borough of Harrow v Ibrahim and Secretary of State for the Home Department ECJ 23-Feb-2010
Europa Freedom of movement for persons Right of residence National of a Member State who worked in another Member State and remained there after ceasing to work Child in vocational training in the host Member . .
See Also – Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (European Citizenship) ECJ 23-Feb-2010
Europa Freedom of movement for persons Right of residence National of a Member State who worked in another Member State and remained there after ceasing to work Child in vocational training in the host Member . .
Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 05 August 2022; Ref: scu.380303

Synthon v Merz Pharma Gmbh and Co Kg: ECJ 15 Aug 2009

ECJ Statement of questions referred (Patents)

Citations:

[2009] EUECJ C-195/09

Links:

Bailii

Citing:

Reference From – Synthon Bv v Merz Pharma Gmbh and Co Kgaa PatC 2-Apr-2009
. .

Cited by:

Statement of questions – Synthon v Merz Pharma Gmbh and Co Kg ECJ 31-Mar-2011
ECJ Opinion – Regulation No 1768/92 – Supplementary protection certificate – Conditions for its grant – Concept of first marketing authorisation . .
Statement of Questions – Synthon v Merz Pharma Gmbh and Co Kg ECJ 28-Jul-2011
ECJ Patent law – Medicinal products – Supplementary protection certificate for medicinal products – Regulation (EEC) No 1768/92 – Article 2 – Scope – Safety and efficacy testing laid down by Directive 65/65/EEC – . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 05 August 2022; Ref: scu.380270

BCS v OHMI – Deere And Jaune: ECFI 28 Oct 2009

ECJ Community trade mark Invalidity proceedings – Community trade mark consisting of a combination of the colours green and yellow – Absolute ground for refusal – Distinctive character acquired through use Article 7(3) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(3) and Article 52(1)(a) of Regulation (EC) No 207/2009) – Relative ground for refusal Earlier unregistered national mark consisting of a combination of the colours green and yellow Article 8(4) and Article 52(1)(c) of Regulation No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation No 207/2009) – Obligation to state reasons Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).

Citations:

T-137/08, [2009] EUECJ T-137/08

Links:

Bailii

European, Intellectual Property

Updated: 05 August 2022; Ref: scu.380274

Busley and Cibrian (Free Movement Of Capital): ECJ 15 Oct 2009

ECJ Free movement of capital Immovable property – Income tax Deductibility of rental losses from the taxable income of a person liable to tax – Application of the decreasing-balance method of depreciation to the costs of acquisition or construction More favourable tax treatment confined to immovable property situated on the national territory).

Citations:

C-35/08, [2009] EUECJ C-35/08

Links:

Bailii

European

Updated: 05 August 2022; Ref: scu.380278

Commission v Bavarian Lager: ECJ 15 Oct 2009

ECJ Opinion – Appeal – Access to documents of Community institutions -Document relating to a meeting held in proceedings for failure to fulfil obligations.
‘It should be noted that in paragraph 104 the judgment under appeal, the General Court, in examining Article 2(a) Regulation No. 45/2001, that is to say the definition of the concept of single ‘personal data’, correctly held that surnames and forenames may be regarded as personal data.’

Judges:

Sharpston AG

Citations:

C-28/08, [2009] EUECJ C-28/08 – O

Links:

Bailii

Cited by:

Cited – Commission v Bavarian Lager ECJ 29-Jun-2010
ECJ Appeal – Access to the documents of the institutions – Document concerning a meeting held in the context of a procedure for failure to fulfil obligations -Protection of personal data – Regulation (EC) No . .
Cited – Edem v The Information Commissioner and Another CA 7-Feb-2014
The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed.
Held: The appeal failed. The court approved the . .
Lists of cited by and citing cases may be incomplete.

European, Information

Updated: 05 August 2022; Ref: scu.380283

Sunplus Technology Co. Ltd v Ohim (Trade Marks And Designs): ECJ 26 Mar 2009

Appeal Community trade mark Regulation (EC) No 40/94 Article 8(1)(b) Word and figurative mark ‘SUNPLUS’ Opposition by the proprietor of the national word marks ‘SUN’ Refusal of registration

Judges:

C.W.A. Timmermans, P

Citations:

C-21/08, [2009] EUECJ C-21/08, [2009] ETMR 46

Links:

Bailii

European, Intellectual Property

Updated: 05 August 2022; Ref: scu.380269

Heathrow Airport v Forte (UK) Ltd and Others: ChD 11 Feb 1998

The dominant position held by a Landlord for the provision of space for services and his imposition of a differential charge was insufficient to justify a claim of abuse of position. The provision of catering services to airlines at Heathrow Airport was of a local character necessitated by ‘the need for flexibility and the need for the food to be as fresh as possible’. The defendants had not shown even an arguable case that trade between Member States was affected to an appreciable extent. The trade’s local character was not affected by the fact that three customers were airlines incorporated in other Member States. The expression ‘Euro-defences’ must not be treated as a pejorative term.

Judges:

Lawrence Collins QC

Citations:

Gazette 11-Feb-1998, [1998] EuLR 98

Statutes:

Treaty of Rome 1957 Art 80 Art 90

Jurisdiction:

England and Wales

Landlord and Tenant, European

Updated: 05 August 2022; Ref: scu.81298

Commission v Germany (Freedom To Provide Services): ECJ 10 Jan 2009

ECJ Opinion – Failure of a Member State to fulfil obligations Infringement of Article 49 EC and Paragraph 13 of Chapter 2 of Annex XII to the 2003 Act of Accession Interpretation and application by the national administrative authorities of an intergovernmental agreement between Germany and Poland on the posting of workers from Polish undertakings to carry out work contracts Exclusion of the possibility for undertakings established in other Member States to conclude work contracts with Polish undertakings Extension of the restrictions Standstill clause.

Judges:

Mazak AG

Citations:

C-546/07, [2009] EUECJ C-546/07 – O

Links:

Bailii

Cited by:

Opinion – Commission v Germany (Freedom To Provide Services) ECJ 21-Jan-2010
ECJ Failure of a Member State to fulfil obligations Freedom to provide services Article 49 EC Annex XII to the Act of Accession List referred to in Article 24 of the Act of Accession: Poland Chapter 2, paragraph . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.375627

L’Oreal Sa v OHIM (Trade Mark ): ECFI 25 Mar 2009

ECJ Community trade mark – Opposition proceedings Application for the Community word mark SPALINE – Earlier national word mark SPA Relative ground for refusal – Damage to reputation – Unfair advantage derived from the reputation of the earlier mark Use of the mark applied for without due cause Article 8(5) of Regulation (EC) No 40/94.

Citations:

T-21/07, [2008] EUECJ T-21/07, [2009] ETMR 49

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(5)

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.375626

Sison v Council (Common Foreign And Security Policy): ECFI 30 Sep 2009

ECJ Common foreign and security policy Restrictive measures against certain persons and entities with a view to combating terrorism Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 Actions for annulment Adaptation of heads of claim Judicial review Statement of reasons Conditions for implementation of a Community measure freezing funds.

Citations:

T-341/07, [2009] EUECJ T-341/07, [2009] ECR II-3625

Links:

Bailii

Cited by:

Opinion – Sison v Council (Common Foreign And Security Policy) ECJ 23-Nov-2011
ECJ Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 – Annulment . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.375417

Blanco Perez v Chao Gomez: ECJ 30 Sep 2009

ECJ (Freedom Of Establishment) (Opinion) The court looked at the competition implications of the control of licensing of pharmacies.

Citations:

C-570/07, [2009] EUECJ C-570/07 – O, C-571/07, [2009] EUECJ C-571/07 – O

Links:

Bailii, Bailii

Cited by:

Opinion – Blanco Perez v Chao Gomez ECJ 1-Jun-2010
ECJ Article 49 TFEU Directive 2005/36/EC Freedom of establishment Public health Pharmacies Proximity Provision of medicinal products to the public Operating licence Territorial distribution of pharmacies . .
Lists of cited by and citing cases may be incomplete.

European, Health Professions

Updated: 04 August 2022; Ref: scu.375412

Hoechst v Commission (Competition): ECFI 30 Sep 2009

ECJ Competition Agreements, decisions and concerted practices Market for monochloroacetic acid Decision finding an infringement of Article 81 EC Market sharing and price-fixing Attributability of the infringement Fines Proportionality Cooperation Aggravating circumstances Repeated infringement Access to the file Report of the Hearing Officer Order to bring the infringement to an end.

Citations:

T-161/05, [2009] EUECJ T-161/05

Links:

Bailii

European

Updated: 04 August 2022; Ref: scu.375415

Rottmann v Freistaat Bayern: ECJ 30 Sep 2009

ECJ Opinion – European Citizenship Loss – Loss of the nationality of the Member State of origin at the time of acquisition of citizenship of another Member State – Withdrawal of the new nationality due to fraudulent manoevres that accompanied its acquisition

Judges:

Maduro AG

Citations:

C-135/08, [2009] EUECJ C-135/08 – O

Links:

Bailii

Cited by:

Opinion – Rottmann v Freistaat Bayern ECJ 2-Mar-2010
ECJ Citizenship of the Union Article 17 EC – Nationality of one Member State acquired by birth – Nationality of another Member State acquired by naturalisation – Loss of original nationality by reason of that . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.375416

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 notice period – National legislation incompatible with Article 6, paragraph 1 of Directive 2000/78 – Responsibility and authority of national courts General principles of law invocability exclusion of a directive in a dispute between individuals.

Citations:

[2009] EUECJ C-555/07, C-555/07

Links:

Bailii

Statutes:

Directive 2000/78/CE

Cited by:

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 . .
See Also – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 04 August 2022; Ref: scu.375202

Akzo Nobel Chemicals and Akcros Chemicals v Commission: ECFI 17 Sep 2007

Competition – Administrative procedure – Commission’s powers of investigation – Documents seized in the course of an investigation – Legal professional privilege protecting communications between lawyers and their clients – Admissibility.

Judges:

J D Cooke, P

Citations:

T-253/03, [2007] EUECJ T-253/03, [2008] Bus LR 348, [2007] EUECJ T-125/03

Links:

Bailii, Bailii

Citing:

See Also – Akzo Nobel Chemicals and Akcros Chemicals v Commission (Order) ECFI 30-Oct-2003
Europa Interim measures – Competition – Commission’s powers of investigation – Protection of confidentiality – Communications between lawyers and clients – Limits. . .
See Also – Akzo Nobel Chemicals and Akcros Chemicals v Commission ECFI 28-May-2004
(Order) . .
Cited – 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 by:

Appeal from – Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (Competition) ECJ 29-Apr-2010
ECJ (Opinion) Appeal Competition – Administrative procedure – Commission’s powers of investigation – Documents copied in the course of an investigation and later placed on the file – Protection of confidentiality . .
Cited – Calland v Information Commissioner and The Financial Services Authority IT 8-Aug-2008
The claimant, being in a prolonged dispute with the Authority had requested copies (internal and external) of correspondence and other communications relating to him. The request was resisted on several grounds according to the nature of the . .
Lists of cited by and citing cases may be incomplete.

European, Legal Professions

Updated: 04 August 2022; Ref: scu.375209

Evets v OHMI (Danelectro): ECFI 23 Sep 2009

ECJ Community trade mark Community word mark DANELECTRO and Community figurative mark QWIK TUNE Failure to observe the time’limit for submitting a request for renewal of the trade marks Application for restitutio in integrum Reformatio in pejus Rights of the defence Right to be heard Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009).

Citations:

T-21/08, [2009] EUECJ T-21/08

Links:

Bailii

Cited by:

See Also – Evets v OHMI (Danelectro) ECFI 23-Sep-2009
ECJ Community trade mark Community word mark DANELECTRO and Community figurative mark QWIK TUNE Failure to observe the time’limit for submitting a request for renewal of the trade marks Application for restitutio . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.375106

Google France and Google v Louis Vuitton Malletier (Intellectual Property): ECJ 22 Sep 2009

ECJ (Opinion of advocate General Poiares Maduro) – The court was asked whether it was lawful for Google to allow its advertisers to specify trade marks in the keywords against which Google users could search.
Held: Google’s practice was not unlawful.

Citations:

C-238/08, [2009] EUECJ C-238/08 – O, [2010] EUECJ C-238/08

Links:

Bailii, Bailii

Cited by:

See Also – Google France and Google v Louis Vuitton Malletier (Intellectual Property) ECJ 22-Sep-2009
ECJ (Opinion of Advocate General Maduro) The court considered the alleged misuse of trade marks as keywords for internet searches. . .
See Also – Google France and Google (Intellectual Property) ECJ 22-Sep-2009
Opinion – The AG consideed the applicable law as regards the use of trade mark names within websites to attract internet search engines. . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.375109

Pontina Ambiente v Regione Lazio (Environment And Consumers): ECJ 17 Sep 2009

ECJ (Opinion) Landfill of waste – Special tax on the placing of solid waste in a landfill site – Late payments.

Judges:

Sharpston AG

Citations:

C-172/08, [2009] EUECJ C-172/08 – O

Links:

Bailii

Cited by:

Opinion – Pontina Ambiente v Regione Lazio (Environment And Consumers) 25-Feb-2010
ECJ Environment Directive 1999/31/EC Article 10 Special levy on the disposal of solid waste in landfills Operator of a landfill subject to that levy Operating costs of a landfill Directive 2000/35/EC Default . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 04 August 2022; Ref: scu.375111

Google France and Google (Intellectual Property): ECJ 22 Sep 2009

Opinion – The AG consideed the applicable law as regards the use of trade mark names within websites to attract internet search engines.

Judges:

Maduro AG

Citations:

C-236/08, [2009] EUECJ C-236/08 – O

Links:

Bailii

Citing:

See Also – Google France and Google v Louis Vuitton Malletier (Intellectual Property) ECJ 22-Sep-2009
ECJ (Opinion of advocate General Poiares Maduro) – The court was asked whether it was lawful for Google to allow its advertisers to specify trade marks in the keywords against which Google users could search.

Cited by:

Opinion – Google France and Google (Intellectual Property) ECJ 23-Mar-2010
ECJ Trade marks Internet Search engine Keyword advertising Display, on the basis of keywords corresponding to trade marks, of links to sites of competitors of the proprietors of those marks or to sites offering . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.375107

Pereda v Madrid Movilidad SA: ECJ 10 Sep 2009

ECJ (Free Movement Of Persons) Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Sick leave – Annual leave coinciding with sick leave – Entitlement to take annual leave at another time.
The purpose of the entitlement to annual leave was to enable the worker to rest and enjoy a period of relaxation and leisure.

Citations:

Times 08-Oct-2009, C-277/08, [2009] EUECJ C-277/08

Links:

Bailii

Statutes:

Directive 2003/88/EC Organisation of working time

Cited by:

Cited – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 04 August 2022; Ref: scu.374772

Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Adolf Darbo: ECJ 10 Sep 2009

ECJ Harmonisation of laws – Directive 95/2/EC Part A of Annex III – Directive 2001/113/EC Second paragraph of Part II of Annex I – Extra jam with a soluble dry matter content of 58% and containing potassium sorbate (E 202) as a preservative – Term ‘low’sugar jam’.

Citations:

C-366/08, [2009] EUECJ C-366/08

Links:

Bailii

Statutes:

Directive 95/2/EC, Directive 2001/113/EC

European

Updated: 04 August 2022; Ref: scu.374750

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 – Collection, transportation, analysis and storage of umbilical cord blood.

Citations:

C-262/08, [2009] EUECJ C-262/08 – O

Links:

Bailii

Cited by:

Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 04 August 2022; Ref: scu.374749

Territorio Historico de Alava Diputacion Foral De Alava v Commission: ECFI 9 Sep 2009

ECJ State aid Tax advantages granted by a territorial entity within a Member State Tax exemptions Decisions declaring aid schemes incompatible with the common market and requiring recovery of aid paid out Classification as new aid or as existing aid Operating aid Principle of the protection of legitimate expectations Principle of legal certainty Decision initiating the formal investigation procedure under Article 88(2) EC No need to adjudicate.

Citations:

T-87/02, [2009] EUECJ T-87/02

Links:

Bailii

Statutes:

Article 88(2) EC

European

Updated: 04 August 2022; Ref: scu.374761

Society of Industrial Management System v Belgian State: ECJ 10 Sep 2009

ECJ Opinion – Direct Taxation – Freedom of establishment – Free movement of capital tax treatment of an unusual or gratuitous advantage granted by a resident company to a company having its seat in another Member State in respect of which the first company is in links interdependence – Preservation of a balanced allocation of taxing powers between Member States fight against abusive practices

Citations:

C-311/08, [2009] EUECJ C-311/08 – O

Links:

Bailii

Cited by:

Opinion – Society of Industrial Management System v Belgian State ECJ 21-Jan-2010
ECJ Freedom of establishment Free movement of capital Direct taxation Income tax legislation ‘ Determination of the taxable income of companies ‘ Companies having a relationship of interdependence ‘ Unusual or . .
Lists of cited by and citing cases may be incomplete.

European, Taxes Management

Updated: 04 August 2022; Ref: scu.374770

Plantanol GmbH and Co. KG v Hauptzollamt Darmstadt (Environment And Consumers): ECJ 10 Sep 2009

Europa Directive 2003/30/EC Promotion of the use of biofuels or other renewable fuels for transport – Directive 2003/96/EC Community framework for the taxation of energy products and electricity – Blend of vegetable oil, additives and fuel Biofuels National rules – Tax exemption – Replacement of the exemption by an obligation to maintain a minimum biofuel content in fuels – Conformity with Directives 2003/30/EC and 2003/96/EC – General principles of legal certainty and the protection of legitimate expectations.

Citations:

C-201/08, [2009] EUECJ C-201/08

Links:

Bailii

Statutes:

Directive 2003/30/EC Promotion of the use of biofuels or other renewable fuels for transport, Directive 2003/96/EC Community framework for the taxation of energy products and electricity

European

Updated: 04 August 2022; Ref: scu.374767

German Graphics Graphische Maschinen Gmbh v Alice van der Schee, acting as liquidator of Holland Binding BV (Area Of Freedom, Security And Justice): ECJ 10 Sep 2009

ECJ Insolvency – Application of the law of the Member State of the opening of proceedings – Reservation of title – Situation of assets.

Citations:

C-292/08, [2009] EUECJ C-292/08

Links:

Bailii

European, Insolvency

Updated: 04 August 2022; Ref: scu.374764

Commission v Finland (External Relations): ECJ 10 Sep 2009

ECJ Opinion – Bilateral investment treaties Article 307 EC.

Citations:

C-118/07, [2009] EUECJ C-118/07 – O

Links:

Bailii

Cited by:

Opinion – Commission v Finland (External Relations) ECJ 19-Nov-2009
ECJ Failure of a Member State to fulfil obligations Article 307, second paragraph, EC Failure to adopt appropriate steps to eliminate incompatibilities between the bilateral agreements concluded with third . .
Lists of cited by and citing cases may be incomplete.

European, International

Updated: 04 August 2022; Ref: scu.374746

Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA): ECJ 10 Sep 2009

ECJ (Approximation Of Laws) Opinion – Insider trading Using inside information Directive 2003/6 / EC

Judges:

Kokott AG

Citations:

C-45/08, [2009] EUECJ C-45/08 – O

Links:

Bailii

Cited by:

Preliminary Ruling – Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA) ECJ 23-Dec-2009
ECJ Directive 2003/6 Insider dealing – Use of inside information – Sanctions – Conditions . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.374771

Plato Plastik Robert Frank Gmbh v Caropack Handelsgesellschaft Mbh: ECJ 16 Feb 2006

ECJ Article 104, paragraph 3, second paragraph, of the Rules of Procedure -‘ Directive 94/62/EC – ‘Packaging and packaging waste -‘ Concepts of packaging manufacturer and manufacturer of packaging materials – ‘Manufacturer plastic bags with handles’

Citations:

C-26/05, [2006] EUECJ C-26/05, [2006] ECR I-24

Links:

Bailii

Statutes:

Directive 94/62/EC

Jurisdiction:

European

European

Updated: 04 August 2022; Ref: scu.374494

Reyniers and Sogama Bvba v Belgisch Interventie- En Restitutiebureau: ECJ 6 Apr 2006

ECJ Preliminary reference -‘ Article 104, paragraph 3, first paragraph, of the Rules of Procedure – ‘Recovery of import duties -‘ Proof of the regularity of the operation or of the place of the offense or irregularity – ‘As a result of the absence of any indication to the principal of time to furnish that proof

Citations:

C-407/05, [2006] EUECJ C-407/05

Links:

Bailii

European

Updated: 04 August 2022; Ref: scu.374502

Halbritter v Freistaat Bayern: ECJ 6 Apr 2006

ECJ Article 104, paragraph 3, first paragraph, of the Rules of Procedure -‘ Directive 91/439/EEC – ‘Mutual recognition of driving licenses -‘ Removing the license in one Member State accompanied by a temporary ban on obtaining a new license – ‘a license issued in another Member State after the end of the temporary ban -‘ recognition and transcription of the permit in the first Member State – ‘Presentation of a report on the ability to drive required by National regulation

Citations:

C-227/05, [2006] EUECJ C-227/05

Links:

Bailii

European

Updated: 04 August 2022; Ref: scu.374500

Aktieselskabet v OHIM: ECJ 12 Dec 2008

ECJ Appeal Community trade mark Regulation (EC) No 40/94 Article 8(5) Reputation Taking unfair advantage of the distinctive character or the repute of the earlier mark Application for registration as a Community trade mark of the word mark ‘TDK’ Opposition by the proprietor of the Community and national word and figurative marks TDK Refusal to register.

Citations:

C-197/07, [2008] EUECJ C-197/07

Links:

Bailii

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.374477

Astex Therapeutics Ltd v OHIM: ECFI 10 Sep 2008

ECJ Community trade mark Opposition proceedings Application for the Community figurative mark astex TECHNOLOGY Earlier Community word mark ASTEX Ground for refusal Likelihood of confusion Restriction of the goods designated in the trade mark application Article 8(1)(b) of Regulation No 40/94

Judges:

O Czucz P

Citations:

T-48/06, [2008] EUECJ T-48/06

Links:

Bailii

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.374470

Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe: ECJ 3 Sep 2009

ECJ Directive 2000/78/EC – Prohibition of discrimination based on age – National legislation providing for an age limit of 68 years for the exercise of a panel dentist – Objective for protecting the health of patients under the statutory health insurance consisting – Objective maintaining the financial balance of the statutory health insurance – Goal tending ensure opportunities for new generations to carry on business as dentist

Citations:

C-341/08, [2009] EUECJ C-341/08 – O

Links:

Bailii

Statutes:

Directive 2000/78/CE

Cited by:

Opinion – Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe ECJ 12-Jan-2010
ECJ Directive 2000/78/EC Articles 2(5) and 6(1) – Prohibition of discrimination on grounds of age – Provision of national law setting a maximum age of 68 for practice as a panel dentist – Aim pursued Measure . .
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 – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 04 August 2022; Ref: scu.374462

Wolf v Stadt Frankfurt am Main: ECJ 3 Sep 2009

ECJ (Preliminary Ruling) Directive 2000/78/EC – Prohibition of discrimination based on age limit of 30 years of age for recruitment into the technical service through Fire Objective Justification for establishing a balanced age structure to ensure the operation and the proper functioning of the fire brigade

Citations:

C-229/08, [2009] EUECJ C-229/08 – O

Links:

Bailii

Statutes:

Directive 2000/78/CE

Cited by:

Preliminary Ruling – Wolf v Stadt Frankfurt am Main ECJ 12-Jan-2010
ECJ Directive 2008/78/EC Article 4(1) Prohibition of discrimination on grounds of age National provision setting a maximum age of 30 years for the recruitment of officials to posts in the fire service Aim pursued . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 August 2022; Ref: scu.374464

Ashoka v OHMI: ECFI 2 Jul 2008

ECJ Community trade mark Application for Community word mark DREAM IT, DO IT! Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94

Judges:

M. Vilaras (Rapporteur), P

Citations:

T-186/07, [2008] EUECJ T-186/07, [2008] ETMR 70

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 7(1)(b)

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.374467

Scil Proteins v OHMI: ECFI 12 Nov 2008

ECJ Community trade mark Opposition proceedings Application for Community figurative mark affilene Earlier Community word mark AFFILIN Relative ground for refusal Likelihood of confusion Similarity between products Article 8(1)(b) of Regulation (EC) No 40/94.

Citations:

T-87/07, [2008] EUECJ T-87/07

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.374476

Stradivarius Espana v OHMI: ECFI 2 Jul 2008

ECJ Community trade mark opposition proceedings Application for Community figurative mark Stradivari 1715 – Earlier Community figurative marks Stradivarius Reason refusal Relative risk of confusion Article 8, paragraph 1 b) of Regulation (EC) No 40/94

Judges:

Mme ME Martins Ribeiro, P

Citations:

T-340/06, [2008] EUECJ T-340/06

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 04 August 2022; Ref: scu.374469

Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH: ECJ 3 Sep 2009

ECJ Environment And Consumers – French Text – Opinion – Admissibility of a preliminary ruling qualifying Relevance Subject to the decision to make joint offers Interpretation in accordance with Directive 2005/29/EC Directive Harmonising Consumer Protection Unfair Commercial Practices – National legislation laying down a prohibition in principle of commercial practices interpretation under which the participation of consumers in a contest or promotional game for the acquisition of a good or service

Citations:

C-304/08, [2009] EUECJ C-304/08 – O

Links:

Bailii

Statutes:

Directive 2005/29/CE

Cited by:

Opinion – Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH ECJ 14-Jan-2010
ECJ Directive 2005/29/EC – Unfair commercial practices – National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 04 August 2022; Ref: scu.374463