ECJ Directive 2001/23/CE – Article 1 – Transfer of undertaking or business – Safeguarding of employees’ rights – Scope.
C-232/04, [2006] EUECJ C-232/04, [2006] CEC 474, [2006] IRLR 305, [2006] 2 CMLR 7, [2005] ECR I-11237
Updated: 04 August 2022; Ref: scu.374482
Europa Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States Passports and travel documents Standards for security features and biometrics in passports and travel documents issued by Member States Application for annulment Validity of Regulation No 2252/2004 Closer cooperation Protocol integrating the Schengen acquis into the framework of the European Union Schengen acquis Cooperation by the United Kingdom Consent for cooperation not granted Infringement of essential procedural requirements.
C-137/05, [2007] EUECJ C-137/05
European
Updated: 04 August 2022; Ref: scu.258208
Europa Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European agency for the management of operational cooperation at the external borders of the Member States of the European Union European Agency for the management of operational cooperation at the external borders of the Member States of the European Union Application for annulment Validity of Regulation No 2007/2004 Closer cooperation Protocol integrating the Schengen acquis into the framework of the European Union Schengen acquis Cooperation by the United Kingdom Consent for cooperation not granted Infringement of essential procedural requirements.
C-77/05, [2007] EUECJ C-77/05
European
Updated: 04 August 2022; Ref: scu.258209
Europa Failure of a Member State to fulfil obligations Directives 85/337/EEC and 97/11/EC Assessment of the effects of certain projects on the environment Material change in the use of any buildings or other land Action inadmissible.
C-199/04, [2007] EUECJ C-199/04
European
Updated: 04 August 2022; Ref: scu.248888
Europa Failure of a Member State to fulfil obligations Fishing licences Regulation (EC) No 3690/93 Vessels Cleopatra and Ocean Quest Definitive transfer of those vessels to Argentina.
C-64/04, [2007] EUECJ C-64/04, [2006] EUECJ C-64/04
European
Updated: 04 August 2022; Ref: scu.251118
ECFI Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – Decision of the WTO Dispute Settlement Body – Legal effects – Community liability in the absence of unlawful conduct of its institutions – Causal link – Unusual and special damage.
T-383/00, [2005] EUECJ T-383/00
European
Updated: 04 August 2022; Ref: scu.236385
R-26/70, [1970] EUECJ R-26/70
European
Updated: 03 August 2022; Ref: scu.214114
(Judgment)
T-23/01, [2003] EUECJ T-23/01
European
Updated: 03 August 2022; Ref: scu.182139
T-113/00, [2002] EUECJ T-113/00
European
Updated: 03 August 2022; Ref: scu.177171
Europa The concept of ‘charge having equivalent effect’ under the agricultural regulations must be taken to have the same meaning as in articles 9 et seq . Of the treaty.
The prohibition of all customs duties and charges having equivalent effect covers any charge levied at the time or by reason of importation and which, specifically affecting the imported product and not the home-produced product, has the same restrictive effect on the free movement of goods as a customs duty.
Accordingly, a charge imposed exclusively on imported goods because they have been unloaded in home ports constitutes a ‘charge having equivalent effect’ and is prohibited.
Owing to its very nature and its place in the system of sources of community law, a regulation has immediate effect and, consequently, operates to confer rights on private parties which the national courts have a duty to protect.
The direct application of a regulation means that its entry into force and its application in favour of or against those subject to it are independent of any measure of reception into national law.
A legislative provision of national law reproducing the content of a directly applicable rule of community law can in no way affect direct applicability, or the court’ s jurisdiction under the treaty.
In the absence of valid provision to the contrary, repeal of a regulation does not mean abolition of the private rights it created.
A legislative provision of internal law cannot be set up against the direct application, in the legal order of member states, of regulations of the community and other provisions of community law without compromising the essential character of community rules and the fundamental principle that the community legal system is supreme.
This is particularly true as regards the date from which the community rule becomes operative and creates rights in favour of private parties.
The freedom of member states, without express authority, to vary the date on which a community rule comes into force is excluded by reason of the need to ensure uniform and simultaneous application of community law throughout the community.
C-34/73, R-34/73, [1973] EUECJ R-34/73, [1973] ECR 981
European
Cited – Sony Computer Entertainment Europe Ltd v Customs and Excise ChD 27-Jul-2005
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT.
Held: ‘The effect of the annulment of a . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.132274
(Rec 1994,p FP-IA-167,II-541)
T-98/92, [1994] EUECJ T-98/92
European
Updated: 03 August 2022; Ref: scu.172615
77/09, [2011] EUECJ 77/09
European
Updated: 03 August 2022; Ref: scu.428014
ECJ (Opinion) Public procurement – Review procedures concerning the award of public supply and public works – Provisional Measures – Damage and losses arising from breach of EU law – Criteria for the allocation of responsibilities and quantification of damage.
[2010] EUECJ C-568/08, C-568/08
European
Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.424157
ECJ Opinion – Directive 98/59/EC – Collective redundancies – Meaning – Termination of an employment contract following the death, retirement or incapacity of the employer.
Mengozzi AG
C-323/08, [2009] EUECJ C-323/08 – O
Opinion – Mayor and Others v The estate in abeyance of Rafael de las Heras Davila and Sagrario de las Heras Davila ECJ 10-Dec-2009
ECJ Reference for a preliminary ruling – Protection of workers – Collective redundancies – Directive 98/59/EC – Termination of contracts of employment as a result of the death of the employer . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.374270
FTTTx EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – no at the date of the original claims which are not valid claims, and yes on 20 March 2007 when the second claims were made — appeals allowed in principle
[2009] UKFTT 64 (TC)
England and Wales
Updated: 03 August 2022; Ref: scu.373618
Europa (Rec 1996,p FP-IA-629,II-1679) Officials – Refusal by the Commission to distribute through its internal messenger services communications to the staff from an independent trade union – Legal interest in bringing proceedings – Admissibility – Claims for damages – Subject-matter of the dispute – Summary of the pleas in law -Admissibility.
T-128/96, [1996] EUECJ T-128/96
European
Updated: 03 August 2022; Ref: scu.173255
A Local Authority may not rely upon an unimplemented EC directive to make a claim, since it was not an individual.
Times 07-Jan-1994
England and Wales
Appeal from – Wychavon District Council v Secretary of State for the Environment and Another CA 24-Oct-1994
The Secretary of State was entitled to a costs order whether or not matter of principle had arisen in the course of a planning appeal. . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.90636
The employers went into receivership in November 1983. A number of the employees were made redundant but the receiver hoped to carry on with the remaining workforce until February. However, a major customer threatened to withdraw its custom unless the undertaking had been sold as a going concern by 24 November. Negotiations for a sale could not be completed in the time available and on 28 November, the remaining workforce was dismissed with immediate effect at 11 am. They were, however, told to return at 2 p.m. when it was hoped that an agreement might be reached with the purchaser. At 2 p.m. the workforce were told to report for work the following morning when they were re-employed, being given fresh contracts of employment. The employees claimed redundancy payments. The Industrial Tribunal held that there had been no transfer of an undertaking within the meaning of Regulation 3 of TUPE and no continuity of employment. Alternatively the regulations did not apply because the workforce were not employed ‘immediately before the transfer’ within the meaning of Regulation 5(3). The Secretary of State appealed. The appeal was dismissed by the EAT.
Held: The SS appeal was again dismissed. Employees who are subject to a Continuation Order remain ex-employees, whose contracts have terminated, and there is no subsisting contract of employment upon which Regulation 5(1) can have any effect. The court construed the regulations with the EEC Directive. As the applicants’ contracts of employment did not subsist at the moment of transfer, they had been dismissed before the relevant transfer and were entitled to redundancy payments.
Lord Justice Balcombe said: ‘If a person is dismissed because of the transfer, either the impending transfer or one which has already taken place, then he is given specific rights under Regulation 8. Applying that construction of Regulation 5 to the facts of the present case, it is clear that the applicants were dismissed before the relevant transfer. Their contracts of employment were not existing at the moment of the transfer. There was nothing on which Regulation 5 could bite and accordingly the Secretary of State is liable for redundancy payments.’
Lord Justice Balcombe
[1986] ICR 651, [1987] QB 179
Transfer of Undertakings (Protection of Employment) Regulations 1981 5(1), EEC Directive No. 77/187
England and Wales
Cited – M Dowling v M E Ilic Haulage, Berkeley Logistics Ltd EAT 19-Feb-2004
EAT Procedural Issues – Employment Tribunal
EAT Trade Union Rights – Action short of dismissal
It had been found that the claimant had been dismissed for an . .
Cited – Lassman and Others v Secretary of State for Trade and Industry CA 19-Apr-2000
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further . .
Cited – Brook Lane Finance Co Ltd v Bradley EAT 1988
Popplewell J said: ‘We are however faced with what, at any rate, appear to be two conflicting Court of Appeal decisions. It is clear to us that ‘the time of transfer’ must be construed in the same way in relation to the Employment Protection . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 July 2022; Ref: scu.195720
The court considered the application for income support by the claimant, a Portuguese national, which involved reconciliation of two objectives: ‘One is to promote freedom of movement within the EU. The other is to preserve the principle that migration should not unreasonably burden the social security system of the destination country.’
The status of ‘worker’ within European law was lost when, at the end of her period of maternity leave, a mother decided not to return to work but to continue to care for her son, albeit that she might return to work in the future.
Waller VP, Hughes, Rimer LJJ
[2010] 1 CMLR 4, [2009] EWCA Civ 807
England and Wales
Updated: 30 July 2022; Ref: scu.371879
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life.
Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The parties agreed that the 2003 Act operated in a way which interfered with the subject’s human rights. The issue was whether it was disproportionate. The level of interference would vary, but for some it might be substantial. Since the system was designed to prevent further offending, if it continued to control people who were no longer a threat then the interference was disproportionate. It was a matter of principle that someone who considered that they no longer posed such a threat should have the right to have the need to register reviewed. This was moreso in the case of young offenders.
Any problems released by the numbers of applications for review would be avoided by Parliament introducing a sensible and proportionate mechanism for review of notification requirements: ‘The spectre of the floodgates can be set at rest by Parliament setting the threshold for review at a suitably high level both as regards the time when an application may first be made, the frequency with which applications may be made and what has to be proved if the notification requirements are to be varied or discharged.’
Dysin, Maurice Kay, Hooper LJJ
[2009] EWCA Civ 792, [2010] 1 All ER 1024, [2010] 1 WLR 76, [2009] HRLR 30, [2009] UKHRR 1417
Human Rights Act 1998 4, European Convention on Human Rights 8, Directive 2004/38/EC (OJ April 30, 2004 No L158/77) 4, Sexual Offences Act 2003 82(1)
England and Wales
Appeal from – F and Another, Regina (on the Application of) v Secretary of State for the Home Department QBD 19-Dec-2008
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law.
Held: A declaration of incompatibility was . .
Appeal From – F and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Cited – T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others CA 29-Jan-2013
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.361451
Opinion (Joined cases) – Air transport – Distinction between the notions of ‘delay’ and ‘cancellation’
Sharpston AG
C-402/07, [2009] EUECJ C-402/07 – O, C-432/07, [2009] EUECJ C-432/07
Opinion – Sturgeon and Others v Condor Flugdienst GmbH ECJ 19-Nov-2009
The claimants’ flights had been cancelled. In one case the passengers had been booked on an alternative flight which had been treated as a substitute for the original flight and the carriage had been performed under the original tickets. In the . .
Cited – Jet2Com Ltd v Huzar CA 11-Jun-2014
The claimant passenger complained that he had not been compensated as required when his flight was delayed. The airline now appealed against a decision that a mechanical fault in the aircraft did not amount to exceptional circumstances so as to . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.347538
ECJ Trade marks – International registration Protocol Relating to the Madrid Agreement – Regulation (EC) No 40/94 Article 146 – International registration and a Community trade mark having the same effects in the Community Regulation (EC) No 1383/2003 Article 5(4) Goods suspected of infringing a trade mark Customs action Proprietor of a Community trade mark Right to secure action also in Member States other than the Member State in which the application is lodged Extension to the holder of an international registration.
Bonichot P
C-302/08, [2009] EUECJ C-302/08
Regulation (EC) No 40/94, Regulation (EC) No 1383/2003 5(4)
Updated: 30 July 2022; Ref: scu.347541
Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates.
C-199/07, [2009] EUECJ C-199/07
European
See Also – Commission v Greece (Law Relating To Undertakings) ECJ 12-Nov-2009
ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria. . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.347518
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories of persons distinguished only by applying a prohibited classification.’
Sharpston AG
C-73/08, [2009] EUECJ C-73/08 – O, [2010] 3 CMLR 559
European
Applied – Schnorbus v Land Hessen ECJ 7-Dec-2000
ECJ Equal treatment for men and women – Rules on access to practical legal training in Land Hesse – Priority for applicants who have completed military or civilian service
Jacobs AG said: ‘The discrimination . .
Opinion – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 13-Apr-2010
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another . .
Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.347508
EAT EQUAL PAY ACT: Article 141/European law
EQUAL PAY ACT: Material factor defence and justification
The claimant contended that a system which rewarded pay in part by reference to length of service constituted a breach of the Equal Pay Act 1970. She accepted that the nature of the job was one where job performance would be likely to improve with experience for the first few years, but submitted that the employer was not justified in applying it over a ten year period. The employment tribunal agreed and considered that five years would have been the appropriate period. However, they held that the effect of the decision of the ECJ in Cadman v HSE [2006] ICR 1623 was that as long as the nature of the job was such that some differential based on length of service could be justified, the tribunal could not thereafter question the particular way in which the criterion was applied. Accordingly, since it was conceded that some link was justified, the appeal failed.
The EAT upheld the appeal and held that this was too restrictive a reading of the Cadman decision.
Observation on the effect of that decision and how tribunals should approach cases of this kind.
[2008] UKEAT 0050 – 08 – 1912, [2009] IRLR 282, [2009] ICR 498, [2009] 2 CMLR 8
England and Wales
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.279797
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law.
Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review.
Lord Justice Latham, Mr Justice Underhill and Mr Justice Flaux
[2008] EWHC 3170 (QB), [2009] 2 Cr App R (S) 325, [2009] ACD 24, [2009] 2 Cr App R (S) 47, [2009] Crim LR 305
Human Rights Act 1998 4, European Convention on Human Rights 8, Directive 2004/38/EC, Sex Offenders Act 2003 82
England and Wales
Appeal from – JF and Another, Regina (On the Application of) v Secretary of State for the Home Department CA 23-Jul-2009
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and . .
At first Instance – F and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.279948
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’
Held: ‘We have concluded that it was within the rational, proportionate and democratic competence of Parliament to make this enactment and that the court should not intervene. Our route to that conclusion has to pick its way through a mass of dense undergrowth cultivated by human rights and European legislation and jurisprudence. It is often hard to see the overgrown wood for the trees. We acknowledge that some of our intermediate judgments are more finely balanced than others, but that does not, in our view, apply to the main conclusion.’
May LJ, Moses J
[2006] EuLR 178, [2005] EWHC 1677 (Admin), Times 03-Aug-2005
England and Wales
Cited – Bruggeman and Scheuten v Federal Republic of Germany ECHR 12-Jul-1977
(Commission) The applicants complained at restrictions on the termination of unwanted pregnancies.
Held: Article 8(1) secures to the individual a sphere within which he can freely pursue the development and fulfilment of his personality. He . .
Cited – Regina on the Application of Jackson and others v HM Attorney General CA 16-Feb-2005
The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the . .
Cited – Peck v The United Kingdom ECHR 28-Jan-2003
peck_ukECHR2003
The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness . .
Cited – Amministrazione Delle Finanze Dello Stato v Simmenthal SpA (No 2) ECJ 9-Mar-1978
ECJ The Court of Justice considered a reference for a preliminary ruling, pursuant to article 1977 of the Treaty, as having been validly brought before it so long as the reference has not been withdrawn by the . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Marckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
Cited – Prebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Chassagnou and Others v France ECHR 29-Apr-1999
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically . .
Cited – Mark Smith v David Probyn, PGA European Tour Ltd QBD 25-Feb-2000
The claimant had served proceedings on a representative without first checking that they had authority to accept service. This was discovered too late, and applied for an extension of time for service. The application was refused. The requirement to . .
Cited – Halford v The United Kingdom ECHR 25-Jun-1997
halford_ukECHR1997
The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information . .
Cited – Bullock v United Kingdom ECHR 1996
The keeping of a pet does not fall within the sphere of the owner’s private or family life for the purposes of Article 8. . .
Cited – Sidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – G and E v Norway ECHR 3-Oct-1983
The court considered the protection to be given to native peoples such as the Saami of Northern Norway. . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Cited – Costello-Roberts v The United Kingdom ECHR 25-Mar-1993
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. . .
Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Appeal From – Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs CA 23-Jun-2006
The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act . .
At First Instance – Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.229153
R-47/82, [1982] EUECJ R-47/82
European
Updated: 28 July 2022; Ref: scu.215120
(Rec 2000,p I-6251) (Judgment)
C-276/97, [2000] EUECJ C-276/97
European
Updated: 28 July 2022; Ref: scu.162194
T-89/00, [2002] EUECJ T-89/00
European
Updated: 28 July 2022; Ref: scu.177170
Sir Geoffrey Vos, Chancellor of the High Court
[2019] EWHC 2115 (Ch)
European Communities Act 1972 2
England and Wales
Updated: 28 July 2022; Ref: scu.640617
(First Division, Inner House)
[2018] ScotCS CSIH – 62, 2018 SLT 959, [2019] 1 CMLR 23, 2018 GWD 30-373, 2019 SC 111
Scotland
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.634417
ECJ Order Of The Court – Article 99 of the Rules of Procedure – Directive 2003/4/EC – Validity – Public access to environmental information – Exception to the obligation to disclose environmental information where the disclosure compromises the ability of any person to receive a fair trial – Optional nature of that exception for Member States – Article 6 TEU – Second paragraph of Article 47 of the Charter
Safjan P
C-329/13, [2014] EUECJ C-329/13
European
Updated: 28 July 2022; Ref: scu.525528
ECJ Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Regulation (EEC) No 574/72 – Family benefits – Allowance for bringing up a family – ‘Elterngeld’ – ‘Kindergeld’ – Calculation of the supplementary allowance
T von Danwitz, P
C-347/12, [2014] EUECJ C-347/12
European
Updated: 28 July 2022; Ref: scu.525452
ECJ Opinion – Aids granted by States – Aid granted by a public undertaking in the form of a bank guarantee – – Decision taken by the director of the public company – Concept Ignorance of the statutory provisions of the public company
M. MELCHIOR Wathelet AG
C-242/13, [2014] EUECJ C-242/13
European
Updated: 28 July 2022; Ref: scu.525442
ECJ Public supply contracts – Directive 2004/18/EC – Award of a contract without initiating a tendering procedure – In-house award – Contractor legally separate from the contracting authority – Condition of ‘similar control’ – Contracting authority and contractor not linked by a relationship of control – Third party public authority exercising partial control over the contracting authority and control over the contractor which could be qualified as ‘similar’ – ‘Horizontal in-house transaction
E. Juhasz
C-15/13, [2014] EUECJ C-15/13
European
Updated: 28 July 2022; Ref: scu.525444
ECJ Public procurement – Water sector – Directive 92/13/EEC – Effective and rapid review procedures – Time-limits for bringing an action – Date from which time begins to run
T von Danwitz, P
C-161/13, [2014] EUECJ C-161/13
European
Updated: 28 July 2022; Ref: scu.525447
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equality and non-discrimination – Implementation of EU law – Scope of application of EU law – None – Lack of jurisdiction of the Court
A Tizzano
C-483/12, [2014] EUECJ C-483/12
European
Updated: 28 July 2022; Ref: scu.525448
ECFI Community trade mark – Invalidity proceedings – Community word mark Simca – Bad Faith – Article 52, paragraph 1 b) of Regulation (EC) No 207/2009
MM Dittrich P
T-327/12, [2014] EUECJ T-327/12
European
Updated: 28 July 2022; Ref: scu.525450
The claimant removal company sought payment of its fees after the defendant purported to cancel the arrangement for moving his goods. The defendant now appealed against rejection of his claim that the the contract was cancellable within the 2008 Regulations. The district judge said that the Regulations applied to a contract made only on one visit to the defendant’s home. On this occasion two visits had been involved. The Regulations applied to a contract made ‘(a) during a visit by the trader to the consumer’s home or place of work, or to the home of another individual’
Held: The appeal succeeded. The Regulations applied to a contract made at the consumer home irrespective of whether there had been earlier negotiations. The use of the indefinite article did not limit the contractual process to a single visit. Since the claimant had not given notice of the cancellation right, and the agreement unenforceable. However that also meant that the deposit was not repayable. This was so even though the claimant had visited only at the request of the defendant.
The 2008 Regulations went beyond the requirements of the Directive. Were they ultra vires? Before they had been brought in a clear policy decision was made to extend the protection, and the Regulations were enacted under the 2007 Act and were not dependent upon the terms of the Directive.
The fact that there had been earlier negotiations elsewhere did not work to disapply the 2008 Regulations where in fact the contract was concluded the consumer’s home. The remover was not able to recover the cancellation fee. However neither was the appellant able to recover the initial 1,000 pound deposit he had paid: ‘Since the claimant did not serve any written notice under paragraph 7 (2) of the 2008 Regulations, there was no cancellation period as defined in paragraph 2 (1) of the Regulations. It follows that the defendant was not entitled to cancel the contract under paragraph 7 (1). The effect of the 2008 Regulations is that the contract remained alive, but it was unenforceable as against the defendant.
It follows from this analysis that paragraph 10 (1) of the 2008 Regulations does not apply. Therefore the defendant has no right under the Regulations to recover the andpound;1,000 deposit which he paid.’
Jackson LJ adumbrated two possible interpretations of regulation 5(a). The first was that the regulation only applied where the contract was negotiated and concluded during a single visit to the consumer’s home. The second was that it applied if the consumer’s home was where the contract was concluded, whether or not earlier negotiations had taken place there. He concluded that the second of these was to be preferred.
Mummery, Jackson, Lewison LJJ
[2012] EWCA Civ 1794, [2013] WLR(D) 11, [2013] Bus LR 479
Council Directive 85/577/EEC, Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987, European Communities Act 1972, Consumers, Estate Agents and Redress Act 2007, Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008
England and Wales
Appeal from – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.469777
The court was asked whether the the appellant was a commercial agent of the defendant within the regulations, and so would be entitled to compensation on termination of the agency.
Longmore LJ said: ‘It does not follow that every agent acting on behalf of the principal is necessarily a ‘commercial agent . . ‘
Longmore LJ, Laws L, Lloyd L
[2009] EWCA Civ 700, [2009] CLC 1, [2009] 4 All ER 1253, [2010] 1 All ER (Comm) 104, [2009] ECC 30, [2009] 2 Lloyd’s Rep 303, [2009] Bus LR 1527
Commercial Agents (Council Directive) Regulations 1993 2(1)
England and Wales
Cited – Claramoda Ltd v Zoomphase Ltd (T/A Jenny Packham) ComC 13-Nov-2009
The former distribution agent sought to claim under the Regulations. The defendant said that the claim had not been notified as it should, within one year. The agency was for the sale of fashion items. Termination had been informal, stating that it . .
Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347424
EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that expression by the European Court of Justice in Foster v. British Gas Plc [1991] 2 AC 306.
Mummery J
[1994] UKEAT 905 – 93 – 0211, [1995] ICR 317
See Also – National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others EAT 25-Mar-1994
. .
Cited – SCA Packaging Ltd v Boyle (Northern Ireland) HL 1-Jul-2009
The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347330
EAT EQUAL PAY ACT: Article 141/European law
Since Slack a claim for equal access based on a stable employment relationship cannot be struck out, as being out of time, when the series of short term contracts of employment is succeeded by a permanent contract.
[2009] UKEAT 0138 – 09 – 1905
Cited – Slack and Others v Cumbria County Council and Another CA 3-Apr-2009
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347323
The Council challenged the respondent’s revision of the Area plan, saying that he had failed as required to conduct an environmental assessment.
Mitting J
[2009] EWHC 1280 (Admin), [2010] JPL 70
England and Wales
Updated: 28 July 2022; Ref: scu.347246
The appellant challenged the refusal of the grant to her of state pension credit.
Held: Her appeal failed.
Lord Clarke of Stone-cum-Ebony MR, Moses, Sullivan LJJ
[2009] 3 CMLR 36, [2010] PTSR 128, [2009] EWCA Civ 621, [2009] 4 All ER 738
Council Regulation (EC) 1408/71, State Pension Credit Act 2002
England and Wales
At CA – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347200
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation Age discrimination Determining the pay of contractual employees of the State Exclusion of professional experience acquired before the age of 18.
A Rosas P, Lindh Rap
C-88/08, [2009] EUECJ C-88/08, [2009] All ER (EC) 1129
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347133
ECJ Preliminary references – VAT Exemption for lettings of immovable property – Cleaning of common parts related to the letting – Ancillary supplies.
C-572/07, [2009] EUECJ C-572/07, [2009] STC 2006, [2009] STI 1886
Cited – Baxendale Ltd and Another v Revenue and Customs FTTTx 4-Jul-2013
FTTTx PROCEDURE – striking out of proceedings – whether appellants’ case had a reasonable prospect of succeeding – abuse of process – whether Court of Appeal decision in David Baxendale was per incuriam or . .
Cited – Baxendale Ltd and Another v Revenue and Customs FTTTx 4-Jul-2013
FTTTx PROCEDURE – striking out of proceedings – whether appellants’ case had a reasonable prospect of succeeding – abuse of process – whether Court of Appeal decision in David Baxendale was per incuriam or . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.347051
ECJ State aid – Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates – Decision declaring the aid incompatible with the common market Actions for annulment – Not individually concerned – Inadmissibility.
T-300/02, [2009] EUECJ T-300/02
Updated: 28 July 2022; Ref: scu.347032
ECJ State aid Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates Decision declaring the aid incompatible with the common market Actions for annulment Individual concern Admissibility Existing aid or new aid Article 87(3)(c) EC.
T-301/02, [2009] EUECJ T-301/02
Updated: 28 July 2022; Ref: scu.347031
ECJ (State Aid) – Action for annulment State aid – Regulation (EC) No 659/1999 Complaint by a competitor – Letters from the Commission to a complainant – Existing aid – Non-actionable measure – Inadmissibility.
T-152/06, [2009] EUECJ T-152/06
European
Updated: 28 July 2022; Ref: scu.347045
Europa Common foreign and security policy Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Freezing of funds Action for annulment Adaptation of heads of claim Fundamental rights Right to respect for property, right to be heard and right to effective judicial review.
N.J. Forwood
T-318/01, [2009] EUECJ T-318/01, [2009] All ER (EC) 873, [2009] ECR II-1627
Updated: 28 July 2022; Ref: scu.347047
(Freedom Of Establishment) Opinion – Failure of a Member State to fulfil obligations Article 226 EC Public procurement Directive 93/37/EEC Procedures for the award of public works contracts Trade fair organisations Lease entered into by a contracting authority governing premises after construction Use of the premises by a trade fair organisation Underlease entered into between the contracting authority and that trade fair organisation
Trstenjak AG
[2009] EUECJ C-536/07 – O, [2009] EUECJ C-536/07
European
Updated: 28 July 2022; Ref: scu.347034
Lord Keith
[1975] ScotCS CSOH – 3, 1975 SLT 134, 1975 SC 136, [1975] 1 CMLR 563
European Communities Act 1972 2(1)
Scotland
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.279490
Lewison J
[2007] EWHC 900 (Ch)
England and Wales
Updated: 28 July 2022; Ref: scu.263650
Tourists as recipients of services – Right to compensation following an assault.
R-186/87, [1989] EUECJ R-186/87, ECLI:EU:C:1989:47, [1989] ECR 195
European
Updated: 28 July 2022; Ref: scu.215667
(EEC Treaty) Economic activities carried out by members of religious communities – Freedom to provide services.
R-196/87, [1988] EUECJ R-196/87
European
Updated: 28 July 2022; Ref: scu.215657
(Approximation Of Laws ) Procedure for the award of public works contracts.
The provisions of the Directives were unconditional and sufficiently precise to be relied upon by persons before national courts, despite the absence of explicit enfrcement provisions.
C-31/87, R-31/87, [1988] EUECJ R-31/87, [1988] ECR I-4635, [1988] ECR I-4635
Council Directive 71/305/EEC, Council Directive 77/62/EEC
European
Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.215637
(Application For Annulment)
C-70/85, [1988] EUECJ C-70/85
European
Updated: 28 July 2022; Ref: scu.215561
Measures Adopted By Institutions
R-84/71, [1972] EUECJ R-84/71
European
Updated: 28 July 2022; Ref: scu.214163
(Order)
T-175/03, [2003] EUECJ T-175/03
European
Updated: 28 July 2022; Ref: scu.186952
(Rec 1996,p I-6543) (Judgment)
C-38/95, [1996] EUECJ C-38/95
European
Updated: 28 July 2022; Ref: scu.161513
T-349/00, [2001] EUECJ T-349/00
European
Updated: 28 July 2022; Ref: scu.173890
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input Tax. The sale of a car and the delivery to the taxpayer’s premises did not constitute two distinct supplies for VAT purposes. All the circumstances must be considered, and looking at the transaction as a matter of commercial reality there was a single contract for a delivered car, and it was artificial to split the various parts of the transaction into different supplies for VAT purposes. The service of delivering the car was incidental or ancillary to the supply of the car, and it was irrelevant that the taxpayer could have made a different arrangement for delivery of the car by a transporter or by collecting the car. (Lord Hope) ‘This seems to me to be a good example of a transaction which involves the supply of both goods and services, which the court had in mind when it referred in [the Card Case] to a service which did not constitute for customers ‘an aim in itself, but a means of better enjoying the principal service supplies.” Referring to Madgett, Lord Hope said the relationship between the supplies of travel services and accommodation must be disproportionate if the transaction was to be regarded as comprising one supply. ‘ . . no single factor will provide the sole test as to whether the supply in question is a distinct and independent supply or is incidental or ancillary to another principal supply.’
Lord Hope
Gazette 14-Jul-1999, Times 05-Jul-1999, [1999] UKHL 3, [1999] 1 WLR 1376, [1999] AC 1376
Value Added Tax (Input Tax) Order 1992 (1992 No 3222)
England and Wales
Cited – Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel) ECJ 22-Oct-1998
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of . .
Appeal from – Commissioners of Customs and Excise v British Telecommunications Plc CA 18-Mar-1998
The delivery of a quantity of cars is a separate supply from the purchases of the cars themselves and the VAT on the delivery charges is reclaimable as an input. . .
At first instance – Regina v Her Majesty’s Treasury ex parte British Telecommunications Plc Admn 14-Nov-1996
. .
Cited – Commissioners of Customs and Excise v Plantiflor Limited HL 25-Jul-2002
The company charged no VAT on its postage and packaging charged to mail order customers. The company had described it as an advance of the sums to be charged by Parcelforce.
Held: There was no separate contract between the end customer and . .
Cited – College of Estate Management v Commissioners of Customs and Excise ChD 13-Nov-2003
The college appealed a finding that the supply of course manuals to its students was part of its exempt rather than zero-rated supply.
Held: ‘Once it is decided that there is a single supply from an economic view which should not be . .
Cited – College of Estate Management v Commissioners of Customs and Excise CA 11-Aug-2004
When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT . .
Cited – Beynon and Partners v Customs and Excise HL 25-Nov-2004
The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical . .
Cited – College of Estate Management v Customs and Excise HL 20-Oct-2005
The college supplied educational services by distance learning. The commissioner sought to argue that printe daterials supplied with the course were ancillary and did not have the same exemption form VAT.
Held: The supplies did benefit from . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.158986
(Rec 1998,p FP-IA-371,II-1071)
T-42/97, [1998] EUECJ T-42/97
European
Updated: 28 July 2022; Ref: scu.173335
(Rec 2000,p I-6301) (Judgment)
[2000] EUECJ C-358/97
European
Updated: 28 July 2022; Ref: scu.162250
The claimant had tendered for a part in a major nuclear decommissioning project.
Lord Dyson MR, Tomlinson, Vos LJJ
[2015] EWCA Civ 1262, [2015] WLR (D) 528, 163 Con LR 27, [2016] PTSR 689
Public Contracts Regulations 2006
England and Wales
Appeal from – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .
Appeal from – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.557082
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry.
Edwards-Stuart J
[2015] EWHC 73 (TCC), [2015] PTSR 1106, [2015] WLR(D) 41
England and Wales
Appeal from – Energysolutions EU Ltd v Nuclear Decommissioning Authority CA 15-Dec-2015
The claimant had tendered for a part in a major nuclear decommissioning project. . .
See Also – Energysolutions EU Ltd v Nuclear Decommissioning Authority TCC 29-Jul-2016
Claim challenging the procurement of decommissioning contracts.
Held: CFP should have been disqualified from the competition for failing two threshold requirements, and, in any event, RSS would have won the competition had the NDA not made . .
At TCC (1) – Association Justice and Environment v Commission ECFI 23-Jan-2017
ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an infringement procedure opened by the Commission against the Czech Republic – Refusal of access – Exception concerning . .
At CA – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.542235
ECJ Advocate General’s Opinion – Taxation – VAT – Exemption of acquisitions of goods- Article 140 a) and b) of Directive 2006/112 / EC – Exemption of imports of goods – Article 143 a) of Directive 2006 / 112 / – Applicability of exemptions dentures whose supply is exempt pursuant to Article 132, paragraph 1, e) of Directive 2006/112 / EC – Deduction of input tax – Article 17, paragraph 2 a) as amended by Article 28f 1 of the Sixth Directive 77/388 / – Direct effect – Right to deduct input tax in case of transactions exempted by the law national in violation of EU law
Juliane Kokott AG
C-144/13, [2014] EUECJ C-144/13 – O, ECLI: EU: C: 2014, 2163
European
Opinion – VDP Dental Laboratory v Staatssecretaris van Financien ECJ 26-Feb-2015
Reference for a preliminary ruling – Value added tax – Deductions – Exemptions – Supplies of dental prostheses . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.536494
ECFI Judgment – (French Text) Appeal – Staff case – Temporary staff – Fixed-term contract – Decision not to renew – Jurisdiction of the Court of Public Service – Article 8, first paragraph, of the CEOS – Duty of care’
T-444/13, [2014] EUECJ T-444/13, ECLI: EU: T: 2014 865
European
Updated: 26 July 2022; Ref: scu.537526
ECFI Judgment – French Text – Rules concerning the expenses and allowances of Members of the European Parliament – Parliamentary assistance allowance – Recovery of overpayments
MM. S. Papasavvas (Rapporteur), P
T-479/13, [2014] EUECJ T-479/13, ECLI: EU: T: 2014 866
European
Updated: 26 July 2022; Ref: scu.537527
ECFI State aid – Financial sector – Aid designed to remedy a serious disturbance in the economy of a Member State – Capital injection with repayment or share conversion options conferred on the aid recipient – Amendment to the repayment terms during the administrative procedure – Decision declaring the aid compatible with the common market – Concept of State aid – Advantage – Private investor test – Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid.
Azxizi P
ECLI:EU:T:2012:98, [2012] EUECJ T-29/10
European
Updated: 26 July 2022; Ref: scu.452125
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make payments to LAML.
Held: The appeals failed.
Pill, Moore-Bick, Hughes LJJ
[2009] EWCA Civ 490, [2010] PTSR 349, [2010] BLGR 99
Public Contracts Regulations 2006
England and Wales
See Also – Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent Admn 22-Apr-2008
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .
Appeal from – Risk Management Partners Ltd v The London Borough of Brent Admn 16-May-2008
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .
Appeal from – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346799
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference in VAT treatment between similar (and apparently competing) products but also that the difference did as a matter of fact actually affect competition.
Norris J approved the result that the machines were not gaming machines: ‘The argument proceeded on the footing that the element of chance had to be provided by ‘the machine’ and the problem lay in identifying ‘the machine’. The ‘element of chance’ is the determining event which governs the outcome of the game being played on the machine which has the slot in it and which the player is playing. Where the determining event is a random number there is I think no difference in principle between a human being selecting a numbered ball, an electric ball shuffler (such as that used in the National Lottery) producing a numbered ball or a microprocessor emitting a stream of numbers. It is a question of fact in each case whether that determining event is produced by ‘the machine’, and fine distinctions might have to be drawn. In my judgment the principle by reference to which those judgments have to be made is whether the outcome of the game may sensibly be regarded as determined by an external event which the machine records or is produced by the machine itself. Like the tribunal I would hold that the random generation of a number in a separate unit which serves various player terminals (which may themselves be running different games) is properly regarded as an external event and not one produced by the machine that the player is playing. Like the tribunal I do not think it is possible to elaborate further.’
Norris J
[2009] EWHC 1244 (Ch), [2009] BVC 598, [2009] STC 2304, [2009] STI 1884
England and Wales
At VDT(1) – The Rank Group Plc v Revenue and Customs VDT 27-May-2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company . .
At VDT (2) – Rank Group Ltd v Revenue and Customs VDT 19-Aug-2008
VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal . .
At ChD – The Rank Group Plc v Revenue and Customs FTTTx 11-Dec-2009
FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] . .
At ChD – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At ChD – Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-259/10 ECJ 10-Nov-2011
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice . .
At ChD – HMRC v The Rank Group Plc UTTC 4-Oct-2012
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. . .
At ChD – HM Revenue and Customs v The Rank Group Plc CA 30-Oct-2013
The tax payer had sought repayment of sums of VAT charged to a particular form of gaming, saying that the rules infringed the principles of fiscal neutrality under European law. HMRC now appealed against a finding that the machines were exempt from . .
At ChD – Revenue and Customs v The Rank Group Plc SC 8-Jul-2015
The question raised by this appeal is whether, during the period 1 October 2002 to 5 December 2005, the takings on a particular category of gaming machines operated by the appellants were subject to VAT. The answer depends on whether the takings . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346759
Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment.
Held: The appeals succeeded. The reception directive applied to first time asylum applicants, but ‘The definition in article 2(c) referred to an application ‘in respect of which a final decision has not yet been taken’ and not to a person ‘in respect of whom a final decision has not yet been taken’.’ The opportunity for abuse if any arose only because of the defendant’s administrative backlog.
Lord Justice Laws, Lord Justice Keene and Lord Justice Hooper
[2009] EWCA Civ 442, Times 28-May-2009, [2009] WLR (D) 166, [2009] 1 WLR 2477
England and Wales
Appeal from – MM (Somalia) and ZO (Somalia), Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jun-2008
. .
Appeal from – DT (Eritrea) v Secretary of State for the Home Department Admn 11-Dec-2008
. .
Appeal from – ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 28-Jul-2010
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346797
To avoid a restriction unlawful under European law of a company’s freedom of establishment in the context of the profits of a foreign controlled company and that company’s right of freedom of establishment, the court could properly read into the 1988 Act an additional exception.
Sir Andrew Morritt, C quoted counsel in setting out the principles requiring domestic legislation, where appropriate, to accord with European legislation it was intended to implement, saying: ‘the obligation on the English courts to construe domestic legislation consistently with Community law obligations is both broad and far-reaching. In particular: (a) it is not constrained by conventional rules of construction . . (b) it does not require ambiguity in the legislative language . . ; c) it is not an exercise in semantics or linguistics . . ; (d) it permits departure from the strict and literal application of the words which the legislature has elected to use . . ; (e) it permits the implication of words necessary to comply with Community law obligations . . ; and (f) the precise form of the words to be implied does not matter . . ‘ and ‘The only constraints on the broad and far-reaching nature of the interpretative obligation are that: (a) the meaning should go with the grain of the legislation and be compatible with the underlying thrust of the legislation being construed . .’
Sir Andrew Morritt, Chancellor, Lord Justice Longmore and Lord Justice Goldring
[2009] EWCA Civ 446, [2009] BTC 273, [2010] Eu LR 110, [2010] Bus LR 96, [2010] 2 WLR 288, [2009] STI 1795, [2010] Ch 77, [2009] STC 1480
Income and Corporation Taxes Act 1988 748(1)(a)
England and Wales
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346307
ECJ Opinion – Industrial policy – Electronic communications – Networks and services – Obligation to negotiate interconnection in good faith – Definition of operator of public communications networks – Undertaking without significant market power – Interpretation of Articles 4(1), 5 and 8 of Directive 2002/19/EC of the European Parliament and of the Council – Powers of the national regulatory authorities
Ruiz-Jarabo Colomer J
C-192/08, [2009] EUECJ C-192/08 – O, [2009] ECR I-10717
Opinion – Teliasonera Finland ECJ 12-Nov-2009
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346201
ECFI Community trade mark – Community word mark AURELIA – Failure to pay renewal fee – Removal of trade mark from register on expiry of registration Application for restitutio in integrum.
T-136/08, [2009] EUECJ T-136/08
Updated: 26 July 2022; Ref: scu.346193
ECJ Legal expenses insurance Directive 87/344/EEC Article 4(1) Right of insured persons to choose their own lawyer Contractual limitation Multiple insured persons suffering loss as a result of the same event Selection of the legal representative by the insurer
Timmermans, P
[2010] 1 CMLR 5, [2010] Bus LR 1404, C-199/08, [2009] EUECJ C-199/08 – O
Cited – Brown-Quinn and Another v Equity Syndicate Management Ltd and Another CA 12-Dec-2012
The court was asked as to the requirement for a client to be given free choice of a lawyer in the context of legal expenses insurance. The various claimants insured by the defendants had sought to instruct solicitors not on the respondent’s approved . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346194
ECJ Opinion – Human Drugs – Concept advertising – Dissemination of information on a drug by an independent person – Freedom of Expression
Damaso Ruiz-Jarabo Colomer AG
C-421/07, [2008] EUECJ C-421/07 – O
European
Opinion – Anklagemyndigheden v Damgaard ECJ 2-Apr-2009
ECJ Medicinal products for human use Directive 2001/83/EC – Concept of ‘advertising’ – Dissemination of information about a medicinal product by a third party acting on his own initiative . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.277910
ECJ Community trade mark Opposition proceedings Application for Community figurative trade mark MEZZOPANE Earlier national word marks MEZZO and MEZZOMIX Article 8(1)(b) of Regulation (EC) No 40/94 No likelihood of confusion.
T-175/06, [2008] EUECJ T-175/06
European
Updated: 26 July 2022; Ref: scu.270307
ECJ Value added tax – Exemption of the management of special investment funds Concept of ‘special investment funds as defined by Member States’ discretion limits – Closed-ended investment funds.
[2007] ECR I-5517, [2007] EUECJ C-363/05
European
Reference – JP Morgan Fleming, Claverhouse Investment Trust Plc and Another v Revenue and Customs FTTTx 10-Sep-2005
Matter referred to European Court . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.249897
ECJ Sixth VAT Directive – Special scheme for travel agents and tour operators – Article 26(1) – Scope – Package comprising travel to the host State and/or the stay in that State and language tuition – Principal service and ancillary service – Definition – Directive 90/314/EEC on package travel, package holidays and package tours.
C-200/04, [2005] EUECJ C-200/04
European
Updated: 26 July 2022; Ref: scu.231084
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community obligation so long as it is not distinct, separate or divorced from it. The 1995 Regulations were valid.
Otton LJ said: ‘Section 2(2) read as a whole empowers [the Minister] to make provision by regulations: (a) for the purpose of implementing any Community obligation of the United Kingdom or enabling such any such obligation to be implemented, etc.; (b) for the purpose of dealing with matters arising out of or related to any such obligation, or rights, etc. These are very general and wide powers. Section 2(2)(b) is particularly widely drawn . . The first limb of section 2(4), properly construed, emphasises that delegated legislation under section 2(2) may repeal or amend Acts of Parliament (subject to the restrictions in Schedule 2 . . ). The Collective Redundancies Directive (75/129/EEC), read as a whole, provides for greater protection to be afforded to workers in the event of collective redundancies ‘while taking into account the need for balanced economic and social development within the Community’. Thus the Directive is not a measure which seeks to promote workers’ protection to the exclusion of all other considerations. It permits member states to strike an appropriate balance between the two goals. Article 5 recognises the right of member states to introduce legislation which is more favourable to workers, provided, on my interpretation, that such legislation is ‘related to’ the purpose of the Directive.’ and ‘The United Kingdom chose to provide more extended protection by the Employment Protection Act 1975, the amendments thereto, . . and the regulations under review. These were expressed to be ‘related to’ the Directive and Community obligations. . . . It is significant, in my view, that in the two cases which were considered by the Court of Justice in Commission of the European Communities v. United Kingdom (Cases C-382 and 383/92) [1994] I.C.R. 664 the Commission when making complaint did not aver that the measures themselves were not ‘related to’ the Directives. The Commission proceeded on the basis that the measures about which the complaint was made purported to be connected with and to implement the Directives but did so imperfectly. The Employment Protection Act 1975 was the first implementation of Directive (75/129/EEC). It did not follow that every subsequent implementation had to be by means of primary legislation. Thus I am satisfied that it was within the power of the Secretary of State, as a designated Minister, by subordinate legislation to amend the domestic primary legislation and to implement the Directive. Against that analysis I am satisfied that the applicants have not advanced a sound basis for limiting the scope of the phrase ‘relating to’ [sic] in section 2(2)(b) of the European Communities Act 1972. I reject the alternative meaning suggested by Mr Langstaff of ‘tangential or consequential’. This is not the language of the Directive or the United Kingdom legislation. I see no reason not to give the phrase ‘relating to’ or ‘related to’ any meaning other than its natural, everyday meaning. Thus I am satisfied that the obligation to consult a trade union in regard to one redundancy is related to a Community obligation, and not distinct, separate, or divorced from it.
Otton LJ, Newman J
[1996] ICR 1003
Directive 75/129/EEC, Employment Protection Act 1980, Trade Union and Labour Relations (Consolidation) Act 1992, Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995
England and Wales
Cited – Commission v United Kingdom (Judgment) ECJ 8-Jun-1994
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for . .
Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Discussed – Betts and others v Brintel Helicopters Ltd and KLM Era Helicopters (UK) Ltd CA 26-Mar-1997
There was no transfer of undertaking where only the employees and no other assets of the business had been transferred. . .
Distinguished – Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another Admn 25-Oct-2000
Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to . .
Cited – Oakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.222835
Appeal against dismissal of the Appellant’s appeal from the decision of the Commissioners of Customs and Excise to refuse to repay to the Appellant input tax on three new Aston Martin motor cars out of a batch of thirteen such cars purchased by the Appellant from a supplier in 1989 and 1990 upon which purchases he had paid Value Added Tax as an input.
The Hon Mr Justice Evans-Lombe
[2005] EWHC 232 (Ch), [2005] BTC 5215, [2005] STC 707, [2005] Eu LR 735, [2005] BVC 246
England and Wales
Appeal from – Fleming (T/A Bodycraft) v Customs and Excise VDT 23-Apr-2004
VDT INPUT TAX – whether claim made in 2000 for input tax for 1989 and 1990 for which no tax invoice was issued was part of a claim made in 1993 – no – whether the 2000 claim was prevented by the 3 year cap . .
Appeal from – Fleming (T/A Bodycraft) v Revenue and Customs CA 15-Feb-2006
The claimant sought repayment of VAT. The commissioners responded that there ws a three year cut off for reclaims.
Held: The introduction of the three year limit with no transitional provisions was in breach of Community law. . .
At ChD – Fleming (T/A Bodycraft) v Revenue and Customs HL 23-Jan-2008
The transitional rules introducing time limits for failing to deduct VAT inputs made insufficient allowance for the decisions in Marks and Spencer and Grundig.
Held: Lord Hope said: ‘To be compatible with EU law, taxpayers were entitled to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.223287
ECJ It would be incompatible with the binding effect which article 189 of the EEC treaty ascribes to directives to exclude in principle the possibility of the obligation imposed by it being relied upon by persons concerned. Particularly in cases in which the community authorities have, by means of a directive, placed member states under a duty to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it in proceedings before a court and national courts were prevented from taking it into consideration as an element of community law. Consequently, a member state which has not adopted the implementing measures required by the directive within the prescribed period may not plead, as against individuals, its own failure to perform the obligations which the directive entails. Thus, wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive or in so far as the provisions define rights which individuals are able to assert against the state.
Whilst the sixth council directive 77/388 on the harmonization of the laws of the member states relating to turnover taxes undoubtedly confers upon the member states varying degrees of discretion as regards implementing certain of its provisions, individuals may not for that reason be denied the right to rely on any provisions which owing to their particular subject-matter are capable of being severed from the general body of provisions and applied separately. This minimum guarantee for persons adversely affected by the failure to implement the directive is a consequence of the binding nature of the obligation imposed on the member states by the third paragraph of article 189 of the eec treaty. That obligation would be rendered totally ineffectual if the member states were permitted to annul, as the result of their inactivity, even those effects which certain provisions of a directive are capable of producing by virtue of their subject-matter.
Article 13 c of directive 77/388 does not in any way confer upon the member states the right to place conditions on or to restrict in any manner whatsoever the exemptions provided for by part b. It merely reserves the right to the member states to allow, to a greater or lesser degree, persons entitled to those exemptions to opt for taxation themselves, if they consider that it is in their interest to do so.
The scheme of directive 77/388 is such that on the one hand, by availing themselves of an exemption, persons entitled thereto necessarily waive the right to claim a deduction in respect of input tax and on the other hand, having been exempted from the tax, they are unable to pass on any charge whatsoever to the person following them in the chain of supply, with the result that the rights of third parties in principle cannot be affected.
As from 1 january 1979 it was possible for the provision concerning the exemption from turnover tax of transactions consisting of the negotiation of credit contained in article 13b(d) 1 of directive 77/388 to be relied upon, in the absence of the implementation of that directive, by a credit negotiator where he had refrained from passing that tax on to persons following him in the chain of supply, and the state could not claim, as against him, that it had failed to implement the directive.
C-8/81, R-8/81, [1982] EUECJ R-8/81, [1982] ECR 53, [1982] 1 CMLR 499
European
Cited – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Cited – Doughty v Rolls Royce Plc CA 19-Dec-1991
The claimants sought to assert their rights under the Equal Treatment Directive, whoch had not been implemented. She had been made to retire at 60, but said that had she been a man she would not have had to retire until she reached 65 years old. She . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.215034
ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites
C-217/02, [2004] EUECJ C-217/02
European
Updated: 26 July 2022; Ref: scu.213795
(Preliminary Rulings )
R-43/71, [1971] EUECJ R-43/71
European
Updated: 26 July 2022; Ref: scu.214154
(Judgment) APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ 2000 L 203, p. 1), or, in any event, by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that Directive,
C-375/03, [2004] EUECJ C-375/03
European
Updated: 26 July 2022; Ref: scu.195738
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation on the seller or supplier to provide a guarantee.
The Court considered the role of the ECJ and of the national court in relation to the determination as to whether a particular term was unfair. It stated that the issue of unfairness turned on all the facts and was for the national court. Directive 93/13/EEC of 5 April 1993 on unfair terms and consumer contracts, which the Regulations implement, applies to contracts in respect of land.
C-237/02, [2004] EUECJ C-237/02, [2004] ECR I-3403, [2004] 2 CMLR 13
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
European
Cited – Office of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
Cited – Peabody Trust v Reeve ChD 2-Jun-2008
The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a . .
Cited – Office of Fair Trading (OFT) v Abbey National Plc and Others SC 25-Nov-2009
The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.195731
ECJ Judgment – Sixth VAT Directive – Article 26a – Special arrangements applicable to second-hand goods – The term ‘second-hand goods’ – Horse sold on after training
C-320/02, [2004] EUECJ C-320/02, [2006] BVC 82, [2004] STI 989, [2004] ECR I-3509, [2004] CEC 248, [2006] BTC 5013, [2004] 2 CMLR 56, [2004] STC 1041, [2004] All ER (EC) 870
European
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.195734
(Judgment) Failure of a Member State to fulfil obligations – Failure to implement Directive 98/30/EC
[2004] EUECJ C-64/03
European
Updated: 26 July 2022; Ref: scu.195736
Europa Failure of a Member State to fulfil obligations – Construction contrary to Community law of national legislation by case-law and administrative practice – Conditions for the recovery of sums paid though not due.
[2006] 2 CMLR 1, [2003] EUECJ C-129/00, [2003] ECR I-14637
European
Updated: 26 July 2022; Ref: scu.189876
ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in minute detail all aspects of current and future waste disposal management, including sites.’ Management plans may not be determinative: ‘ . . management plans cannot in all cases be the only factor which determines the exact location of waste disposal sites, inasmuch as the final decision concerning location in some circumstances depends on the relevant rules relating to land-use planning and, in particular, the consultation and decision-making procedures implemented pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment . . as amended . . ‘
Advocate General Mishko
C-53/02, [2004] EUECJ C-53/02
Directive 75/442/EEC, Directive 91/156/EEC
European
Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.195725
ECJ (Judgment) Failure of a Member State to fulfil obligations – State aid – Second paragraph of Article 88(2) EC – Aids incompatible with the common market – Obligation to recover – Absolute impossibility of implementation
[2004] ECR I-9761, [2004] EUECJ C-99/02
European
Updated: 26 July 2022; Ref: scu.195727
(Order) Declining of jurisdiction.
T-140/03, [2003] EUECJ T-140/03
European
Updated: 26 July 2022; Ref: scu.186950