Category: European

Regina v H M Treasury ex parte British Telecommunications Plc: ECJ 1994

Citations:

[1994] 1 CMLR 621, C-392/93, [1996] EC 411

Jurisdiction:

European

Cited by:

Applied – Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited Admn 23-Dec-1997
The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 26 July 2022; Ref: scu.183036

Pezzullo Molini Pastifici Mangimifici v Ministero delle Finanze: ECJ 8 Feb 1996

1. Directive 69/73 on inward processing arrangements allowed a Member State to provide that, in the case of release for home use in the Community of goods previously subject to inward processing arrangements, the agricultural levy payable is to bear default interest for the period between temporary importation and definitive importation.
2. The Sixth Directive, Council Directive 77/388, precludes a Member State from requiring default interest to be charged on the VAT payable in the event of declaration for home use in the Community of goods which were earlier subject to inward processing arrangements for the period between temporary importation and definitive importation.
That possibility is excluded by the fourth subparagraph of Article 10(3) of the directive, which applies to inward processing arrangements and provides that the tax is to become chargeable only when the goods cease to be subject to those arrangements and are declared for home use.

Citations:

C-166/94, [1996] EUECJ C-166/94

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 25 July 2022; Ref: scu.161374

Norbrook Laboratories v Ministry of Agriculture, Fisheries and Food: ECJ 2 Apr 1998

ECJ Directives 81/851/EEC and 81/852/EEC – Veterinary medicinal products – Marketing authorisation

Judges:

C. Gulmann, P

Citations:

[1998] ECR I-1531, [1998] EUECJ C-127/95

Links:

Bailii

Statutes:

Directive 81/852/EEC, Directives81/851/EEC

Jurisdiction:

European

Citing:

reference from – Norbrook Laboratories (Gb) Limited v Health and Safety Executive Admn 3-Feb-1998
Justices who were considering making use of their own local knowledge in making a decision must allow both representatives to know of this intention and to comment. . .

Cited by:

Referred to – Norbrook Laboratories (Gb) Limited v Health and Safety Executive Admn 3-Feb-1998
Justices who were considering making use of their own local knowledge in making a decision must allow both representatives to know of this intention and to comment. . .
Cited – Matra Communication SAS v Home Office CA 25-Feb-1999
In the absence of comparable situations, a member state is entitled to choose the time limits within which a public service contract is to be challenged, provided only that it did not make it impossible to challenge and there was no prejudice . .
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.

European

Updated: 25 July 2022; Ref: scu.161571

Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined trend in the case-law, in order to establish whether a particular clause is anti-competitive in intent, for the purposes of Article 85(1), it is necessary to look at its function in the context of the contractual relationship of which it forms part. Against that background, the Court normally concludes that no anti-competitive object is contained in clauses which are found in the abstract to be necessary to ensure that a contract, which is not itself harmful to competition can fully discharge the legal and economic function which it pursues.’

Citations:

[1994] ECR 5641

Statutes:

EC Treaty 85(1)

Jurisdiction:

European

Cited by:

Cited – Oakdale (Richmond) Limited v National Westminster Bank Plc CA 6-Aug-1996
The plaintiff sought to have the bank’s form of debenture deemed anti-competitive under the treaty and void.
Held: The bank’s security finished when the sums due were repaid. It was not a clog on the equity of redemption. A provision against . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 25 July 2022; Ref: scu.180626

Jochen Schweizer v EUIPO (Du Bist, Was Du Erlebst): ECFI 31 May 2016

(Judgment) Mark of the European Union – Application for verbal mark of the European Union Du bist, was du erlebst. – Absolute grounds for refusal – Trade mark consisting of an advertising slogan – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 ‘

Citations:

T-301/15, [2016] EUECJ T-301/15, ECLI:EU:T:2016:324

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564885

Reha Training v GEMA eV: ECJ 31 May 2016

ECJ (Judgment) Preliminary reference – Intellectual property – Copyright and related rights – Directive 2001/29 / EC – Article 3, paragraph 1 – Directive 2006/115 / EC – Article 8, paragraph 2 – Concept of ‘communication to the public’ – Installation of television sets by the operator of a rehabilitation center in order to allow patients to watch television programs

Citations:

C-117/15, [2016] EUECJ C-117/15, ECLI:EU:C:2016:379

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564893

Volkswagen Financial Services (UK) Ltd v Revenue and Customs: SC 5 Apr 2017

The court considered the VAT treatment general business overheads of a vehicle financing company, and in particular the ‘partial exemption special method’ (‘PESM’) agreed with HMRC for the valuation of the proportion of residual input tax attributable to HP transactions, and whether any of the residual input tax paid by VWFS in respect of such general overheads (so far as apportioned to the retail sector) is deductible against the output tax paid on the taxable supply of vehicles to customers.
Held: A reference was necessary to refer the matter to the European Court of Justice.

Judges:

Lord Neuberger, President, Lord Kerr, Lord Reed, Lord Carnwath, Lord Gill

Citations:

[2017] UKSC 26, [2017] STI 1039, [2017] STC 824, [2017] BVC 15, UKSC 2015/0224

Links:

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

Jurisdiction:

England and Wales

Citing:

At FTTTx – Volkswagen Financial Services (UK) Ltd v Revenue and Customs FTTTx 18-Aug-2011
VAT – partial exemption special method – hire purchase transactions – taxable supplies of goods and exempt supplies of credit – whether a methodology attributing part of residual input tax to taxable supplies of goods is fair and reasonable – . .
At UTTC – HM Revenue and Customs v Volkswagen Financial Services (UK) Ltd UTTC 12-Nov-2012
UTTC VAT – partial exemption special method – hire purchase transactions – taxable supplies of motor vehicles and exempt supplies of credit – whether residual cost inputs have a direct and immediate link with and . .
Appeal from – Volkswagen Financial Services (UK) Ltd v HM Revenue and Customs CA 28-Jul-2015
The parties disputed the recoverability of VAT on the general expenses of the appellant which operated a car financing company. In particular: ‘whether any of the residual input tax paid by VWFS in respect of the general overheads of the business is . .
Cited – Pegasus Birds Ltd v Commissioners of HM Customs and Excise CA 27-Jul-2004
The taxpayer complained that the assessment imposed by the Commissioners was wholly unreasonable, and void. The tribunal had found the assessment wholly unreasonable, but the High Court had allowed the Commissioners’ appeal.
Held: There was no . .
Cited – Banbury Visionplus Ltd v HM Revenue and Customs ChD 9-May-2006
Appeal against termination of special exemption method.
Held: The taxpayer’s appeal was dismissed. The VAT tribunal’s jurisdiction was unlimited. No limitation was implied by the wording of the section. The tribunal’s discretion had only to be . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 25 July 2022; Ref: scu.581353

Warimex v EUIPO (Stone): ECFI 31 May 2016

ECJ (Judgment) Mark of the European Union – Application for figurative mark of the European Union STONE – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

Citations:

T-454/14, [2016] EUECJ T-454/14, ECLI:EU:T:2016:325

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.564899

Cervati And Malvino v Agenzia delle Dogane: ECJ 14 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 565/2002 – Article 3(3) – Tariff quota – Garlic of Argentinian origin – Import licences – Non-transferability of rights deriving from import licences – Circumvention – Abuse of rights – Conditions – Regulation (EC, Euratom) No 2988/95 – Article 4(3)

Citations:

C-131/14, [2016] EUECJ C-131/14, ECLI:EU:C:2016:255

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 25 July 2022; Ref: scu.562065

Netherlands Maritime Technology Association v Commission: ECJ 14 Apr 2016

ECJ (Judgment) Appeal – State aid – Spanish scheme of early depreciation of certain assets acquired through financial leasing – Decision finding no State aid – Formal investigation procedure not initiated – Insufficient and incomplete examination – Obligation to state reasons – Selectivity

Citations:

C-100/15, [2016] EUECJ C-100/15, ECLI:EU:C:2016:254

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.562069

Polkomtel sp. z o.o. v Prezes Urzedu Komunikacji Elektronicznej: ECJ 14 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22/EC – Article 28 – Non-geographic numbers – Access by end-users residing in the Member State for operators to services using non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers and responsibilities of the national regulatory authorities with regard to access and interconnection – Imposition, amendment or withdrawal of obligations – Imposition of obligations on undertakings that control access to end-users – Price control – Undertaking not having significant market power on the market – Directive 2002/21/EC – Resolution of disputes between undertakings – Decision of the national regulatory authority laying down the conditions of cooperation and the pricing procedures for services between undertakings

Citations:

C-397/14, [2016] EUECJ C-397/14, ECLI:EU:C:2016:256

Links:

Bailii

Statutes:

Directive 2002/22/EC, Directive 2002/19/EC

Jurisdiction:

European

Utilities

Updated: 25 July 2022; Ref: scu.562070

Ben Ali v Council: ECFI 14 Apr 2016

ECJ (Judgment) Common Foreign and Security Policy – Restrictive measures against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Legal basis – applicant’s name registration based on a new motivation as a result of cancellation earlier fund-freezing measures – Obligation to state reasons – Right to property – Proportionality – Error of fact – Rights of the defense – Right to effective judicial protection – Misuse of powers – Right to life – Right to respect for family life – non-contractual liability

Citations:

T-200/14, [2016] EUECJ T-200/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.562064

Volkswagen Financial Services (UK) Ltd v HM Revenue and Customs: CA 28 Jul 2015

The parties disputed the recoverability of VAT on the general expenses of the appellant which operated a car financing company. In particular: ‘whether any of the residual input tax paid by VWFS in respect of the general overheads of the business is deductible against the output tax paid on the taxable supply of vehicles to customers. In short, HMRC contend that the correct tax treatment of the residual input tax on overheads in this case is that the overheads are all attributable to the exempt supplies of finance and the input tax is therefore irrecoverable.’
Held: The input tax was recoverable.
Patten LJ explained: ‘The First-tier Tribunal proceeded on the basis that the only dispute about methodology was whether any part of the residual input tax was attributable to and could be set-off against the taxable supplies of vehicles made in the retail sector of VWFS’s business. But HMRC contend that they did challenge the apportionment formula contained in the proposed PESM on wider grounds and that a lower figure than 50% should be attributed to the taxable supplies of vehicles as part of the hire purchase contracts in terms of the use made of the allocated inputs.’

Judges:

Patten, Sharp, King LJJ

Citations:

[2015] EWCA Civ 832, [2015] STI 2533, [2016] STC 417, [2015] BVC 32

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At FTTTx – Volkswagen Financial Services (UK) Ltd v Revenue and Customs FTTTx 18-Aug-2011
VAT – partial exemption special method – hire purchase transactions – taxable supplies of goods and exempt supplies of credit – whether a methodology attributing part of residual input tax to taxable supplies of goods is fair and reasonable – . .
Appeal from – HM Revenue and Customs v Volkswagen Financial Services (UK) Ltd UTTC 12-Nov-2012
UTTC VAT – partial exemption special method – hire purchase transactions – taxable supplies of motor vehicles and exempt supplies of credit – whether residual cost inputs have a direct and immediate link with and . .

Cited by:

Appeal from – Volkswagen Financial Services (UK) Ltd v Revenue and Customs SC 5-Apr-2017
The court considered the VAT treatment general business overheads of a vehicle financing company, and in particular the ‘partial exemption special method’ (‘PESM’) agreed with HMRC for the valuation of the proportion of residual input tax . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 25 July 2022; Ref: scu.550647

European Commission v Republic of Poland: ECJ 6 May 2010

ECJ (Judgment Of The Court (Seventh Chamber)) 1. Member States – Obligations – Failure to fulfil obligations – Justification (Art. 226 EC)
2. Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion (Art. 226 EC)
3. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC)
4. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC)
5. Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Taxable amount – Deduction of input tax – Obligations of persons liable for payment of the tax (Council Directive 2006/112, Arts 73, 168 and 273)

Citations:

C-311/09, [2010] EUECJ C-311/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.535381

Boudjlida v Prefect of the Pyrenees-Atlantiques: ECJ 25 Jun 2014

ECJ Advocate General’s Opinion – Area of freedom, security and justice – Directive 2008/115/EC – Return of third-country nationals residing – Procedure for the adoption of a decision to return – Principle of respect for the rights of the defense – Right be heard before a decision is likely to affect the interests of a third country illegally – Content of the rights of defense and the right to be heard – Right to express a point of view with sufficient time for reflection – Benefit of using a board – Restrictions on the right to be heard

Judges:

M Wathelet AG

Citations:

C-249/13, [2014] EUECJ C-249/13 – O, [2014] EUECJ C-249/13

Links:

Bailii, Bailii

Statutes:

Directive 2008/115/EC

Jurisdiction:

European

Immigration

Updated: 25 July 2022; Ref: scu.533722

Commission v Portugal: ECJ 25 Jun 2014

ECJ (Judgment Of The Court) Failure to fulfill obligations – Directive 2002/22/EC – Electronic communications – Networks and services – Designation of undertakings responsible for universal service obligations – Incorrect transposition – Judgment of the Court establishing such failure – Non-compliance – Article 260, paragraph 2, TFEU ??- Financial penalties – Penalty payment – Lump Sum

Citations:

C-76/13, [2014] EUECJ C-76/13

Links:

Bailii

Statutes:

Directive 2002/22/EC

Jurisdiction:

European

Utilities

Updated: 25 July 2022; Ref: scu.527235

Alstom v European Commission, National Grid Electricity Transmission Plc: ECFI 29 Nov 2012

ECFI Interim relief – Competition – Commission decision to transmit documents to a national court – Confidentiality – Right to effective judicial protection – Application for interim measures – Prima facie case – Urgency – Weighing up of interests

Citations:

T-164/12, [2012] EUECJ T-164/12

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.467075

Hrbek v OHIM – Blacks Outdoor Retail Ltd: ECJ 29 Nov 2012

ECJ Appeals – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Relative ground for refusal – Likelihood of confusion – Figurative mark – Opposition by the proprietor of an earlier trade mark – Appeal clearly inadmissible and clearly unfounded

Judges:

U. Lohmus, A P

Citations:

C-42/12, [2012] EUECJ C-42/12

Links:

Bailii

Statutes:

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

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.467079

Kenny v Minister For Justice, Equality And Law Reform: ECJ 29 Nov 2012

ECJ Equal pay – Discrimination on grounds of sex – Directive 75/117/EEC – Indirect discrimination – Objective justification – Collective bargaining

Judges:

AG Cruz Villalon

Citations:

C-427/11, [2012] EUECJ C-427/11, [2013] EUECJ C-427/11

Links:

Bailii, Bailii

Statutes:

Directive 75/117/EEC

Jurisdiction:

European

Discrimination

Updated: 25 July 2022; Ref: scu.466424

Adamowski v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 29 Nov 2012

ECFI Community trade mark – Invalidity proceedings – Community word mark Fagumit and Community figurative mark FAGUMIT – Earlier national figurative mark FAGUMIT – Relative ground for invalidity – Article 8(3) and Article 165(4)(b) of Regulation (EC) No 207/2009

Judges:

NJ Forwood R

Citations:

T-537/10, [2012] EUECJ T-537/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

European, Intellectual Property

Updated: 25 July 2022; Ref: scu.466422

Asa v OHMI – Merck (Femiferal): ECFI 22 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark FEMIFERAL – Earlier national Feminatal earlier word and figurative mark feminatal – Relative ground for refusal of signs-Similarity – Likelihood of confusion – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009

Citations:

T-110/11, [2012] EUECJ T-110/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.459662

Nordmilch v OHMI – Lactimilk (Milram): ECFI 22 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark MILRAM – Earlier national figurative and verbal previous RAM – Relative ground for refusal – Similarity of goods and signs – Likelihood of confusion – Article 8, paragraph 1, sub b), Regulation (EC) No 207/2009

Citations:

T-546/10, [2012] EUECJ T-546/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 25 July 2022; Ref: scu.459669

NIJS v Court Of Auditors: ECFI 15 May 2012

ECFI Appeal – Staff case – Officials – Disciplinary measures – Disciplinary proceedings – Revocation with maintained rights to retirement pension – Articles 22a and 22b status – Required accuracy of the appeal – New plea – Effective judicial protection – Article 47 of the Charter of Fundamental Rights – No obligation to take judicial notice of a plea of ??breach of reasonable time

Judges:

Jaeger P

Citations:

T-184/11, [2012] EUECJ T-184/11 – P

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.459579

Aceaelectrabel Produzione SpA v Commission (State Aid): ECJ 16 Dec 2010

ECJ Appeal – State aid – Aid declared compatible with the common market – Condition requiring prior repayment by the beneficiary of earlier aid declared unlawful – Concept of ‘economic unit’ – Joint control by two separate parent companies – Distortion of the pleas in law relied on in the application – Errors and defective reasoning.

Citations:

C-480/09, [2010] EUECJ C-480/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 July 2022; Ref: scu.427312

Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la Concepcion; Maria del Rosario Vecino Uribe: ECJ 6 May 2010

ECJ Opinion – Transfers of undertakings – Safeguarding of employees’ rights – Employee representatives – Autonomy of the entity transferred.

Judges:

Sharpston AG

Citations:

C-151/09, [2010] EUECJ C-151/09 – O

Links:

Bailii

Statutes:

Directive 2001/23/EC

Jurisdiction:

European

Cited by:

Opinion – Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la Concepcion; Maria del Rosario Vecino Uribe ECJ 29-Jul-2010
ECJ Transfers of undertakings – Directive 2001/23/EC – Safeguarding of employees’ rights – Employee representatives – Autonomy of the entity transferred . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 25 July 2022; Ref: scu.410790

Ole Andersen: ECJ 6 May 2010

Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination based on age – Distinction between direct discrimination and indirect discrimination – Severance pay-Refusal to recognize the right to claim payments redundancy in case of existence of a right to an old age pension – Justification-Employment policy – Easing the transition to a new working relationship – financial loss in case of early retirement (‘lower bound under the retirement early ‘)

Citations:

C-499/08, [2010] EUECJ C-499/08

Links:

Bailii

Statutes:

Directive 2000/78/EC

Jurisdiction:

European

Cited by:

See Also – Ingeniorforeningen i Danmark v Region Syddanmark ECJ 12-Oct-2010
ECJ Grand Chamber – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Non-payment of a severance allowance to workers who are entitled to an . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 25 July 2022; Ref: scu.416411

Uwe Ruffler v Dyrektor Izby Skarbowej we Wroclawiu Osrodek Zamiejscowy w Walbrzychu (Free Movement Of Persons): ECJ 23 Apr 2009

ECJ Article 18 EC – Income tax legislation – Reduction of income tax by the amount of health insurance contributions paid in the Member State of taxation – Refusal of reduction by the amount of contributions paid in other Member States.

Citations:

C-544/07, [2009] EUECJ C-544/07

Links:

Bailii

European, Income Tax

Updated: 24 July 2022; Ref: scu.342047

Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna: ECJ 7 May 2009

ECJ Regulation (EEC) No 2081/92 Directive 2000/13/EC – Name of a food product evocative of a place not registered as a protected designation of origin or protected geographical indication – Uninterrupted use in good faith since before the entry into force of Regulation (EEC) No 2081/92.

Citations:

C-446/07, [2009] EUECJ C-446/07 – O

Links:

Bailii

Statutes:

Regulation (EEC) No 2081/92, Directive 2000/13/EC

Cited by:

Cited – O’Byrne v Aventis Pasteur Sa SC 26-May-2010
The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 . .
Opinion – Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna ECJ 10-Sep-2009
ECJ Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Labelling likely to mislead the purchaser as to the origin or provenance of the foodstuff – Generic names . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 24 July 2022; Ref: scu.342058

Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009

ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of consumer protection measures in the absence of provision of information nullity relative and absolute nullity of the contract – Recognition ex officio
The Court considered the centrality of the right of cancellation to the Directive: ‘ the directive ensures consumer protection by granting, first of all, a right of cancellation to the consumer. Such a right seeks specifically to offset the disadvantage, for the consumer, of sales which take place away from business premises, to enable him over a period of at least seven days to assess the obligations arising under the contract
In order to strengthen consumer protection in situations where consumers find themselves caught unawares, art 4 of the Directive also requires traders to give consumers written notice of their right to cancel the contract and the conditions for and means of exercising such a right.
Lastly, it is apparent from art 5(1) of the Directive that the minimum period of seven days must be calculated from the date of receipt of that notice from the trader. That provision is explained, as the Court has previously indicated, by the fact that if the consumer is not aware of the existence of the right of cancellation, he will not be able to exercise that right
In other words, the system of protection established by the Directive assumes not only that the consumer, as the weaker party, has the right to cancel the contract, but also that he is made aware of his rights by being specifically informed of them in writing.
It must therefore be held that the obligation to give notice of the right of cancellation laid down in art.4 of the Directive plays a central role in the overall scheme of that directive, as an essential guarantee, as the Advocate General stated in [AG55] and [AG56] of her Opinion, for the effective exercise of that right and, therefore, for the effectiveness of consumer protection sought by the Community legislature.’

Judges:

Trstenjak AG

Citations:

C-227/08, [2009] EUECJ C-227/08 – O, [2009] ECR 1-11939

Links:

Bailii

Statutes:

Directive 85/577

Cited by:

Opinion – Eva Martin Martin v EDP Editores, SL ECJ 17-Dec-2009
ECJ Directive 85/577/EEC Article 4 Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – . .
Cited – Robertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 24 July 2022; Ref: scu.342055

Tyson Parketthandel (Commercial Policy): ECJ 2 Apr 2009

ECJ Regulation (EC) No 2193/2003 Additional customs duties on imports of certain products originating in the United States of America Temporal scope Article 4(2) Products exported after the entry into force of that regulation for which it can be demonstrated that they were already been on their way to the Community when those duties were first applied Whether subject to duty)

Citations:

C-134/08, [2009] EUECJ C-134/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342050

Rotter v OHMI (Forme D’Un Assemblage De Saucisses): ECFI 5 May 2009

ECJ Community trade mark – Application for a three-dimensional Community trade mark Shape of an arrangement of sausages Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94.

Citations:

T-449/07, [2009] EUECJ T-449/07

Links:

Bailii

European, Intellectual Property

Updated: 24 July 2022; Ref: scu.342057

KME Germany and Others v Commission (Competition): ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes – Decision finding an infringement of Article 81 EC -Price-fixing and market-sharing – Fines – Actual impact on the market – Size of the market concerned – Duration of the infringement – Attenuating circumstances – Cooperation.

Citations:

T-127/04, [2009] EUECJ T-127/04

Links:

Bailii

European

Updated: 24 July 2022; Ref: scu.342054

Visciano v Istituto nazionale della previdenza soziale: ECJ 2 Apr 2009

ECJ Social policy Approximation of laws Protection of employees in the event of employer insolvency – Directive 80/987 / EEC Obligation to pay claims arising from an employment relationship within the limit of a ceiling legal nature of the claims employed person in respect of the guarantee institution limitation periods general Principles of law Principles of equivalence and effectiveness of equality principle

Citations:

C-69/08, [2009] EUECJ C-69/08

Links:

Bailii

Statutes:

Directive 80/987/EEC

Cited by:

Opinion – Visciano v Istituto nazionale della previdenza soziale ECJ 16-Jul-2009
ECJ Social policy Protection of workers Insolvency of employer Directive 80/987/EEC Obligation to pay all outstanding claims up to a pre-established ceiling Nature of an employee’s claims against a guarantee . .
Lists of cited by and citing cases may be incomplete.

European, Employment, Insolvency

Updated: 24 July 2022; Ref: scu.342052

Land Oberosterreich v Cez (Free Movement of Goods): ECJ 22 Apr 2009

ECJ Opinion Reference for a preliminary ruling from the Landesgericht Linz (Austria).

Judges:

Maduro AG

Citations:

C-115/08, [2009] EUECJ C-115/08 – O

Links:

Bailii

Cited by:

Opinion – Land Oberosterreich v Cez (Free Movement of Goods) ECJ 27-Oct-2009
ECJ Action for cessation of actual or potential nuisance caused to land by the activities of a nuclear power plant situated on the territory of another Member State Obligation to tolerate actual or potential . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 24 July 2022; Ref: scu.342021

Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd (Area Of Freedom, Security and Justice): ECJ 23 Apr 2009

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 Article 43(1) Jurisdiction and enforcement of judgments – Notion of ‘party’.

Citations:

C-167/08, [2009] EUECJ C-167/08

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001 43(1)

European

Updated: 24 July 2022; Ref: scu.342027

Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment – Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 Act.

Citations:

C-393/07, [2009] EUECJ C-393/07

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342032

Italy v Parliament C-9/08 (Law Governing The Institutions): ECJ 30 Apr 2009

ECJ Action for annulment Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament – Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 Act.

Citations:

C-9/08, [2009] EUECJ C-9/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342033

Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Principles of Community Law): ECJ 30 Apr 2009

ECJ Article 12 EC Prohibition of discrimination on grounds of nationality Toll roads National legislation under which a toll disc made available free of charge to disabled persons is granted only to persons resident or ordinarily resident in national territory.

Judges:

Mazak AG

Citations:

C-103/08, [2009] EUECJ C-103/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Principles of Community Law) ECJ 1-Oct-2009
ECJ Freedom of movement for persons – Citizenship of the Union Article 12 EC Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons – Provisions restricting the issue of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 24 July 2022; Ref: scu.342030

Bios Naturprodukte GmbH v Saarland intervening party: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht (Approximation Of Laws): ECJ 30 Apr 2009

ECJ Directive 2001/83/EC Article 1(2)(b) Concept of ‘medicinal product by function’ Dosage of the product Normal conditions of use Risk to health Ability to restore, correct or modify physiological functions in human beings.

Citations:

C-27/08, [2009] EUECJ C-27/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342018

Commission v Koninklijke Frieslandcampina: ECJ 23 Apr 2009

ECJ Appeal – State aid State aid scheme implemented by the Netherlands for international financing activities – Decision No 2003/515/EC Incompatibility with the common market – Transitional provision – Admissibility – Standing to bring proceedings Interest in bringing proceedings – Principle of protection of legitimate expectations – Principle of equal treatment

Citations:

C-519/07, [2009] EUECJ C-519/07 – O

Links:

Bailii

European

Updated: 24 July 2022; Ref: scu.342025

A Menarini Farmaceutiche Riunite Srl and Others v Ministero della Salute, Agenzia Italiana del Farmaco (AIFA), third party: Sanofi Aventis SpA: ECJ 2 Apr 2009

ECJ Directive 89/105/EEC – Transparency of measures regulating the prices of medicinal products for human use Article 4 Price freeze Price reduction.

Citations:

[2009] EUECJ C-356/07

Links:

Bailii

Statutes:

Directive 89/105/EEC

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.342012

Futura Immobiliare and Others (Environment and Consumers): ECJ 23 Apr 2009

ECJ Directive 2006/12/EC – Waste costs – waste disposal – Principle of ‘polluter pays’ Equal treatmen

Judges:

Kokott AG

Citations:

C-254/08, [2009] EUECJ C-254/08 – O

Links:

Bailii

Statutes:

Directive 2006/12/CE

Cited by:

Opinion – Futura Immobiliare and Others (Environment and Consumers) ECJ 16-Jul-2009
ECJ Reference for a preliminary ruling – Directive 2006/12/EC Article 15(a) – Waste disposal costs not allocated on the basis of actual production of waste – Compatibility with the ‘polluter pays’ principle . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 24 July 2022; Ref: scu.342028

Copad SA v Christian Dior couture SA, Vincent Gladel, as liquidator of Societe industrielle lingerie (SIL), Societe industrielle lingerie (SIL): ECJ 23 Apr 2009

ECJ Directive 89/104/EEC – Trade-mark law Exhaustion of the rights of the proprietor of the trade mark – Licence agreement – Sale of goods bearing the trade mark in disregard of a clause in the licence agreement – No consent of the proprietor of the mark – Sale to discount stores – Damage to the reputation of the trade mark.

Citations:

C-59/08, [2009] EUECJ C-59/08, [2009] ECR I-0000

Links:

Bailii

Statutes:

Directive 89/104/EEC

Cited by:

Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 24 July 2022; Ref: scu.342026

Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd: PC 5 May 2009

(British Virgin Islands) Shares in two companies incorporated under the BVI Business Companies Act 2004, Cukurova Finance International Ltd and Cukurova Telecoms Holdings Ltd were provided as security under two sets of equitable mortgages, one set was governed by BVI law and the other set by English law. The Board was asked as to how the rules of English law relating to equitable mortgages of shares have been affected by European Directive 2002/47/EC on financial collateral arrangements.
Held: It was not necessary for a valid appropriation for a collateral-taker to become registered owner of the shares.

Judges:

Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance

Citations:

[2009] UKPC 19, [2009] 1 CLC 701, [2010] 1 All ER (Comm) 1173, [2009] Bus LR 1613, [2009] 3 All ER 849, [2009] 3 CMLR 11

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

See Also – Cukurova Finance International Ltd and Others v Alfa Telecom Turkey Ltd PC 23-May-2012
(British Virgin Islands) Interlocutory issue as to who should manage the affairs of the Turkcell mobile telephone business pending the Board’s final adjudication (after a hearing which should take place this autumn) on the rights and wrongs of what . .
See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 30-Jan-2013
(British Virgin Islands) The claimant sought to recover shareholdings given in charge.
Held: There was an event of default, which entitled ATT to accelerate the loan and to appropriate – or forfeit – the charged shares, but that relief against . .
See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 9-Jul-2013
British Virgin Islands . .
See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 29-Jul-2013
(British Virgin Islands) . .
See Also – Cukurova Holding As v Sonera Holding Bv PC 13-May-2014
(British Virgin Islands) The appellant sought to have set aside the Final Decision of an arbitrator. . .
Lists of cited by and citing cases may be incomplete.

European, Land

Updated: 24 July 2022; Ref: scu.341822

Commission of The European Communities v Ireland: ECJ 21 Feb 2008

ECJ Failure of a Member State to fulfil obligations Incorrect transposition Directive 84/5/EEC Article 1(4) Compulsory insurance for civil liability in respect of motor vehicles Conditions for the exclusion from compensation of passengers in an uninsured vehicle

Judges:

L. Bay Larsen, P

Citations:

C-211/07, [2008] EUECJ C-211/07

Links:

Bailii

Statutes:

Directive 84/5/EEC

European, Road Traffic

Updated: 24 July 2022; Ref: scu.341251

Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund: ECJ 20 Jan 2009

(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive.
Held: The workers were so entitled. The right to holiday was a basic right guaranteed to every worker whatever his state of health. The worker’s normal remuneration, which had to be maintained during the rest period corresponding to the paid annual leave, was also decisive as to the calculation of the allowance in lieu of annual leave not taken by the end of the employment relationship.

Judges:

V Skouris, President and Judges P. Jann, C. W. A. Timmermans, A. Rosas, K. Lenaerts, A. O Caoimh, K. Schiemann, J. Makarczyk, P. Kuris, E. Juhasz, G. Arestis, E. Levits and L. Bay Larsen Advocate-General V. Trstenjak

Citations:

[2009] EUECJ C-350/06, [2009] EUECJ C-520/06, [2009] IRLR 214, C-350/06, C-520/06, [2009] WLR (D) 13

Links:

Bailii, Bailii, Times, WLRD

Statutes:

Council Directive 2003/88/EC of November 4, 2003, concerning certain aspects of the organisation of working time 7

Jurisdiction:

European

Citing:

Opinion – Stringer and Others v Her Majesty’s Revenue and Customs ECJ 24-Jan-2008
Europa Directive 2003/88/EC Organisation of working time Article 7 – Right to a minimum period of paid annual leave Entitlement to an allowance in lieu Fundamental social rights in Community law Grant of annual . .
Cited – Merino Gomez v Continental Industrias del Caucho SA ECJ 18-Mar-2004
Where the dates of a worker’s maternity leave coincided with those of the general annual leave fixed, by a collective agreement, for the entire workforce, the requirements of the Working Times Directive relating to paid annual leave could not be . .
Opinion – Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy) ECJ 24-Jan-2008
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the . .
At EAT – Commissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites EAT 4-Feb-2004
EAT Working Time Regulations – Holiday pay . .
See Also – Inland Revenue v Ainsworth and others CA 22-Apr-2005
The court considered the calculation of hours under the Regulations when the employee was on extended sickness leave of absence.
Held: Once an employee had exhausted their sick pay entitlement, it was not open to them in addition then to claim . .
See Also – Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy) ECJ 24-Jan-2008
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the . .

Cited by:

At ECJ – Revenue and Customs v Stringer, Ainsworth and Others HL 10-Jun-2009
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 24 July 2022; Ref: scu.332849

Germany v Commission: ECFI 28 Jan 2009

ECJ (Regional Policy) ERDF Reduction of financial assistance Change to the financing plan without the consent of the Commission Maximum rates of financing laid down for specific measures Concept of significant change Article 24 of Regulation (EEC) No 4253/88 Duty to state the reasons on which the decision is based Action for annulment.

Citations:

T-74/07, [2009] EUECJ T-74/07

Links:

Bailii

Statutes:

Regulation (EEC) No 4253/88 Duty to state the reasons on which the decision is based

Jurisdiction:

European

European

Updated: 24 July 2022; Ref: scu.280403

Iberian (Uk) Ltd v BPB Industries Plc and Another: ChD 15 May 1996

UK courts should avoid creating procedures inconsistent with European decisions: ‘The necessity of avoiding conflicting decisions between the Commission and national courts is a theme which runs through a number of European and English domestic cases, as I will set out below. It is an objective which makes obvious sense. The European Union is intended to be a cohesive economic unit. It would interfere with that cohesiveness if a finding by the specialist competition authority of the Community that there had been an abuse of dominant position was undermined by decisions of national courts, some of which came to the same conclusion and others of which came to the opposite conclusion.’

Judges:

Laddie J

Citations:

Times 15-May-1996, [1997] Eu LR 1

Jurisdiction:

England and Wales

Cited by:

Cited – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 24 July 2022; Ref: scu.81589

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 policy. As a general rule, recourse to the criterion of length of service is appropriate to attain that objective. Length of service goes hand in hand with experience, and experience generally enables the worker to perform his duties better.
The employer is therefore free to regard length of service without having to establish the importance it has in the performance of specific tasks entrusted to the employee.’

Citations:

C-17/05, [2006] EUECJ C-17/05, [2007] CEC 318, [2007] 1 CMLR 16, [2007] All ER (EC) 1, [2006] ECR I-9583, [2006] ICR 1623, [2006] IRLR 969, Times 06-Oct-2006

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Rolls Royce Plc v Unite the Union QBD 17-Oct-2008
The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations.
Held: The union was . .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Applied – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 24 July 2022; Ref: scu.245179

Northern Foods Plc v Department for Environment, Food and Rural Affairs and Another: Admn 21 Dec 2005

The complainant said the department had been wrong to send on to Europe an appllication by the Melton Mowbray Pork Pie Association for a geographical designation for their products.
Held: The claimant objected that the areas intended to be designated were wider than the geographical area associated with the name Melton Mowbray. However a desgnation need not be strictly limited to such area. The request for a judicial review failed.

Judges:

Mr Justice Crane

Citations:

[2005] EWHC 2971 (Admin), Times 09-Jan-2006

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, European

Updated: 24 July 2022; Ref: scu.236654

C P M Meeusen v Hoofddirectie Van De Informatie Beheer Groep Case C-337/97: ECJ 6 Oct 1999

Though M and his parents resided in Belgium, and M studied in Belgium, M’s father and mother worked in their company in the Netherlands. The Belgian refused a student grant because M’s parents did not work in Belgium. The court re-emphasised the obligations of countries not to discriminate against dependants of workers in other member states, and upheld the claim for financial support.

Citations:

Gazette 06-Oct-1999

Jurisdiction:

European

European, Benefits

Updated: 24 July 2022; Ref: scu.78812

Loutfi Management Propriete Intellectuelle v AMJ Meatproducts NV: ECJ 25 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Community trade mark – Regulation (EC) No 207/2009 – Article 9(1)(b) – Effects – Rights conferred by a Community trade mark – Identical or similar signs – Prohibition of use – Likelihood of confusion – Assessment – Taking into consideration the use of a language other than an official language of the European Union

Judges:

C. Vajda, P

Citations:

C-147/14, [2015] EUECJ C-147/14, [2015] WLR(D) 276, ECLI:EU:C:2015:420

Links:

Bailii, WLRD

Statutes:

Regulation (EC) No 207/2009 9(1)(b)

Jurisdiction:

European

Intellectual Property

Updated: 24 July 2022; Ref: scu.549582

EE v Commission: ECJ 25 Jun 2015

ECJ Judgment – Public service – Contract staff – Non-renewal of a fixed-term contract – cancellation Conclusions – Renewal Process – Article 41 paragraph 2 a) of the Charter of Fundamental Rights of the European Union – Right be heard – Failure – compensation Conclusions – pecuniary damage

Judges:

R. Barents (Rapporteur), P

Citations:

F-55/14, [2015] EUECJ F-55/14, ECLI: EU: F: 2015: 66

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 24 July 2022; Ref: scu.549578

Indeliu Ir Investiciju Draudimas VI v Nemaniunas: ECJ 25 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Directives 94/19/EC and 97/9/EC – Deposit-guarantee schemes and investor-compensation schemes – Savings and investment instruments – Financial instrument within the meaning of Directive 2004/39/EC – Exclusion of the guarantee – Direct effect – Conditions to be met in order to benefit from Directive 97/9/EC

Judges:

R. Silva de Lapuerta, P

Citations:

C-671/13, [2015] EUECJ C-671/13, ECLI:EU:C:2015:418

Links:

Bailii

Statutes:

Directives 94/19/EC, Directive 2004/39/EC

Jurisdiction:

European

Banking

Updated: 24 July 2022; Ref: scu.549580

Mikulik v Council: ECJ 25 Jun 2015

ECJ Judgment – Public service – Officials – Probationary period – Extension Course – Dismissal at the end of the training – Practical training completed in irregular conditions

Judges:

R. Barents J

Citations:

F-67/14, [2015] EUECJ F-67/14, ECLI: EU: F: 2015 65

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 24 July 2022; Ref: scu.549583

Copernicus-Trademarks v OHMI – Maquet (Lucea Led): ECFI 25 Jun 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark LUCEA LED – Earlier Community word mark LUCEO – Lack of precedence – Claiming of priority – Priority date entered in the register – Priority documents – Examination by OHIM of its own motion – Rights of the defence

Citations:

T-186/12, [2015] EUECJ T-186/12, ECLI:EU:T:2015:436

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 24 July 2022; Ref: scu.549575

Skatteministeriet v DSV Road: ECJ 25 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Regulation (EEC) No 2913/92 – Articles 203 and 204 – Regulation (EEC) No 2454/93 – Article 859 – External transit procedure – Incurrence of a customs debt – Removal or not from customs supervision – Failure to perform an obligation – Late submission of the goods at the office of destination – Goods refused by the consignee and returned without having been submitted to the customs office – Goods again placed under the external transit procedure via a fresh declaration – Directive 2006/112/EC – Article 168(e) – Deduction of VAT on import by the carrier)

Judges:

T. von Danwitz (Rapporteur), P

Citations:

C-187/14, [2015] EUECJ C-187/14, ECLI:EU:C:2015:421

Links:

Bailii

Statutes:

Regulation (EEC) No 2913/92

Jurisdiction:

European

Customs and Excise

Updated: 24 July 2022; Ref: scu.549577

Co Sociedad De Gestion Y Participacion And Others v De Nederlandsche Bank NV: ECJ 25 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Direct insurance other than life assurance – Directive 92/49/EEC – Articles 15, 15a and 15b – Prudential assessment of acquisitions and increases in a qualifying holding – Possibility to attach a restriction or requirement to the approval of a proposed acquisition

Citations:

C-18/14, [2015] EUECJ C-18/14, ECLI:EU:C:2015:419

Links:

Bailii

Statutes:

Directive 92/49/EEC 15

Jurisdiction:

European

Insurance

Updated: 24 July 2022; Ref: scu.549573

Welmory sp zoo v Dyrektor Izby Skarbowej w Gdansku: ECJ 15 May 2014

ECJ Opinion – Taxation – Value added tax – Article 44 of Directive 2006/112/EC as amended by Directive 2008/8/EC – Definition of” permanent establishment ‘of the recipient of a service

Judges:

Julianne Kokott AG

Citations:

C-605/12, [2014] EUECJ C-605/12, [2014] EUECJ C-605/12

Links:

Bailii, Bailii

Statutes:

Directive 2006/112/EC 44

Jurisdiction:

European

VAT

Updated: 24 July 2022; Ref: scu.525531

Vuitton Malletier v OHIM: ECJ 15 May 2014

ECJ Judgment Of The Court – Appeal – Community trade mark – Invalidity proceedings – Figurative mark representing a locking device – No distinctive character – Partial invalidity – Regulation (EC) No 40/94 – Article 7(1)(b)

Judges:

Fernlund P

Citations:

C-97/12, [2014] EUECJ C-97/12

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 24 July 2022; Ref: scu.525530

X (from the Korkein hallinto-oikeus (Finland)): ECJ 15 May 2014

ECJ Opinion – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 4, paragraph 1 – Accident insurance for employees – National legislation – Fixed Compensation for permanent injury as a result of an accident at work – Calculation of – Different Amounts for men and women because of life expectancy statistically different between the sexes – Liability of a Member State – sufficiently serious breach of EU law violation

Judges:

Julianne Kokott AG

Citations:

C-318/13, [2014] EUECJ C-318/13

Links:

Bailii, Bailii

Jurisdiction:

European

Discrimination

Updated: 24 July 2022; Ref: scu.525532

SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants had produced software which was intended to mimic SAS software in part. SAS alleged copyright infringement.
Held: (a) if expression is dictated by technical function then the criterion of originality is not satisfied; and (b) where that is the case, the product is not an intellectual creation of the author at all.
The essence of the term ‘own intellectual creation’ is that the person in question ‘has exercised expressive and creative choices in producing the work’

Judges:

Tomlimson, Lewison, Vos LJJ

Citations:

[2013] EWCA Civ 1482, [2014] RPC 8, [2015] ECDR 17

Links:

Bailii

Statutes:

Agreement on Trade-Related Aspects of Intellectual Property Rights, World Intellectual Property Organisation Copyright Treaty, Council Directive 91/250/EEC, Council Directive 2001/29/EC, Copyright Designs and Patents Act 1988 16(3)

Jurisdiction:

England and Wales

Citing:

At ChD (1) – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright . .
Reference – SAS Institute Inc v World Programming Ltd ChD 22-Nov-2010
The parties sought to agree the terms of a reference to the European Court of Justice. . .
ECJ Opinion – SAS Institute Inc v World Programming Ltd ECJ 29-Nov-2011
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program . .
ECJ Judgment – SAS Institute Inc v World Programming Ltd ECJ 2-May-2012
ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer . .
ChD (3) – SAS Institute Inc v World Programming Ltd ChD 25-Jan-2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to . .
Cited – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 22-Dec-2010
ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
Cited – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 14-Oct-2010
ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – . .
Cited – Football Dataco And Others v Yahoo UK Ltd etc ECJ 15-Dec-2011
ECJ Opinion of Advocate General Mengozzi – Directive 96/9/EC – Legal protection of databases – Football league fixture lists – Copyright
No copyright subsisted in databases set up according to technical . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others ChD 20-Jan-2006
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen.
Held: The games . .

Cited by:

Cited – SAS Institute Inc v World Programming Ltd ComC 13-Dec-2018
SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts.
Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a . .
See Also – SAS Institute Inc v World Programming Ltd (2495) ComC 25-Sep-2019
Post judgment orders . .
See Also – SAS Institute Inc v World Programming Ltd (Injunction) ComC 25-Sep-2019
Continuation of anti-suit injunction – refused . .
See Also – SAS Institute Inc v World Programming Ltd CA 12-May-2020
Appeal from refusal of continuance of anti-suit injunction . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 24 July 2022; Ref: scu.518323

Minister van Financien v X Bv: ECJ 15 May 2014

ECJ Community Customs Code – Scope of Articles 203 and 204(1)(a) of Regulation (EEC) No 2913/92 – External transit procedure – Customs debt incurred through non-fulfilment of an obligation – Belated presentation of the goods at the office of destination – Sixth VAT Directive – Article 10(3) – Link between the incurring of customs debt and the incurring of VAT debt – Concept of taxable transactions

Citations:

C-480/12, [2014] EUECJ C-480/12

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 24 July 2022; Ref: scu.525533

Football Dataco Ltd and Others v Smoot Enterprises Ltd and Another: ChD 14 Apr 2011

The claimant sought judgment in default, and an order for interim payment of damages. The court considered whether the claimants have a cause of action for part of the relief sought turns on a question of European law which is the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the European Court of Justice.

Judges:

Briggs J

Citations:

[2011] EWHC 973 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, European

Updated: 23 July 2022; Ref: scu.432783

Football Dataco Ltd and Others v Sportradar Gmbh and Another: CA 29 Mar 2011

Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures.

Citations:

[2011] EWCA Civ 330

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010
The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . .

Cited by:

At CA – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .
Reference – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Intellectual Property

Updated: 23 July 2022; Ref: scu.431246

Commission v Austria (Free Movement Of Capital): ECJ 8 Mar 2011

ECJ Failure to fulfill obligations – Article 258 TFEU – Article 56 EC – Article 40 of the EEA Agreement – Free movement of capital – Tax benefits resulting from grants to training institutions, research and teaching – Subordination of these benefits to provided that the grant recipient is established in the country – Character objectively comparable organizations – Justification on grounds of overriding public interest – Promotion of Austria as a scientific center and training – Proportionality.

Citations:

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

Links:

Bailii

Jurisdiction:

European

European

Updated: 23 July 2022; Ref: scu.430705

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010

The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list.
Held: The appeal failed in general, but the court referred a limited questiion to the ECJ as to whether the Directive replaced or was additional to any existing national copyrights in such works.

Judges:

Jacob, Hooper, Rimer LJJ

Citations:

[2011] RPC 9, [2010] EWCA Civ 1380

Links:

Bailii

Statutes:

Database Directive (96/9/EC), Copyright, Designs and Patents Act 1988

Jurisdiction:

England and Wales

Citing:

Appeal from – Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .
Mentioned – Commissioners of Customs and Excise v Century Life Plc CA 19-Dec-2000
The Directive required member states to exempt from VAT, services involving the provision of insurance, and for intermediaries. Following the Regulator’s involvement, the principal company had to arrange for the checking of existing policies, and . .
Cited – Fixtures Marketing v Oy Veikkaus Ab ECJ 9-Nov-2004
Europa Directive 96/9/EC – Legal protection of databases – Sui generis right – Definition of investment in the obtaining, verification or presentation of the contents of a database – Football fixture lists – . .
Cited – Fixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP) ECJ 9-Nov-2004
ECJ The term database as defined in Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases refers to any collection of works, data or . .
Cited – Fixtures Marketing v Svenska ECJ 9-Nov-2004
ECJ (Approximation of Laws) Directive 96/9/EC – Legal protection of databases – Sui generis right – Definition of investment in the obtaining, verification or presentation of the contents of a database – Football . .
See Also – Football Dataco Ltd and Others v Brittens Pools Ltd and Others ChD 26-Nov-2009
. .

Cited by:

Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 23 July 2022; Ref: scu.426999

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 17 Nov 2010

The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules.

Judges:

Floyd J

Citations:

[2010] EWHC 2911 (Ch), [2011] ECDR 2, [2011] FSR 10, [2011] ECC 16

Links:

Bailii

Statutes:

Directive 96/9/EC on the Legal Protection of Databases

Jurisdiction:

England and Wales

Cited by:

Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another CA 29-Mar-2011
Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures. . .
See Also – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .
At first instance – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Intellectual Property

Updated: 23 July 2022; Ref: scu.426061

Kaul v OHMI- Bayer (Arcol): ECFI 25 Mar 2009

ECJ Community trade mark – ‘Opposition proceedings’ – Application for the Community word mark ARCOL – ‘ Earlier Community word mark CAPOL Implementation by OHIM of a judgment annulling a decision of one of its Boards of Appeal Relative ground for refusal No likelihood of confusion Rights of the defence Article 8(1)(b), Article 61(2), Article 63(6), Article 73, second sentence, and Article 74(2) of Regulation (EC) No 40/94.

Citations:

T-402/07, [2009] EUECJ T-402/07

Links:

Bailii

European, Intellectual Property

Updated: 23 July 2022; Ref: scu.328032

Anheuser-Busch v OHMI- Budejovicky Budvar (Budweiser): ECFI 25 Mar 2009

ECFI Community trade mark Opposition proceedings Application for Community word mark BUDWEISER Earlier international word and figurative marks BUDWEISER and Budweiser Budvar Relative grounds for refusal Article 8(1)(a) and (b) of Regulation (EC) No 40/94 Genuine use of the earlier trade mark Article 43(2) and (3) of Regulation No 40/94 Infringement of rights of defence Statement of reasons Article 73 of Regulation No 40/94 Late submission of documents Discretion granted by Article 74(2) of Regulation No 40/94.

Citations:

T-191/07, [2009] EUECJ T-191/07

Links:

Bailii

European, Intellectual Property

Updated: 23 July 2022; Ref: scu.328012

Erste Bank Der Osterreichischen Sparkassen Raiffeisen Zentralbank Osterreich AG, Bank Austria Creditanstalt AG, Osterreichische Volksbanken AG v Commission: ECJ 26 Mar 2009

ECJ Opinion – Appeal Competition National cartel Austrian market for bank products and services ‘Lombard Club’ Article 81 EC Effect on trade between Member States Imputability of liability for an infringement Regulation No 17 Articles 11 and 15(2) Guidelines on the method of setting fines Gravity of the infringement Obligation for the Commission to demonstrate an actual impact of the infringement on the market Classification by categories of the members of the cartel Assessment of the economic capacity of the offenders Attenuating circumstances Cooperation during the administrative procedure Principle of equal treatment Respect for the rights of the defence

Judges:

Bot AG

Citations:

C-135/07, [2009] EUECJ C-135/07 – O

Links:

Bailii

European

Updated: 23 July 2022; Ref: scu.328027

Commission v Germany (Free Movement Of Persons): ECJ 31 Mar 2009

ECJ Opinion – Failure of Member State to fulfil obligations Infringement of Articles 12 EC, 18 EC and 39 EC, and of Article 7 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community National legislation concerning pecuniary incentives for savings-pensions.

Judges:

Mazak AG

Citations:

C-269/07, [2009] EUECJ C-269/07 – O

Links:

Bailii

Statutes:

Council Regulation (EEC) No 1612/68 7

Cited by:

Opinion – Commission v Germany (Free Movement Of Persons) ECJ 10-Sep-2009
ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Regulation (EEC) No 1612/68 Savings-pension bonus – Full liability to tax . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 23 July 2022; Ref: scu.328017

Erste Bank Der Osterreichischen Sparkassen v Commission: ECJ 26 Mar 2009

ECJ World Trade Organisation (WTO) Accession of Vietnam Establishment of the Community position Choice of correct legal basis Exclusive or shared competence Community competence alone or requirement of involvement of the Member States Article 133(5) and (6) EC in the version of the Treaty of Nice.

Citations:

C-137/07, [2009] EUECJ C-137/07 – O

Links:

Bailii, Bailii

European

Updated: 23 July 2022; Ref: scu.328028

L ‘Oreal v OHMI- Spa Monopole (Spa Therapy): ECFI 25 Mar 2009

ECJ Community trade mark – Opposition proceedings – Application for the Community word mark SPA THERAPY – Earlier national word mark SPA – Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94.

Citations:

T-109/07, [2009] EUECJ T-109/07

Links:

Bailii

European, Intellectual Property

Updated: 23 July 2022; Ref: scu.328033

Inspecteur van de Belastingdienst v X Bv: ECJ 5 Mar 2009

ECJ Opinion – Competition Policy Articles 81 EC and 82 EC Article 15, paragraph 3 of Regulation (EC) No 1/2003 Amicus curiae written comments submitted by the National Commission Litigation tax deductibility of a fine imposed by a decision of the Commission

Judges:

Mengozzi AG

Citations:

C-429/07, [2009] EUECJ C-429/07 – O

Links:

Bailii

Statutes:

Regulation (EC) No 1/2003

Cited by:

Opinion – Inspecteur van de Belastingdienst v X Bv ECJ 11-Jun-2009
ECJ Competition policy Articles 81 EC and 82 EC Article 15(3) of Regulation (EC) No 1/2003 – Written observations submitted by the Commission – National dispute concerning the deductibility from tax of a fine . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 23 July 2022; Ref: scu.317892

Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009

EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive
TRANSFER OF UNDERTAKINGS: Varying terms of employment
As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as to give a right to pay increases negotiated post-transfer. See Whent v Cartledge. This construction is unaffected by the subsequent construction of the Business Transfers Directive by the ECJ in Werhof holding that the Directive did not require such protection. The limitation to one year, or the earlier expiry of the relevant collective agreement, in Art 3(2) of the Directive was not transposed into TUPE Reg 6 and so UK treatment is, as is permitted by Art 7, more favourable than that in the Directive.
Employment Tribunal reversed. Permission to appeal.

Judges:

McMullen QC J

Citations:

[2009] UKEAT 0456 – 08 – 1201, [2009] ICR 703, [2009] IRLR 322, [2009] 2 CMLR 40

Links:

Bailii

Statutes:

Insolvency Act 1986 11(3)(d), Transfer of Undertakings (Protection of Employment) Regulations 1981, Business Transfers Directive 77/187, Trade Union and Labour Relations (Consolidation) Act 1992 179

Jurisdiction:

England and Wales

Citing:

Cited – BET Catering Services Ltd v Ball and others EAT 28-Nov-1996
Mrs Ball was an employee of a London Borough whose contract incorporated the NJC conditions. Following her TUPE transfer to BET, a private sector employer, the NJC promulgated terms that included pay increases. The issue was whether BET was obliged . .
Cited – Hans Werhof v Freeway Traffic Systems GmbH and Co. KG ECJ 9-Mar-2006
The claimant’s employment was covered by a framework collective agreement and a wage agreement specific to his industry. The business was transferred to the defendant, who was not part of such schemes. An arrangement was proposed to vary his . .
Cited – Ackinclose and others v Gateshead Metropolitan Borough Council EAT 20-Sep-2004
EAT Unlawful Deduction from Wages . .
Cited – Graham v Glendale Management Service Ltd CA 16-May-2003
The employee’s employment had been transferred to the respondent subject to his terms and conditions as with the local authority employer. Those terms included a clause applying normally national agreed rates of pay, but subsequent increases had not . .
Cited – Whent and others v T Cartledge Ltd EAT 16-Dec-1996
The appellants had been employed by Brent. Their contracts provided that pay would be in accordance with NJC agreements as amended from time to time. Their employment transferred under TUPE to a private sector employer, who wrote to the employees . .
Cited – Glendale Grounds Management v Bradley EAT 19-Feb-1998
. .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Sigurdur A Sigurjonsson v Iceland ECHR 30-Jun-1993
The making compulsory of the membership of a specific organisation was a breach of the right of freedom of association.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to . .
Cited – Oakley Inc v Animal Ltd. and others PatC 16-Mar-2005
. .
Cited – Transport and General Workers Union v Swissport (UK) Ltd (in administration) and Another EAT 27-Jun-2007
EAT Transfer of undertakings – Acquired rights directive / Entity
1. The transferor provided ground handling services to the putative transferee. The Employment Tribunal fell into error in finding that there . .
Cited – Glennie v Independent Magazines (UK) Limited CA 17-Jun-1999
A party is under a duty to present his entire case at the first hearing in the Employment Tribunal. Where a claimant’s representative had decided to adopt a particular position in law when making representations to the original industrial tribunal, . .
Cited – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .

Cited by:

Appeal from – Parkwood Leisure Ltd v Alemo-Herron and 23 Others CA 29-Jan-2010
The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national . .
At EAT – 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 . .
At EAT – Alemo-Herron and Others v Parkwood Leisure Ltd ECJ 19-Feb-2013
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 23 July 2022; Ref: scu.304527

Assitur Srl v Camera di Commercio, Industria, Artigianato e Agricoltura di Milano (Law Relating To Undertakings): ECJ 10 Feb 2009

ECJ Public service contracts Directive 92/50/EEC Article 29 National legislation precluding the simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control as defined by Article 2359 of the Italian Civil Code Proportionality.

Citations:

C-538/07, [2009] EUECJ C-538/07 – O, [2009] EUECJ C-538/07

Links:

Bailii, Bailii

European

Updated: 23 July 2022; Ref: scu.286149

Regina v Inland Revenue Commissioners Ex Parte Commerzbank: ECJ 21 Jul 1993

UK provision on company domicile/taxation is unfair to Overseas companies.
Europa Freedom of movement for persons – Freedom of establishment – Tax legislation – Right to repayment supplement when tax paid but not due is refunded – Refund only available to companies resident for tax purposes in national territory – Not permissible – Tax not due on the ground that residence for tax purposes is abroad – Irrelevant (EEC Treaty, Arts 52 and 58)
Articles 52 and 58 of the Treaty prevent the legislation of a Member State from granting repayment supplement on overpaid tax to companies which are resident for tax purposes in that State whilst refusing the supplement to companies resident for tax purposes in another Member State. The fact that the latter would not have been exempt from tax if they had been resident in that State is of no relevance in that regard. Although it applies independently of a company’ s seat and therefore of the factor connecting it with the legal system of a particular State, the use of the criterion of fiscal residence within national territory for the purpose of granting repayment supplement on overpaid tax is liable to work more particularly to the disadvantage of companies having their seat in other Member States since it is most often those companies which are resident for tax purposes outside the territory of the Member State in question.

Citations:

Times 21-Jul-1993, C-330/91, [1993] EUECJ C-330/91

Links:

Bailii

Jurisdiction:

European

Income Tax, European

Updated: 23 July 2022; Ref: scu.86933

Commission v Belgium (Advocate Generals Opinion): ECJ 2 Jul 2015

ECJ Failure of a Member State to fulfil obligations – Protocol (No 7) on the Privileges and Immunities of the European Union – Article 3 – Fiscal immunity of the Union – Exemption – Regional gas and electricity contributions – Mere charges for public utility services – Taxes – Indirect taxes – Public service obligations

Judges:

Cruz Villalon AG

Citations:

ECLI:EU:C:2015:441, C-163/14, [2015] EUECJ C-163/14 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Belgium ECJ 14-Jan-2016
ECJ Failure of a Member State to fulfil obligations – Article 343 TFEU – Protocol on the privileges and immunities of the European Union – Article 3 – Tax exemptions – Brussels-Capital Region – Contributions in . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 23 July 2022; Ref: scu.559125

Commission v Italy (Communities Own Resources): ECJ 11 Jun 2008

ECJ Article 226 EC State Community Customs Code Failure TIR Customs debt own resources Delay Community enrollment own resources account Interest on late regularity of a transit operation

Citations:

[2009] EUECJ C-275/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Commission v Italy (Communities Own Resources) ECJ 11-Jun-2008
ECJ Failure of a Member State to fulfil obligations External Community transit TIR Carnets Customs duties Own resources of the Communities Making available Time-limits Default interest Accounting rules . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise

Updated: 22 July 2022; Ref: scu.517494