Category: European

Parti Ecologiste “Les Verts” v European Parliament C-297/83: ECJ 26 Sep 1984

(Order) Action for annulment – Inadmissibility – Action against acts which are part of the budgetary procedure.

Citations:

[1984] EUECJ C-297/83

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Parti Ecologiste Les Verts v Parliament C-295/83 ECJ 26-Sep-1984
(Order) Action for annulment – Inadmissibility – Action against acts which are part of the budgetary procedure. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 13 July 2022; Ref: scu.133788

Conde Nast Publications Ltd v Customs and Excise: ChD 10 Jun 2005

Judges:

Warren J

Citations:

[2005] EWHC 1167 (Ch), [2005] Eu LR 1014, [2005] BVC 478, [2005] BTC 5447, [2005] STC 1327, [2005] STI 1093

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Conde Nast Publications Ltd v Customs and Excise VDT 7-Dec-2004
VDT Value added tax – input tax – time limits – whether appellant able to claim unclaimed input tax incurred more than three years previously despite regulation 29(1A) of the Value Added Tax Regulations 1995 . .

Cited by:

Appeal from – Conde Nast Publications Ltd v Customs and Excise CA 11-Jul-2006
The court was asked as to the time available to a taxpayer to make a claim for repayment of under-deducted input tax under regulation 29.
Held: Though it might itself feel some discomfort at an earlier judgment interpreting a judgment of the . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 13 July 2022; Ref: scu.226739

Hellenic Republic v Commission: ECFI 12 Sep 2007

ECJ ACTION for annulment of Commission Decision 2005/354/EC of 29 April 2005 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 112, p. 14), in as much as it excludes certain expenditure incurred by the Hellenic Republic in the sectors of arable crops and olive oil and in respect of financial audits,.

Citations:

T’243/05

Links:

Bailii

European

Updated: 12 July 2022; Ref: scu.263466

Belgium v Commission (Agriculture): ECJ 10 Jan 2008

ECJ Appeal EAGGF Arable crop sector Clearance of EAGGF accounts Reliable and operational inspection system Expenditure excluded from Community financing Flat-rate correction Retrospective application of the rules relating to checks Implicit obligations Principle of proportionality Legal certainty Unlimited jurisdiction

Judges:

C.W.A. Timmermans, P

Citations:

C-418/06, [2008] EUECJ C-418/06

Links:

Bailii

European, Agriculture

Updated: 12 July 2022; Ref: scu.263463

K and L Ruppert Stiftung and Co. Handels-KG, v Office for Harmonisation in the Internal Market (Trade Marks and Designs): ECJ 12 Dec 2007

ECJ Community trade mark Opposition proceedings Application for the figurative mark CORPO LIVRE National and international word marks LIVRE Proof of use of the earlier marks submitted out of time.

Citations:

T-86/05, [2007] EUECJ T-86/05

Links:

Bailii

European, Intellectual Property

Updated: 12 July 2022; Ref: scu.263467

Xentral v OHMI – Pages Jaunes (Pagesjaunes.Com): ECFI 13 Dec 2007

ECJ Community trade mark Opposition proceedings. Application for the Community word mark PAGESJAUNES.COM – Earlier national figurative mark LES PAGES JAUNES Domain name ‘pagesjaunes.com’ Relative grounds for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94.

Citations:

T-134/06, [2007] EUECJ T-134/06

Links:

Bailii

European, Intellectual Property

Updated: 12 July 2022; Ref: scu.262924

Commission v Ireland: ECJ 18 Dec 2007

ECJ Opinion – Freedom To Provide Services – Failure of a Member State to fulfil obligations – Public procurement Articles 43 EC and 49 EC Emergency ambulance services.

Judges:

Stix-Hackl AG

Citations:

C-532/03, [2006] EUECJ C-532/03

Links:

Bailii

Cited by:

Opinion – Commission v Ireland ECJ 18-Dec-2007
ECJ Failure of a Member State to fulfil obligations Public procurement Articles 43 EC and 49 EC Emergency ambulance services . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 12 July 2022; Ref: scu.262909

Road Air Logistics Customs (Customs Union): ECJ 13 Dec 2007

ECJ Community Customs Code and implementing regulation Community transit Offence Proof of the regularity of the transit operation or of the place of the offence Failure to grant a period of three months in which to furnish such proof Repayment of customs duties Concept of ‘legally owed’.

Citations:

C-526/06, [2007] EUECJ C-526/06

Links:

Bailii

European, Customs and Excise

Updated: 12 July 2022; Ref: scu.262923

FBTO Schadeverzekeringen v Jack Odenbreit: ECJ 13 Dec 2007

ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the place where the plaintiff is domiciled.
By virtue of Articles 11(2) and 9(1)(b) of Regulation EC 44/2001 (‘Regulation 44’) a person injured in a motor accident who has a right to bring proceedings directly against the insurer of the driver responsible for his injury is entitled to bring those proceedings before the courts of the Member State in which he is domiciled, provided that the insurer is domiciled in a Member State.

Judges:

CWA Timmermans, P

Citations:

C-463/06, [2007] EUECJ C-463/06, [2008] ILPr 12, [2008] 2 All ER (Comm) 733, [2008] Lloyd’s Rep IR 354, (2007) ECR 1-11321

Links:

Bailii

Statutes:

Regulation EC 44/2001 11(2) 9(1)(b)

Cited by:

Cited – Knight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
Cited – Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa QBD 30-Jul-2010
The claimant was injured in a road traffic accident in Spain, and sought to claim here. . .
Cited – Maher and Another v Groupama Grand Est CA 12-Nov-2009
Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of . .
Cited – Wall v Mutuelle De Poitiers Assurances QBD 25-Jan-2013
. .
Cited – Cox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic, Insurance

Updated: 12 July 2022; Ref: scu.262915

GFK v OHMI-Bus (Online Bus): ECFI 24 Nov 2005

ECJ Community trade mark – Application for the Community word mark Online Bus – Earlier figurative trade mark composed of the word -BUS- and a figure made up of three interlaced triangles – Genuine use of the earlier mark – Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 – Likelihood of confusion -? Article 8(1)(b) of Regulation No 40/94.

Citations:

T-135/04, [2005] EUECJ T-135/04

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 12 July 2022; Ref: scu.235304

Simonds Farsons Cisk v Ohmi-Spa Monopole (Kinji By Spa): ECFI 24 Nov 2005

ECJ Community trade mark – Opposition procedure – Application for registration of a Community figurative mark containing the verbal element -KINJI by SPA- Earlier Community word mark KINNIE – Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 – Article 73 of Regulation No 40/94.

Citations:

T-3/04, [2005] EUECJ T-3/04

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 12 July 2022; Ref: scu.235310

Schwarz v Burgermeister der Landeshauptstadt Salzburg: ECJ 24 Nov 2005

ECJ Free movement of goods – Quantitative restrictions – Measures having equivalent effect – National legislative provision prohibiting the sale of non-packaged confectionery from vending machines – Hygiene of foodstuffs.

Citations:

C-366/04, [2005] EUECJ C-366/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.235309

Lauzikas, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2018

Challenge to detention of EU citizen pending deportation after completion of sentence. Proportionality.

Judges:

Michael Fordham QC

Citations:

[2018] 3 CMLR 31, [2018] EWHC 1045 (Admin), [2018] 4 All ER 141, [2018] WLR(D) 278, [2018] 1 WLR 5299

Links:

Bailii, WLRD

Statutes:

Immigration (European Economic Area) (Amendment) Regulations 2012, Council Directive 2004/38/EC, Immigration (European Economic Area) Regulations 2006

Jurisdiction:

England and Wales

Immigration, European

Updated: 12 July 2022; Ref: scu.614982

Roz-Swit v Dyrektor Izby Celnej we Wroclawiu: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Excise duties – Directive 2003/96/EC – Differentiated rates of excise duty for motor fuels and heating fuels – Condition for the application of the rate for heating fuels – Submission of a monthly list of statements that the products purchased are for heating purposes – Application of the rate of excise duty laid down for motor fuels where that list is not submitted – Principle of proportionality

Judges:

C. Lycourgos, P

Citations:

C-418/14, [2016] EUECJ C-418/14, ECLI:EU:C:2016:400

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 12 July 2022; Ref: scu.565149

Pensioenfonds Metaal En Techniek: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of pension funds’ income – Difference in treatment of resident and non-resident pension funds – Resident pension funds subject to lump sum taxation on the basis of a notional yield – Withholding tax applied to dividends received by non-resident pension funds – Whether comparable

Citations:

C-252/14, [2016] EUECJ C-252/14, ECLI:EU:C:2016:402,

Links:

Bailii

Statutes:

TFEU 63

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.565145

Polihim-SS EOOD v Nachalnik na Mitnitsa Svishtov: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Indirect taxation – Excise duties – Directive 2008/118/EC – Chargeability of excise duties – Article 7(2) – Concept of ‘departure of excise goods from a duty suspension arrangement’ – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Use of energy products to produce electricity – Purchase and resale by an intermediate purchaser of energy products located in a tax warehouse – Direct delivery of energy products to an operator for the production of electricity – Indication of the intermediate purchaser as the ‘consignee’ of the products in the tax documents – Infringement of the requirements of national law as regards exemption from excise duty – Refusal of exemption – Proof of the use of the products in circumstances permitting exemption from excise duty – Proportionality

Citations:

C-355/14, [2016] EUECJ C-355/14, ECLI:EU:C:2016:403

Links:

Bailii

Statutes:

Directive 2008/118/EC, Directive 2003/96/EC 14(1)(a)

Jurisdiction:

European

Customs and Excise

Updated: 12 July 2022; Ref: scu.565148

Pizzo v CRGT Srl: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Participation in a call for tenders – Possibility of relying on the capacities of other undertakings in order to satisfy the necessary criteria – Failure to pay a fee not expressly provided for – Exclusion from the contract without the possibility of rectifying that omission

Citations:

C-27/15, [2016] EUECJ C-27/15, ECLI:EU:C:2016:404

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.565147

UK Coal Mining Ltd v National Union of Mineworkers (Northumberland Area) and Another: EAT 27 Sep 2007

The employer appealed against a protective award made for failing to consult the union on prospective redundancies.
Held: The appeal failed. The duty to consult arose as soon as the redundancies were fixed as a clear, even if there had been only a provisional intention. There was also a duty to consult as to the reasons for the redundancies. The case of Vardy had now been superceded, and there is an obligation to consult over the reason for a redundancy, and where the reason is closure, the consultation should include the reasons for the closure.
EAT
Redundancy – Collective consultation and information / Protective award
The Employment Tribunal made maximum protective awards for failure to consult properly over mass redundancies at the Ellington Colliery in Northumberland. The employers contended that the Tribunal had erred in its approach, which caused it to minimise the extent and nature of the consultation which had occurred. In particular, they contended that it had erred in its approach to special circumstances, and in fixing the appropriate length of the protective award.
The two trade union respondents contended that the decision should be upheld on the facts, and in a cross appeal further submitted that the Tribunal was wrong to take the view -which they did in the light of binding authority- that there was no obligation to consult over the reason for the closure itself.
The EAT dismissed the appeal and upheld the cross appeal. Dictum of Glidewell LJ in R v British Coal and Secretary of State for Trade and Industry ex parte Vardy [1993] ICR 720, 752 to the effect that there need be no consultation over closure held to be no longer good law in the light of changes to the statutory provisions.

Judges:

Elias J P

Citations:

[2007] UKEAT 0397 – 06 – 2709, Times 23-Nov-2007, [2008] ICR 163, [2008] IRLR 4

Links:

Bailii

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 188, Council Directive 98/59/EC

Jurisdiction:

England and Wales

Citing:

Cited – Susie Radin Ltd v GMB and others CA 20-Feb-2004
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. . .
No Longer Good Law – Regina v British Coal and Secretary of State for Trade and Industry ex parte Vardy QBD 1993
Glidewell LJ considered the significance of the difference between the wording of the EC Directive, and the section implementing it and said: ‘In my view the difference between the wording of the Directive and the wording of section 188 of the Act . .
Cited – Commission v Greece ECJ 21-Sep-1989
Europa 1. There is an inseparable link between the obligation to establish the Community’s own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the . .
Cited – MSF v Refuge Assurance Plc, United Friendly Insurance EAT 15-Feb-2002
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as . .
Cited – Scotch Premier Meat Ltd v Stuart Burns and others EAT 28-Apr-2000
EAT Redundancy – Definition . .
Cited – Junk v Kuhnel ECJ 27-Jan-2005
ECJ Social Policy – Directive 98/59/EC – Collective redundancies – Consultation with workers’ representatives – Notification to the competent public authority – Concept of ‘redundancy’ – Time at which redundancy . .
Cited – Leicestershire County Council v Unison EAT 2-Sep-2005
EAT Redundancy: Protective Award
Employment Tribunal correctly applied the judgment in Susie Radin v GMB [2004] ICR 893 in its approach to the calculation of a protective award for one group of workers, . .
Cited – Middlesbrough Borough Council v TGWU Unison EAT 4-May-2001
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham.
Held: Fair consultation involves giving the body consulted a fair and . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Securicor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .

Cited by:

Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 12 July 2022; Ref: scu.261535

SP v Commission (ECSC) T-97/03: ECFI 25 Oct 2007

ECJ Agreements, decisions and concerted practices Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty Lack of competence of the Commission.

Citations:

T-97/03, [2007] EUECJ T-97/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 12 July 2022; Ref: scu.261348

Bavarian Lager v Commission: ECFI 8 Nov 2007

ECJ Access to documents Regulation (EC) No 1049/2001 Documents relating to proceedings for failure to fulfil obligations Decision refusing access – Protection of physical persons in relation to processing of personal data Regulation (EC) No 45/2001 – Concept of private life.

Citations:

T-194/04, [2007] EUECJ T-194/04

Links:

Bailii

European

Updated: 12 July 2022; Ref: scu.261354

Wessenfels v Parliament: ECJ 20 Sep 2007

ECJ (Staff Regulations) Appeal – Remuneration – Dependent child allowance – Deduction of the amount of an allowance of like nature paid from other sources – Unlimited jurisdiction – Disputes of a financial character

Citations:

C-135/06, [2007] EUECJ C-135/06

Links:

Bailii

European

Updated: 12 July 2022; Ref: scu.259604

Bayerischer Rundfunk and Others (Law Relating To Undertakings): ECJ 6 Sep 2007

ECJ Directives 92/50/EEC and 2004/18/EC Public service contracts – Public broadcasting bodies – Contracting authorities Bodies governed by public law Condition that the activity of the institution be ‘financed, for the most part, by the State’

Citations:

C-337/06, [2007] EUECJ C-337/06

Links:

Bailii

Statutes:

Directive 92/50/EEC, Directive 2004/18/EC

European

Updated: 11 July 2022; Ref: scu.259238

Hendrix (Social Policy): ECJ 11 Sep 2007

ECJ Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non contributory benefits Netherlands benefit for disabled young people Non-exportability.

Citations:

C-287/05, [2007] EUECJ C-287/05

Links:

Bailii

Jurisdiction:

European

European

Updated: 11 July 2022; Ref: scu.259298

AG and others (EEA-Jobseeker-Self-Sufficient Person-Proof) Germany: IAT 3 Aug 2007

IAT (i) To qualify as a ‘jobseeker’ under reg 6(1)(a) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) an EEA national must meet all three requirements set out at reg 6(4), including that he be a person who entered the United Kingdom in order to seek employment.
(ii) A person who is a jobseeker can also qualify as a ‘worker’ under reg 6(1)(b) but the requirements applied by ECJ case law in respect of workers-as-jobseekers are essentially the same as those set out in reg 6(1)(a).
(iii) In considering what period of time a jobseeker has to find work, 6 months may be a general rule of thumb, but there is no fixed time limit. The ECJ in Antonissen [1991] ECR I-745, Case C-344/95 decided that the period must be a ‘reasonable period’ and the assessment of what is ‘reasonable’ must be made in the context of each individual case. Thus it may sometimes be less, sometimes more, than 6 months. In all cases, however, the period in question must start from the date of the person’s arrival in the United Kingdom.
(iv) To satisfy the self-sufficiency requirement of the EEA Regulations, under reg 4(4) the resources of a family member cannot be aggregated with those of the EEA national where those resources are derived from past employment of that family member: W(China) and X(China) [2006] EWCA Civ 1494, GM and AM [2006] UKAIT 00059 and MA and others [2006] UKAIT 00090 applied.
(v) The burden of proof is on the applicant/appellant to establish any EEA right of admission or residence. A failure to substantiate any such right – for example by failing to produce relevant evidence – is likely to mean that the claim/appeal will fail.

Judges:

Storey, Grubb SIJJ

Citations:

[2007] UKAIT 00075

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006 6(1)(a)

Immigration, European

Updated: 11 July 2022; Ref: scu.259283

Merck Genericos Produtos Farmaceuticos v Merck and Co Inc: ECJ 11 Sep 2007

ECJ (External Relations) Agreement establishing the World Trade Organisation Article 33 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs) Patents Minimum term of protection Legislation of a Member State providing for a lesser term Article 234 EC Jurisdiction of the Court Direct effect.

Citations:

[2007] ECR I-7001, C-431/05, [2007] EUECJ C-431/05

Links:

Bailii

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.259300

Sweden v Commission And Others (Law Governing The Institutions): ECJ 18 Jul 2007

ECJ Appeal Access to documents of the institutions Documents of the German authorities concerning the declassification of a site protected under the Directive on the conservation of natural habitats Refusal.

Citations:

C-64/05, [2007] EUECJ C-64/05

Links:

Bailii

Cited by:

Cited – Office of Communications v The Information Commissioner SC 27-Jan-2010
The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 11 July 2022; Ref: scu.259235

Oy Aa (Freedom of Establishment): ECJ 18 Jul 2007

ECJ Opinion – Freedom of establishment Corporate tax legislation Ability of a company to deduct sums paid by way of intra-group transfer Obligation on the transferee company also to have its establishment in the Member State concerned.

Judges:

Kokott AG

Citations:

[2006] ECR I-8209, C-231/05, [2006] EUECJ C-231/05

Links:

Bailii

Cited by:

Opinion – Oy Aa (Freedom of Establishment) ECJ 18-Jul-2007
ECJ Freedom of establishment – Corporate tax legislation – Ability of a company to deduct sums paid by way of intra-group transfer – Obligation on the transferee company also to have its establishment in the . .
Lists of cited by and citing cases may be incomplete.

European, Corporation Tax

Updated: 11 July 2022; Ref: scu.259230

Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007

The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as ‘expressing the Community legislature’s intention not to exclude from their scope the protection of the right to property or situations in which authors seek to obtain that protection in civil proceedings’.
ECJ ‘The present reference for a preliminary ruling thus raises the question of the need to reconcile the requirements of the protection of different fundamental rights, namely the right to respect for private life on the one hand and the rights to protection of property and to an effective remedy on the other.
The mechanisms allowing those different rights and interests to be balanced are contained, first, in Directive 2002/58 itself, in that it provides for rules which determine in what circumstances and to what extent the processing of personal data is lawful and what safeguards must be provided for, and in the three directives mentioned by the national court, which reserve the cases in which the measures adopted to protect the rights they regulate affect the protection of personal data. Secondly, they result from the adoption by the Member States of national provisions transposing those directives and their application by the national authorities (see, to that effect, with reference to Directive 95/46, Lindqvist at [82]).
As to those directives, their provisions are relatively general, since they have to be applied to a large number of different situations which may arise in any of the Member States. They therefore logically include rules which leave the Member States with the necessary discretion to define transposition measures which may be adapted to the various situations possible (see, to that effect, Lindqvist at [84]).
That being so, the Member States must, when transposing the directives mentioned above, take care to rely on an interpretation of the directives which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order. Further, when implementing the measures transposing those directives, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with those directives but also make sure that they do not rely on an interpretation of them which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality (see, to that effect, Lindqvist at [87]; and Ordre des Barreaux Francophones and Germanophone v Conseil des Ministres (C-305/05) [2007] 3 C.M.L.R. 28 at [28]).
Moreover, it should be recalled here that the Community legislature expressly required, in accordance with Art.15(1) of Directive 2002/58, that the measures referred to in that paragraph be adopted by the Member States in compliance with the general principles of Community law, including those mentioned in Art.6(1) and (2) TEU.
In the light of all the foregoing, the answer to the national court’s question must be that Directives 2000/31, 2001/29, 2004/48 and 2002/58 do not require the Member States to lay down, in a situation such as that in the main proceedings, an obligation to communicate personal data in order to ensure effective protection of copyright in the context of civil proceedings. However, Community law requires that, when transposing those directives, the Member States take care to rely on an interpretation of them which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order. Further, when implementing the measures transposing those directives, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with those directives but also make sure that they do not rely on an interpretation of them which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality.’

Citations:

C-275/06, [2007] EUECJ C-275/06, [2008] 2 CMLR 17

Links:

Bailii

Statutes:

Directive 2002/58/EC 15(1)

Cited by:

See Also – Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU ECJ 29-Jan-2008
ECJ Information society Obligations of providers of services Retention and disclosure of certain traffic data Obligation of disclosure Limits Protection of the confidentiality of electronic communications . .
Cited – British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills Admn 20-Apr-2011
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to . .
Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Lists of cited by and citing cases may be incomplete.

European, Information

Updated: 11 July 2022; Ref: scu.259232

RBS Deutschland Holdings Gmbh v Revenue and Customs: VDT 24 Jul 2007

VDT VAT – deduction of input tax – leasing of cars within UK by German subsidiary company – cars purchased within UK, remaining there and subject to VAT in UK – leasing deemed to be supply of services in Germany for UK tax purposes – no VAT exigible in Germany on these payments – whether input tax on purchase of motor cars deductible – Sixth Directive, Article 17 – Sections 24, 26, VATA – whether deduction precluded by abusive practice – appeal allowed.

Citations:

[2007] UKVAT V20267

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At VDT (1) – RBS Deutschland Holdings Gmbh v Customs and Excise VDT 16-Nov-2004
VDT Application: Interlocutory Hearing – Jurisdiction – whether appeal raised in Edinburgh should be transmitted to London in respect that there was another connected appeal there – whether Appellants with . .
At VDT (2) – RBS Deutschland Holdings Gmbh v Revenue and Customs VDT 3-May-2005
VDT Applications – opposed motion to sist part of the proceedings in the appeal pending an ECJ Decision: Application for an order for disclosure of documents – necessity of documents, relevance to issue . .
At Inner House – Revenue and Customs v RBS Deutschland Holdings Gmbh SCS 13-Jan-2006
SCS The taxpayer, a German subsidiary of a UK bank, carried on a banking and leasing business in Germany. It did not have a place of establishment in the UK. It was registered in the UK for VAT as a . .

Cited by:

At VDT (3) – Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 30-Sep-2010
ECJ Opinion – Interpretation of Article 17(3)(a) of the Sixth VAT Directive – Transactions carried out with the sole aim of obtaining a tax advantage – Provision of vehicle leasing services in the United Kingdom . .
At VDT (3) – Commissioners for Her Majesty’s Revenue and Customs v RBS Deutschland Holdings ECJ 22-Dec-2010
ECJ Sixth VAT Directive – Right to deduction – Purchase of vehicles and use for leasing transactions – Differences between the tax regimes of two Member States – Prohibition of abusive practices
‘taxable . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 11 July 2022; Ref: scu.259029

Standertskjoed-Nordenstam v Commission: ECFI 22 Feb 2006

‘Officials – Second-class promotion’ – 2003 promotion exercise – Non-inclusion in the list of officials selected for promotion to grade A 3 – Violation of Article 45 of the Staff Regulations and the principle of equality treatment

Citations:

T-437/04, [2005] EUECJ T-437/04, [2006] EUECJ T-437/04

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 11 July 2022; Ref: scu.238849

Grifoni v EAEC (Rec 1994,P I-341) (Judgment): ECJ 3 Feb 1994

Europa 1. Financial and non-financial loss suffered by a natural person following an accident involving that person in the course of works carried out for the account of the European Atomic Energy Community on a building situated in a Member State must, under the second paragraph of Article 188 of the EAEC Treaty, be assessed and made good in accordance with the general principles common to the laws of the Member States.

Although national law does not apply, compensation in respect of financial loss may be calculated by reference to the capitalization coefficient corresponding to natural life expectancy and to the rate of deduction to take account of active life expectancy on the basis of the statistical information available in the Member State concerned.

With regard to non-financial loss incurred by the victim, which includes all physical or mental suffering, the Court may grant a lump-sum amount assessed in the light of the injuries suffered and their sequelae.

2. In connection with the compensation payable in respect of loss and intended to restore as far as possible the financial position of the victim of an accident inflation subsequent to the event occasioning loss must be taken into account. The amount of compensation adjusted to take account of inflation bears interest for delayed payment at the annual rate of 8% with effect from the date of the Court’ s judgment until actual payment.

Citations:

C-308/87

Jurisdiction:

European

European

Updated: 11 July 2022; Ref: scu.134731

WHA Ltd and Another v Revenue and Customs: CA 17 Jul 2007

The court considered the European principle of abuse of right.
Held: Lord Neuberger, delivering the leading judgment rejected the submission that the court was confined to considering the artificiality or purpose of each individual step, since these will commonly be individually unassailable but designed to produce the tax advantage in combination.

Judges:

Waller LJ VP, Latham LJ, Lord Neuberger of Astbury

Citations:

[2007] EWCA Civ 728

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At CA – WHA Ltd and Another v Customs and Excise CA 14-May-2004
. .
At ChD – WHA Ltd and Another v Customs and Excise ChD 28-Feb-2003
The taxpayer appealed against a finding that it was unable to recover input VAT in its transactions. A scheme had been devised for the processing of claims and repairs in motor vehicle accidents.
Held: (1) WHA could treat the VAT payable on . .

Cited by:

Appeal from – WHA Ltd and Another v Revenue and Customs SC 1-May-2013
The Court was asked as to the effectiveness of a scheme, known as Project C, designed to minimise the overall liability to VAT of a group of companies involved in motor breakdown insurance.
Held: The court dismissed WHA’s appeal. There had . .
Approved – 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.

VAT, European

Updated: 11 July 2022; Ref: scu.258303

Mulhens v OHMI – Minoronzoni (Tosca Blu): ECFI 11 Jul 2007

ECJ Community trade mark – Opposition procedure Application for figurative Community trade mark TOSCA BLU Earlier national word mark TOSCA Relative grounds for refusal Well-known trade mark within the meaning of Article 6 bis of the Paris Convention Article 8(1)(b) of Regulation (EC) No 40/94 Article 8(5) of Regulation (EC) No 40/94.

Citations:

T-150/04, [2007] EUECJ T-150/04

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.258203

Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18.
Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art 18, Lloyd LJ analysed the jurisprudence of the Court of Justice before concluding: ‘It seems to me, on the basis of those decisions, in particular that of Trojani’s case . . that Article 18 EC does not create a right of residence for an EU citizen in another Member State, in a case in which the limitations imposed under Council Directive 90/364/EEC are not satisfied, and that those limitations are proportionate to the legitimate objective in protecting the public finances of the host Member State.’

Judges:

Sir Andrew Morritt Ch, Lloyd LJ, Moses LJ

Citations:

[2007] EWCA Civ 657, [2008] 1 WLR 254, [2007] 4 All ER 882

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kaczmarek v Secretary of State for Work and Pensions CA 27-Nov-2008
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit . .
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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 11 July 2022; Ref: scu.254459

Hutchison 3G And Others (Taxation): ECJ 26 Jun 2007

ECJ Sixth VAT Directive Taxable transactions Definition of ‘economic activity’ Article 4(2) Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services.

Citations:

Times 03-Jul-2007, C-369/04, [2007] EUECJ C-369/04, [2006] EUECJ C-369/04

Links:

Bailii, Bailii

European, VAT

Updated: 11 July 2022; Ref: scu.254397

L’Oreal SA v OHIM, Revlon (Switzerland) SA intervening: ECJ 27 Apr 2006

The court considered what would amount to similarity beween two trade mark signs.
Held: So far as concerns the assessment of similarity, what must be concentrated on is the perception of the relevant public. As to a complex mark, that the extent of the distinctiveness of an element of a complex mark will be a guiding factor in determining whether such distinctiveness will dominate the overall impression conveyed by that mark, irrespective of the assessment of the similarity of the two signs. ‘It follows that the distinctive character of the earlier mark cannot have the significance which the applicant argues it should be given in the comparison of the signs in question, as it is not a factor which influences the perception which the consumer has of the similarity of the signs.’
The court identify the relevant types of injury against which a trade mark provides protection: (a) detriment to the distinctive character of the registered mark (‘dilution’ or a weakening of the registered mark’s ability to identify the services as those of the proprietor of the mark): or
(b) detriment to the repute of the mark (‘tarnishment’ which reduces the power of attraction of the registered mark because it has a negative impact on the image of the registered mark): or
(c) taking an unfair advantage (sometimes called ‘free riding’ or an exploitation of the reputation of the registered mark).

Citations:

C-235/05, [2006] EUECJ C-235/05, [2006] ECR I-57

Links:

Bailii

Cited by:

Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.254376

Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 28 Jun 2007

The Secretary of State appealed against a referral by the High court to the European Court of Justice.
Held: The Court of Appeal had jurisdiction to review a reference to the European Court, but if it could not itself in all confidence resolve the referred issue, it could allow the reference to proceed.

Citations:

Times 30-Jul-2007, [2007] EWCA Civ 620

Links:

Bailii

Jurisdiction:

England and Wales

European

Updated: 11 July 2022; Ref: scu.253744

Solicitor, Re A No 2 of 2007 Dr Sabine Pittrof: CA 15 May 2007

The claimant sought review of the refusal of the Law Society to grant her exemptins from examination in certain areas of practice in English law. She a lawyer registered in Germany with substantial commercial expertise. The Law Society said that for Litigation and property law, the experience required was experience in England.

Judges:

Sir Anthony Clarke MR

Citations:

[2007] EWCA Civ 597

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Legal Professions, European

Updated: 11 July 2022; Ref: scu.253686

Budejovicky Budvar v OHMI- Anheuser-Busch (Budweiser): ECFI 12 Jun 2007

ECFI Community trade mark Opposition proceedings Application for a Community figurative trade mark including the terms ‘AB’, ‘genuine’, ‘Budweiser’, ‘king of beers’ Earlier international word mark BUDWEISER Appellations of origin registered under the Lisbon Agreement Article 8(1)(b) and (4) of Regulation (EC) No 40/94 Partial acceptance and partial rejection of the opposition.

Citations:

T-57/04, [2007] EUECJ T-57/04

Links:

Bailii

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.253449

Glaxo Group Ltd v Genentech Inc and Another: PatC 15 Jun 2007

So far as patents are concerned, there is a rebuttable presumption in favour of staying English proceedings over EPO proceedings. This was an issue which might deserve consideration by the Court of Appeal.

Judges:

Lewison J

Citations:

[2007] EWHC 1416 (Pat)

Links:

Bailii

Cited by:

Cited – Kitfix Swallow Group Ltd v Great Gizmos Ltd ChD 22-Nov-2007
The defendant sought a stay of the proceedings for trade mark infringement to allow an application at OHMI for the revocation of the trade mark to be decided.
Held: The court should be cautious before applying practice on patents where the . .
Appeal from – Glaxo Group Ltd v Genentech Inc and Another CA 31-Jan-2008
The validity of a patent was challenged at the same time in both UK and European courts. Mummery LJ discussed the inherent consequences of a race between the jurisdictions: ‘the possibility of the duplication of proceedings contesting the validity . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 11 July 2022; Ref: scu.253475

Osterreichischer Rundfunk (Freedom To Provide Services): ECJ 24 May 2007

ECJ Freedom to provide services – Television broadcasting activities – Directives 89/552/EEC and 97/36/EC – Definition of ‘teleshopping’ and ‘television advertising’ Prize game

Citations:

C-195/06, [2007] EUECJ C-195/06 French Text

Links:

Bailii

Statutes:

Directive 89/552/EEC, Directive 97/36/EC

European, Media

Updated: 11 July 2022; Ref: scu.253339

Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 13 Jul 2006

ECJ (Opinion) Community aid schemes – Beef sector – Identification and registration of bovine animals – Slaughter premium – Integrated administration and control system – Community reductions and exclusions – National sanctions

Judges:

Leger AG

Citations:

C-45/05, [2006] EUECJ C-45/05

Links:

Bailii

Cited by:

Opinion – Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 24-May-2007
ECJ Agricultural structures Community aid schemes Beef and veal sector Identification and registration of bovine animals Slaughter premium Exclusion and reduction . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 11 July 2022; Ref: scu.253336

Lammerzahl GmbH v Freie Hansestadt Bremen: ECJ 7 Jun 2007

Judgment – Law Relating To Undertakings – Public contracts Directive 89/665/EEC Review procedures concerning the award of public contracts Limitation period Principle of effectiveness
Article 1 of the Directive required member states to take the measures necessary to ensure that: ‘as regards contracts falling within the scope of Directive 2004/18/EC, decisions taken by the contracting authorities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in articles 2 to 2f of this Directive, on the grounds that such decisions have infringed Community law in the field of public procurement or national rules transposing that law.’ The court was asked whether a national time limit for the bringing of proceedings was compatible with Directive 89/665.
Held: The time limit started to run if the alleged irregularity was identifiable on the basis of the tender notice.
The Advocate General asked what was the degree or nature of knowledge of an irregularity which might be attributed to a tenderer without breaching the effectiveness principle underlying the Directive. She observed: ‘It seems to me that a requirement of actual, or subjective, knowledge on the part of the tenderer would run counter to legal certainty. Furthermore, in circumstances such as those of the present case, it could be difficult to prove that a tenderer had actual knowledge of an irregularity, and a requirement of such proof would hardly be consistent with the need for a rapid review process.
It therefore seems preferable to formulate the test in terms of a standard of deemed, or objective, knowledge. The court already applies an objective standard in respect of tenderers’ ability to interpret award criteria against the yardstick of equality of treatment in public procurement, namely the ability of a ‘reasonably well-informed and normally diligent tenderer’. The same formula seems appropriate in the context of what knowledge of an irregularity in the tender procedure it is reasonable to deem a tenderer to possess.’

Judges:

A. Rosas, P

Citations:

C-241/06, [2007] EUECJ C-241/06, [2007] ECR I-8415, [2008] 1 CMLR 19

Links:

Bailii

Statutes:

Directive 89/665/EEC

Cited by:

Cited – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .
Lists of cited by and citing cases may be incomplete.

European, Administrative

Updated: 11 July 2022; Ref: scu.253353

Byrne (A Minor) v The Motor Insurers Bureau, Secretary of State for Transport: QBD 5 Jun 2007

The court was asked whether the UK provisions for the Motor Insurers bureau met the requirements of the European Directive.
Held: The UK had failed to implement the directive properly by imposing a three year limit on claims when no such limitation was allowed by the directive. That failure arose not from any policy, but mere and inexcusable inadvertence. The breach was sufficiently serious to leave the Secretary of State liable for damages.

Judges:

Flaux J

Citations:

[2007] EWHC 1268 (QB), Times 15-Jun-2007, [2008] 2 WLR 234

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Byrne (A Minor) v The Motor Insurers Bureau and Another CA 22-May-2008
The claimant said that the rejection of his claim against the MIB was out ouf time under the MIB scheme, where, had the claim been against the driver, the claim would have succeeded.
Held: The Bureau’s appeal failed. European law imposed a . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Personal Injury, European

Updated: 11 July 2022; Ref: scu.253212

Commission v Netherlands: ECJ 24 Apr 2007

ECJ Failure by a Member State to fulfil its obligations – Conclusion by a Member State of a bilateral air transport agreement with the United States of America – Right of establishment Secondary law governing the internal market in air transport – External competence of the Community.

Citations:

[2007] EUECJ C-523/04

Links:

Bailii

European, Transport

Updated: 11 July 2022; Ref: scu.251873

Boehringer Ingelheim KG v Swingward Ltd: ECJ 6 Apr 2006

Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case concerned the circumstances in which a trade mark owner may rely on his trade mark rights to prevent a parallel importer who has repackaged products bearing the trade mark from marketing those products.
2. In the judgment of the Court of Appeal which led up to the order for reference, Lord Justice Jacob said: ‘Sometimes I think the law may be losing a sense of reality in this area – we are, after all, only considering the use of the owner’s trade mark for his goods in perfect condition. The pickle the law has got into would, I think, astonish the average consumer.’
3. I agree. It seems to me that after 30 years of case-law on the repackaging of pharmaceutical products it should be possible to distil sufficient principles to enable national courts to apply the law to the constantly replayed litigation between manufacturers and parallel importers. I will attempt to articulate such principles in this Opinion. I would then hope that national courts will play their part robustly in applying the principles to the facts before them without further requests to fine-tune the principles. Every judge knows that ingenious lawyers can always find a reason why a given proposition does or does not apply to their client’s situation. It should not however in my view be for the Court of Justice to adjudicate on such detail for evermore. (3)

Judges:

Sharpston AG

Citations:

[2006] EUECJ C-348/04

Links:

Bailii

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 . .
See also – Boehringer Ingelheim KG v Swingward Ltd ECJ 26-Apr-2007
ECJ (Free Movement of Goods) Industrial and commercial property – Trade mark rights – Pharmaceutical products – Parallel imports – Repackaging of the product bearing the trade mark. . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 11 July 2022; Ref: scu.251860

Freistaat Sachsen v Commission (State Aid): ECFI 3 May 2007

ECJ State aid – Aid granted by the authorities of the Land Saxony Aid scheme for small and medium-sized enterprises Accelerated clearance procedure Application ratione temporis of the Community guidelines and of the exempting regulation concerning aid to small and medium-sized enterprises Aid scheme notified before the entry into force of the exempting regulation Legitimate expectations Legal certainty Complete notification).

Citations:

[2007] EUECJ T-357/02

Links:

Bailii

European

Updated: 11 July 2022; Ref: scu.251896

Asociaciacion Nacional De Empresas Forestales: ECJ 19 Apr 2007

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

Citations:

[2007] EUECJ C-295/05

Links:

Bailii

Jurisdiction:

European

Cited by:

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

European

Updated: 11 July 2022; Ref: scu.251859

De Landtsheer Emmanuel v Comite Interprofessionnel du Vin de Champagne: ECJ 19 Apr 2007

ECJ Approximation of Laws – Directives 84/450/EEC and 97/55/EC – Comparative advertising Identifying a competitor or the goods or services offered by a competitor Goods or services satisfying the same needs or with the same purpose Reference to designations of origin.

Citations:

[2007] EUECJ C-381/05, [2007] ECR I-3115, [2007] Bus LR 1484

Links:

Bailii

Statutes:

Directive 84/450/EEC, Directive 97/55/EC

Citing:

Opinion – De Landtsheer Emmanuel SA v Comite Interprofessionnel du Vin de Champagne and Veuve Clicquot Ponsardin SA ECJ 30-Nov-2006
ECJ (Approximation Of Laws) Opinion – Directives 84/450/EEC and 97/55/EEC – Comparative advertising – Concept – Identification of a competitor or of the goods or services offered by a competitor – Conditions . .

Cited by:

Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v The Independent Reviewer of Advertising Standards Authority Adjudications Admn 10-Nov-2014
The two supermarkets had price matching comparison schemes. Sainburys complained that the Independent Reviewer’s decsion that the ASA’s response to is complant as to the Tesco scheme was itself flawed. They had complained that the selections for . .
Lists of cited by and citing cases may be incomplete.

European, Media

Updated: 11 July 2022; Ref: scu.251875

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame.
Held: The appeals failed. Chapter 55 of the EIG does not establish objective criteria for the assessment of whether an applicant for international protection who is subject to a Dublin III transfer procedure may abscond; its contents do not constitute a framework with certain predetermined limits; and it does not set out the limits of the flexibility of the relevant authorities in assessing the circumstances of each case in a manner which is binding and known in advance. It follows that Chapter 55 of the EIG cannot satisfy the requirements of articles 28(2) and 2(n) of the Dublin III Regulation and the majority of the Court of Appeal were right so to hold.
They were all detained unlawfully and are entitled to damages under domestic law for false imprisonment. I would transfer these proceedings to the County Court for the assessment of the quantum of those damages, if that quantum cannot be agreed.

Judges:

Lady Hale, President, Lord Reed, Deputy President, Lord Wilson, Lady Arden, Lord Kitchin

Citations:

[2019] UKSC 56, [2019] 3 WLR 1156, [2021] AC 143, [2020] HRLR 4, 47 BHRC 600, [2020] INLR 260, [2020] 1 All ER 669, [2020] WLR(D) 12, UKSC 2018/0197

Links:

Bailii Summary, Bailii, WLRD, SC, SC Summary, SC Summary Video, SC 29 Jul 2019 am Video, SC 29 Jul 2019 pm Video, SC 30 Jul 2019 am Video

Statutes:

Parliament and Council Regulation (EU) No 604/2013, Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

At Admn – SS, Regina (on The Application of) v Secretary of State for The Home Department and Another Admn 26-May-2017
The claimant sought asylum, claiming to be a child.
Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he . .
At CA (Appeal from) – Hemmati and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 4-Oct-2018
Conjoined hearing of appeals in respect of three judgments covering the cases of five individual immigrants who were placed in detention for periods pending possible removal to other EU Member States pursuant to the asylum claim arrangements under . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Cited – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 23-Nov-2017
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. . .
At Admin (1) – Khaled v SS Home Department Admn 18-Apr-2016
The Court was asked as to the making of orders for the return of asylum seekers to Bulgaria, being their first country of arrival within the EU. The claimants challenged both the lawfulness of their removal and the lawfulness of their detention.
Cited – Abdulkadir and Another, Regina (on The Application of) v The Secretary of State for The Home Department Admn 28-Jun-2016
. .
Cited – Policie CR, Krajske reditelstvi policie Usteckeho kraje, odbor cizinecke policie v Al Chodor and Others ECJ 15-Mar-2017
Police detention of Immigrants to follow rules
ECJ (Judgment) Reference for a preliminary ruling – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Kruslin v France ECHR 24-Apr-1990
Hudoc The claimant complained of the interception of her telephone calls.
Held: The condition of legality relates to the characteristics of the legislation itself, and not just to its application in the . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – Dougoz v Greece ECHR 6-Mar-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Parker v The Chief Constable of Essex Police CA 11-Dec-2018
The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for . .

Cited by:

Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Damages

Updated: 11 July 2022; Ref: scu.645432

Villiers v Villiers: SC 1 Jul 2020

Maintenance in England, divorce in Scotland

H disputed the right of W to seek maintenance before and English court, saying that the parties had mostly lived in Scotland, and the divorce was being conducted there.
Held: (Wilson, Hales LL dissenting) H’s appeal failed. The divorce and the maintenance action were distinct, and the European Regulations gave the England court jurisdiction.

Judges:

Lady Hale, Lord Kerr, Lord Wilson, Lady Black, Lord Sales

Citations:

[2020] UKSC 30, [2020] 2 FLR 917, [2020] 2 FCR 815, [2020] WLR(D) 391, [2021] 1 All ER 175

Links:

Bailii, Bailii Summary, WLRD

Statutes:

Matrimonial Causes Act 1973 27, Council Regulation (EC) No 4/2009

Jurisdiction:

England and Wales

Family, Jurisdiction, European

Updated: 11 July 2022; Ref: scu.652175

V v Commission (Staff Regulations): ECFI 21 Feb 2006

Europa Officials – Dismissal for incompetence – Article 51 of the Staff Regulations – Manifest error of assessment – Misuse of powers – Duty of care – Rights of the defense – Proportionality – Equal treatment – Statement of reasons – Staff report – Admissibility – Interest in bringing proceedings

Citations:

T-313/03, [2005] EUECJ T-313/03, [2005] EUECJ T-313/03, [2006] EUECJ T-313/03

Links:

Bailii, Bailii, Bailii

Jurisdiction:

European

European

Updated: 10 July 2022; Ref: scu.238851

Van Hilten-Van Der Heijden v Inspecteur van de Belastingdienst/Particulieren/Ondernemingen buitenland te Heerlen: ECJ 23 Feb 2006

ECJ Capital movements – Article 73B(1) of the EC Treaty (now Article 56(1) EC) – Inheritance tax – Legal fiction that a national of a Member State who dies within ten years of ceasing to reside in that Member State is deemed to have been resident there at the time of his death – Non-member State.

Citations:

C-513/03, [2005] EUECJ C-513/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 10 July 2022; Ref: scu.238852

Standertskjoed-Nordenstam v Commission (Staff Regulations): ECFI 22 Feb 2006

ECJ Officials – Second-class promotion’ – 2003 promotion exercise – Non-inclusion in the list of officials selected for promotion to grade A 3 – Violation of Article 45 of the Staff Regulations and the principle of equality treatment

Citations:

T-441/04, [2006] EUECJ T-441/04

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 10 July 2022; Ref: scu.238850

Eichsfelder Schlachtbetrieb GmbH v Hauptzollamt Hamburg-Jonas: ECJ 21 Jul 2005

ECJ Agriculture – Common organisation of the markets – Export refunds – Conditions for granting them – Import of the product into the non-member country of destination – Meaning – Customs formalities for release for consumption in the non-member country – Substantial processing or working – Reimportation into the Community – Abuse of law.

Citations:

C-515/03, [2005] EUECJ C-515/03

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 10 July 2022; Ref: scu.229141

Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Koln-Mitte: ECJ 31 May 2006

ECJ (Opinion) Tax legislation – Corporation tax – Offsetting of losses by parent companies – Losses due to a fall in the value of shares held in subsidiaries established in other Member States

Judges:

Maduro AG

Citations:

[2006] EUECJ C-347/04

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Koln-Mitte ECJ 29-Mar-2007
ECJ Freedom of establishment – Corporation tax – Immediate offsetting of losses incurred by parent companies – Losses stemming from write-downs to the book value of shareholdings in subsidiaries established in . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax

Updated: 10 July 2022; Ref: scu.251132

Regione Siciliana v Commission: ECJ 22 Mar 2007

ECJ (Regional Policy) Appeal – European Regional Development Fund (ERDF) – Closure of Community financial assistance – Action for annulment – Admissibility – Local or regional entity – Measures of direct and individual concern to that entity – Direct concern.

Citations:

C-15/06, [2007] EUECJ C-15/06

Links:

Bailii

Jurisdiction:

European

European

Updated: 10 July 2022; Ref: scu.251131

Lansstyrelsen i Norrbottens lan v Lapin liitto: ECJ 8 Mar 2007

ECJ (Regional Policy) Regulation (EC) No 1685/2000 Annex Point 1.8 of Rule No 1 Structural Funds Eligibility of expenditure – Taking into account of overheads.

Citations:

C-289/05, [2007] EUECJ C-289/05

Links:

Bailii

Statutes:

Regulation (EC) No 1685/2000

Citing:

Opinion – Lansstyrelsen i Norrbottens lan v Lapin liitto ECJ 14-Sep-2006
ECJ Opinion – Reference for a preliminary ruling – Hallinto-oikeus at Rovaniemi – Interpretation of point 1.7 of Rule No 1 of the Annex to Commission Regulation (EC) 1685/2000 of 28 July 2000 laying down detailed . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 10 July 2022; Ref: scu.251124

Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 22 Jun 2006

ECJ (Opinion) Agricultural structures – Community aid schemes – Beef and veal sector – Available forage area – Parcel temporarily under water during the period in question

Judges:

Leger AG

Citations:

C-34/05, [2006] EUECJ C-34/05

Links:

Bailii

Statutes:

Regulation (EEC) No 3887/92, Regulation (EC) No 1254/1999

Cited by:

Opinion – Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 1-Mar-2007
ECJ (Judgment) Community aid schemes Regulation (EEC) No 3887/92 Beef and veal sector Regulation (EC) No 1254/1999 Available forage area Definition Special premium Conditions for granting Parcel of land . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 10 July 2022; Ref: scu.249904

Weald Leasing Ltd v Revenue and Customs: VDT 6 Feb 2007

VDT VAT – AVOIDANCE – Abuse of rights – Appellant associate of exempt trader purchasing assets to lease to separate company to lease on to exempt trader – Associate outside VAT group – Associate credited with input tax on purchases – Insertion of separate company avoided direction under VATA 1994 Sch 6 para 1 – Purpose of transaction to avoid or defer VAT of exempt trader – Halifax ECJ [2006] STC 919 considered – Purpose of legislation – Whether transactions contrary to purpose – Redefinition of transactions if abuse – Appeal allowed

Citations:

[2007] UKVAT V20003

Links:

Bailii

Citing:

Cited – Halifax plc etc v Commissioners of Customs and Excise ECJ 21-Feb-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2), Article 5(1) and Article 6(1) – Economic activity – Supplies of goods – Supplies of services – Abusive practice – Transactions designed solely to . .

Cited by:

Appeal from – HM Revenue and Customs v Weald Leasing Ltd ChD 16-Jan-2008
. .
At VDT – Weald Leasing (Taxation) ECJ 26-Oct-2010
ECJ Opinion – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Concept of ‘abusive practice’ and ‘normal commercial operations’ – Transaction designed solely to obtain a tax advantage – Leasing and . .
At VDT – HM Revenue and Customs v Weald Leasing (Taxation) ECJ 2-Dec-2010
ECJ Sixth VAT Directive – Concept of ‘abusive practice’ – Leasing transactions effected by a group of undertakings to spread the payment of non-deductible VAT . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 10 July 2022; Ref: scu.249789

Loic Lallemand-Zeller v Commission of the European Communities: ECFI 14 Jan 1993

ECJ Procedure – Time-limit for bringing proceedings – Application for legal aid – Lodging of the application without the assistance of a lawyer within the time prescribed for bringing proceedings but prior to the initiation of proceedings – Suspension of the time-limit for bringing proceedings – (Rules of Procedure of the Court of First Instance, Art. 94)
The lodging of an application for legal aid without the assistance of a lawyer, within the time prescribed for bringing proceedings but prior to the initiation of proceedings, prevents time from running until the applicant is served with the order of the Court.

Citations:

T-92/92, [1993] EUECJ T-92/92

Links:

Bailii

Jurisdiction:

European

Legal Aid

Updated: 10 July 2022; Ref: scu.172608

Bioforce v Oberfinanzdirektion Munchen: ECJ 14 Jan 1993

ECJ The Common Customs Tariff must be interpreted as meaning that an extract of hawthorn with added alcohol, entitled ‘Weissdorn-Tropfen’ (hawthorn drops), must be classified under heading 30.04 of the Combined Nomenclature. Taken in appropriate doses determined by medical prescription, that product has clearly defined therapeutic and above all prophylactic characteristics, the effect of which is concentrated on precise functions of the human organism, namely the cardiac, circulatory and neuro-vegetative functions. Moreover, the alcohol contained in the product in question, however high the percentage may be, far from changing its nature, acts on the contrary as an adjuvant, a preservative and a vehicle for its active principles.

Citations:

C-177/91, [1993] EUECJ C-177/91, [1993] ECR I-45

Links:

Bailii

Jurisdiction:

European

Cited by:

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.

VAT

Updated: 10 July 2022; Ref: scu.160737

Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH: ECJ 19 Jan 1993

ECJ Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction in proceedings concerning contracts concluded by consumers – Concept of ‘consumer’ – Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual – Excluded (Convention of 27 September 1968, Art. 13, first para., and Art. 14, as amended by the 1978 Accession Convention)
The special system established by Article 13 et seq. of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is inspired by the concern to protect the consumer, as the party deemed to be economically weaker and less experienced in legal matters than the other party to the contract, so that the consumer must not be discouraged from suing by being compelled to bring his action before the courts in the Contracting State in which the other party to the contract is domiciled. Those provisions affect only a private final consumer, not engaged in trade or professional activities, who is bound by one of the contracts listed in Article 13 and who is a party to the action, in accordance with Article 14. It follows that Article 13 of the Convention is to be interpreted as meaning that a plaintiff who is acting in pursuance of his trade or professional activity, and who is not, therefore, himself a consumer party to one of the contracts listed in the first paragraph of that provision, may not enjoy the benefit of the rules of special jurisdiction laid down by the Convention concerning consumer contracts.

Citations:

C-89/91, [1993] EUECJ C-89/91, [1993] ECR 1-139

Links:

Bailii

Statutes:

Lugano Convention

Jurisdiction:

European

Cited by:

Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 10 July 2022; Ref: scu.160677