Category: European

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility

Judges:

V. Skouris, P

Citations:

C-581/10, [2012] EUECJ C-581/10

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004

Citing:

Order – Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority ECJ 30-Nov-2011
Order – joinder of cases . .

Cited by:

Cited – Dawson v Thomson Airways Ltd CA 19-Jun-2014
The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable.
Held: The claimant’s appeal failed. ‘We . .
Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 06 November 2022; Ref: scu.465396

Edwards v Environment Agency: ECJ 18 Oct 2012

ECJ (Opinion) Aarhus Convention – Directive 2003/35/EC – Directive 85/337/EEC – Assessment of the effects of projects on the environment – Directive 96/61/EC – Integrated pollution prevention and control – Access to justice – Concept of ‘prohibitively expensive’ judicial proceedings

Judges:

Kokott AG

Citations:

C-260/11, [2012] EUECJ C-260/11

Links:

Bailii

Statutes:

Directive 85/337/EEC, Directive 2003/35/EC, Directive 96/61/EC

Cited by:

Opinion – Edwards v Environment Agency (No 2) ECJ 11-Apr-2013
ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 06 November 2022; Ref: scu.465393

Adams and others v Lancashire County Council Bet Catering Services Limited: CA 15 May 1997

The acquired rights directive does not protect pension rights which might be acquired after the transfer of an undertaking. It can only safeguard rights existing at the time of the transfer.

Citations:

Times 19-May-1997, [1997] EWCA Civ 1699, [1997] 3 CMLR 79, [1997] ICR 834, [1997] IRLR 436, [1997] Pens LR 145, [1998] OPLR 119

Links:

Bailii

Statutes:

Council Directive 77/187/EEC

Jurisdiction:

England and Wales

Employment, European

Updated: 06 November 2022; Ref: scu.142095

Universitatea ‘Lucian Blaga’ Sibiu and Others (Judgment): ECJ 8 Oct 2020

Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment in matters of employment and occupation – Articles 1, 2 and 3 – Directive 1999/70 / EC – CES, UNICE and CEEP framework agreement on fixed-term work – Clause 4 – Principle of non-discrimination – Measure adopted by a university establishment in application of national law – Maintenance of the status of tenured teacher beyond the legal retirement age – Possibility reserved for teachers with the title of thesis director – Teachers who do not have this title – Fixed-term contracts – Lower remuneration than that granted to tenured teachers

Citations:

C-644/19, [2020] EUECJ C-644/19, ECLI:EU:C:2020:810

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.660628

X v Staatssecretaris Van Financien: ECJ 18 Oct 2012

Freedom to provide services – Restrictions – Fiscal legislation – Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State – No such obligation in respect of a service provider established in the same Member State

Citations:

C-498/10, [2012] EUECJ C-498/10

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – X v Staatssecretaris Van Financien ECJ 21-Dec-2011
Opinion – Freedom to provide services – Obligation on the resident recipient of a service to withhold tax at source from remuneration if the service provider is resident in another Member State – Discrimination – Restriction – Grounds of . .
Lists of cited by and citing cases may be incomplete.

European, Taxes Management

Updated: 05 November 2022; Ref: scu.465024

Evropaiki Dynamiki v Commission: ECFI 10 Oct 2012

ECFI Public service contracts – Tendering procedure – Supply of services relating to the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media – Rejection of the bid of one tenderer and decision to award the contract to another tenderer – Obligation to state reasons – Equal treatment – Manifest error of assessment – Non-contractual liability

Judges:

A Dittrich, P

Citations:

T-247/09, [2012] EUECJ T-247/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.465012

Pelati v Republika Slovenija: ECJ 18 Oct 2012

ECJ Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected

Citations:

[2012] EUECJ C-603/10

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.465019

Tets Haskovo v Direktor Na Direktsia: ECJ 14 Jun 2012

ECJ (Opinion) Tax legislation – Value added tax – Articles 185 and 187 of Directive 2006/112/EC – Adjustment of deductions in connection with the demolition of buildings

Judges:

Kokott AG

Citations:

[2012] EUECJ C-234/11

Links:

Bailii

Cited by:

Opinion – Tets Haskovo v Direktor Na Direktsia ECJ 18-Oct-2012
ECJ Taxation – VAT – Right of deduction – Contribution in kind – Destruction of property – New buildings – Adjustment . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 05 November 2022; Ref: scu.465005

Novatex v Council: ECFI 11 Oct 2012

ECFI Subsidies – Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates – Definitive countervailing duty and definitive collection of provisional duty – Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009

Citations:

T-556/10, [2012] EUECJ T-556/10

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.465018

Evropaiki Dynamiki v Court of Justice: ECFI 17 Oct 2012

ECFI Public service contracts – Tender procedure – Provision of services for the maintenance, development and support of computer applications – Rejection of the applicant’s tenders and award of the contracts to another tenderer – Selection criteria – Award criteria – Obligation to state reasons – Non-contractual liability

Citations:

T-447/10, [2012] EUECJ T-447/10

Links:

Bailii

Jurisdiction:

England and Wales

European

Updated: 05 November 2022; Ref: scu.465013

Ningbo Yonghong Fasteners v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China -Market economy treatment – Time-limit for adopting the decision on that treatment – Manifest error of assessment – Burden of proof – Adjustment to costs – Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009)

Judges:

A Dittrich, P

Citations:

T-150/09, [2012] EUECJ T-150/09

Links:

Bailii

Statutes:

Regulation (EC) No 1225/2009)

European

Updated: 05 November 2022; Ref: scu.465017

Commission v EU Research Projects: ECFI 17 Oct 2012

ECFI Arbitration clause – Contract concluded in the framework of the specific programme for research, technological development and demonstration on a – User-friendly information society – Withdrawal from the project – Reimbursement of part of the amount advanced by the Commission – Default interest – Procedure by default

Judges:

S Papasavvas, P

Citations:

T-220/10, [2012] EUECJ T-220/10

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.465008

EDF v Commission: ECFI 11 Oct 2012

ECFI Application for interim measures – Competition – Concentrations – Electricity market – Decision authorising a concentration operation subject to compliance with certain commitments – Refusal to grant the postponement of the deadline set for fulfilling those commitments – Application for interim measures – Lack of urgency

Citations:

T-389/12, [2012] EUECJ T-389/12

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.465009

Bhavyesh and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2012

Rolled up hearing for permission and, if permission be granted, the substantive hearing of a challenge to an amendment made in November 2010 to the Immigration Rules laid before Parliament by the respondent, Secretary of State. In essence, these claimants challenge those parts of the rules that require a person seeking entry clearance to join a spouse settled in the United Kingdom having to demonstrate an understanding of the English language and the British way of life subject to certain exceptions that are not material.
Held: Blake J said: ‘… members of such a class are the beneficiaries of a special legal regime, in a different position from either aliens or generally, or British citizens who fall altogether outside the scope of EU law. They are thus incapable of being a comparator class, or a group who are analogously situated with the claimants.’

Judges:

Blake J

Citations:

[2012] EWHC 2789 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Immigration, European

Updated: 05 November 2022; Ref: scu.464958

Foley v NHS Greater Glasgow and Clyde and Otherss: EAT 15 Aug 2012

EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation.
Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under paragraph 26 of Sch 7A to the National Health Service (Scotland) Act 1978). Not a TUPE transfer. Whether claims required to be presented within six months of date of dissolution. On appeal, held that the Tribunal had not erred in finding that time started running from that date.
Separately, lack of consultation with a Claimant was held, on appeal, not to demonstrate that the six month time limit contravened the EU principle of effectiveness. The matter was clear and there was no basis for a reference to the ECJ.

Judges:

Lady Smith

Citations:

[2012] UKEAT 0007 – 12 – 1508

Links:

Bailii

Statutes:

Equal Pay Act 1970

Jurisdiction:

England and Wales

Employment, European, Discrimination

Updated: 05 November 2022; Ref: scu.464953

Evropaiki Dynamiki v Commission: ECFI 5 Oct 2012

ECFI Public service contracts – Tendering procedure – Provision of information technology services – Selection of the tenderer as second contractor in the cascade procedure – Action for annulment – Grounds for exclusion from the tendering procedure – Conflict of interests – Obligation to state the reasons on which the decision is based – Manifest error of assessment – Equal treatment – Non-contractual liability

Citations:

T-591/08, [2012] EUECJ T-591/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.464802

Finnair Oyj v Lassooy: ECJ 4 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Compensation for passengers in the event of denied boarding – Concept of ‘denied boarding’ – Exclusion from characterisation as ‘denied boarding’ – Cancellation of a flight caused by a strike at the airport of departure – Rescheduling of flights after the cancelled flight – Right to compensation of the passengers on those flights

Judges:

K. Lenaerts, P

Citations:

C-22/11, [2012] EUECJ C-22/11, [2013] 1 CMLR 18

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004

Cited by:

Cited – Jet2Com Ltd v Huzar CA 11-Jun-2014
The claimant passenger complained that he had not been compensated as required when his flight was delayed. The airline now appealed against a decision that a mechanical fault in the aircraft did not amount to exceptional circumstances so as to . .
Lists of cited by and citing cases may be incomplete.

European, Transport

Updated: 05 November 2022; Ref: scu.464803

Gem-Year And Jinn-Well Auto-Parts (Zhejiang) v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China – Support of the complaint by the Community industry – Definition of the product concerned – Injury – Market economy treatment – Costs of major inputs substantially reflecting market values – Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009)

Judges:

A Dittrich, P

Citations:

T-172/09, [2012] EUECJ T-172/09

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464805

Evropaiki Dynamiki – Proigmena Systimata Tilepikoinonion Pliroforikis Kai Tilematikis Ae, v European Commission: ECJ 4 Oct 2012

ECJ Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2)

Judges:

J. Malenovsky, P

Citations:

C-629/11, [2012] EUECJ C-629/11

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464801

Bimbo v OHMI – Panrico (Bimbo Doughnuts): ECFI 10 Oct 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark BIMBO DOUGHNUTS – Earlier national word mark DOGHNUTS – Relative ground for refusal – Article 75 of Regulation (EC) No 207/2009 – Article 76(2) of Regulation No 207/2009 – Article 8(1)(b) of Regulation No 207/2009 – Application for alteration – Admissibility

Citations:

T-569/10, [2012] EUECJ T-569/10

Links:

Bailii

Statutes:

Regulation No 207/2009 76(2)

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464798

Format Urzadzenia I Montaze Przemyslowe Sp. Z O.O. v Zaklad Ubezpieczen Spolecznych I Oddzial W Warszawie: ECJ 4 Oct 2012

ECJ Social security – Determination of the legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(b) – Person normally employed in the territory of two or more Member States – Successive employment contracts – Employer established in the Member State of habitual residence of the worker – Employment performed exclusively in other Member States

Judges:

JN Cunha Rodrigues, P

Citations:

C-115/11, [2012] EUECJ C-115/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71 14(2)(b)

European, Benefits

Updated: 05 November 2022; Ref: scu.464804

Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 4 Oct 2012

ECJ Opinion – Combating of money laundering and terrorism financing – Directive 2005/60/EC – Obligation on credit institutions to declare suspicious financial transactions – Institutions operating under the freedom to provide services – Identification of national financial information unit responsible for collecting information – Interpretation of Article 22(2) of Directive 2005/60 – Restriction on the freedom to provide services – Overriding reasons in the public interest – Appropriateness of national legislation for attaining aims in view – Proportionality

Judges:

Bot AG

Citations:

C-212/11, [2012] EUECJ C-212/11

Links:

Bailii

Statutes:

Directive 2005/60/EC

Cited by:

Opinion – Jyske Bank Gibraltar Ltd v Administracion Del Estado ECJ 25-Apr-2013
ECJ Judgment – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive 2005/60/EC – Article 22(2) – Decision 2000/642/JHA – Requirement to report . .
Lists of cited by and citing cases may be incomplete.

European, Banking, Crime

Updated: 05 November 2022; Ref: scu.464807

Hristo Byankov v Glaven Sekretar Na Ministerstvo Na Vatreshnite Raboti: ECJ 4 Oct 2012

ECJ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person – Principle of legal certainty with regard to administrative acts which have become final – Principles of equivalence and effectiveness

Judges:

J.N. Cunha Rodrigues, P

Citations:

ECLI:EU:C:2012:608, [2013] QB 423, [2012] WLR(D) 269, [2013] 1 CMLR 15, [2013] 2 WLR 293, C-249/11, [2012] EUECJ C-249/11

Links:

WLRD, Bailii

Statutes:

Directive 2004/38/EC 27

European, Immigration

Updated: 05 November 2022; Ref: scu.464806

Cachafeiro, Varela-Villamor v Iberia, Lineas Aereas De Espana Sa: ECJ 4 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Compensation for passengers in the event of denied boarding – Concept of ‘denied boarding’ – Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned

Judges:

K. Lenaerts, P

Citations:

C-321/11, [2012] EUECJ C-321/11

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004

European, Transport

Updated: 05 November 2022; Ref: scu.464809

Shanghai Biaowu High-Tensile Fastener And Shanghai Prime Machinery v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China – Market economy treatment – Time-limit for adopting the decision on that treatment – Principle of sound administration – Burden of proof – Obligation to state the reasons on which the decision is based – Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009)

Citations:

T-170/09, [2012] EUECJ T-170/09

Links:

Bailii

Statutes:

Regulation (EC) No 384/96, Regulation (EC) No 1225/2009

European

Updated: 05 November 2022; Ref: scu.464812

Lancome v OHMI – Focus Magazin Verlag (Color Focus): ECFI 5 Oct 2012

ECFI Community trade mark – Invalidity proceedings – Community word mark COLOR FOCUS – Earlier Community word mark FOCUS – Relative ground for refusal – Likelihood of confusion – Similarity of the marks – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Abuse of right

Citations:

T-204/10, [2012] EUECJ T-204/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 53(1)(a)

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464808

CS Agro Ronov SRO v Ministerstvo Zemedelstvi: ECJ 4 Oct 2012

ECJ Agriculture – Sugar sector – Common organisation of the markets – Application for restructuring aid – Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet – Definition – Unilateral declaration of the producer – Refusal to grant aid – Need to terminate the existing delivery contract

Judges:

J-C Bonichot, P

Citations:

C-390/11, [2012] EUECJ C-390/11

Links:

Bailii

European, Agriculture

Updated: 05 November 2022; Ref: scu.464799

Bial-Portela v OHMI – Isdin (Zebexir): ECFI 9 Oct 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark ZEBEXIR – Earlier Community word mark ZEBINIX – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009

Citations:

T-366/11, [2012] EUECJ T-366/11, [2015] EUECJ T-366/11

Links:

Bailii, Bailii

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464797

Nynas Belgium Ab v European Commission: ECFI 27 Sep 2012

ECFI Competition – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Decision finding an infringement of Article 81 EC – Imputability of the unlawful conduct – Fines – Cooperation during the administrative procedure – Significant added value – Equal treatment

Citations:

T-347/06, [2012] EUECJ T-347/06

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464586

Guardian Europe Sarl v European Commission: ECFI 27 Sep 2012

ECFI Competition – Agreements, decisions and concerted practices – Market for flat glass in the EEA – Decision finding an infringement of Article 81 EC – Price-fixing – Evidence of the infringement – Calculation of the amount of the fines – Exclusion of captive sales – Obligation to state the reasons on which the decision is based – Equal treatment – Mitigating circumstances

Citations:

T-82/08, [2012] EUECJ T-82/08

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464584

French Republic v European Commission: ECFI 27 Sep 2012

ECFI State aid – Fruit and vegetable sector – ‘Contingency plans’ seeking to support the fruit and vegetable market in France – Decision declaring the aid incompatible with the common market – Concept of State aid – State resources – Co-financing by a public institution and by voluntary contributions from farmers’ organisations – Arguments not raised during the administrative procedure – Duty to state the reasons on which the decision is based

Citations:

T-139/09, [2012] EUECJ T-139/09

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464582

Applied Microengineering Ltd, v European Commission: ECFI 27 Sep 2012

ECFI Fifth framework programme for research, technological development and demonstration – Contracts concerning the projects ‘Formation of a New Design House for MST’ and ‘Assessment of a New Anodic Bonder’ – Recovery of part of the financial contribution paid – Enforceable decision – Decision amending the contested decision during the proceedings – Legal basis of the action – Nature of the pleas put forward – Legitimate expectations – Obligation to state the reasons on which the decision is based – Principle of sound administration

Citations:

T-387/09, [2012] EUECJ T-387/09

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464579

Swiss Confederation v Commission: ECJ 13 Sep 2012

ECJ Opinion – Appeal – Actions for annulment – Swiss Confederation – Admissibility – Locus standi – Examination of the Court’s own motion – EC-Switzerland Agreement on Air Transport – Objectives of the agreement – Exchange of traffic rights – Regulation (EEC) No 2408/92 – Access of Community air carriers to intra-Community air routes – Articles 8 and 9 – Scope – Commission’s powers of review – Exercise of traffic rights – Decision 2004/12/EC – German measures relating to the approaches to Zurich Airport – Principles inherent in the freedom to provide services – Principle of non-discrimination – Proportionality

Judges:

Jaaskinen AG

Citations:

C-547/10, [2012] EUECJ C-547/10

Links:

Bailii

Cited by:

Opinion – Swiss Confederation v Commission ECJ 7-Mar-2013
ECJ Appeal – External relations – Agreement between the European Community and the Swiss Confederation on air transport – Regulation (EEC) No 2408/92 – Access of Community air carriers to intra-Community air . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 November 2022; Ref: scu.464459

Valeri Hariev Belov: ECJ 20 Sep 2012

ECJ Admissibility of the reference for a preliminary ruling – ‘Court or tribunal of a Member State’ within the meaning of Article 267 TFEU – Directive 2000/43/EC – Principle of equal treatment of persons irrespective of racial or ethnic origin – Indirect discrimination – Districts inhabited primarily by people belonging to the Roma community – Placing of electricity meters at a height inaccessible for consumers – Justification – Combatting fraud and abuse – Directives 2006/32/EC and 2009/72/EC – Possibility for each consumer to read individual electricity consumption

Judges:

Kokott AG

Citations:

C-394/11, [2012] EUECJ C-394/11, [2013] EUECJ C-394/11

Links:

Bailii, Bailii

European, Discrimination

Updated: 05 November 2022; Ref: scu.464462

Video Research Usa, Inc., v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 19 Sep 2012

ECFI Community trade mark – Community figurative mark VR – Failure to apply for renewal of the mark – Cancellation of the mark upon expiry of the registration – Application for restitutio in integrum – Article 81 of Regulation (EC) No 207/2009

Citations:

T-267/11, [2012] EUECJ T-267/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 81

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464463

Office For Harmonisation In The Internal Market v Lidl Stiftung and Co. Kg: ECFI 21 Sep 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark WESTERN GOLD – Earlier national, international and Community word marks WESERGOLD, Wesergold, and WeserGold – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Distinctiveness of the earlier marks

Judges:

Aziziz J Rapp

Citations:

T-278/10, [2012] EUECJ T-278/10, [2015] EUECJ T-278/10

Links:

Bailii, Bailii

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464453

Frucona Kosice AS v European Commission: ECJ 6 Sep 2012

ECJ Opinion – Appeals – Competition – State aid – Article 87(1) EC – Concept of State aid – Test of a private creditor in a market economy – Partial remission of a tax debt in the context of an arrangement procedure – Assessment of the advantages and disadvantages of an arrangement procedure and a bankruptcy procedure – Unpredictability and duration of a bankruptcy procedure – Conduct of the Slovak Tax Office vis-a-vis Frucona Kosice

Judges:

Kokott AG

Citations:

C-73/11, [2012] EUECJ C-73/11

Links:

Bailii

Cited by:

Opinion – Frucona Kosice AS v European Commission ECJ 24-Jan-2013
ECJ Appeal – State aid – Cancellation of 65% of a tax debt in a collective bankruptcy procedure – Decision declaring the aid to be incompatible with the internal market and ordering its recovery – Private . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 05 November 2022; Ref: scu.464440

European Commission v Republic of Austria: ECJ 6 Sep 2012

ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 6(3) of, and Annex II to, Directive 91/440 – Article 14(2) of Directive 2001/14 – Infrastructure manager – Organisational and decision-making independence – Holding company structure

Judges:

Jaaskinen AG

Citations:

C-555/10, [2012] EUECJ C-555/10, [2013] EUECJ C-555/10

Links:

Bailii, Bailii

Statutes:

Directive 91/440/EEC, Directive 2001/14/EC

European

Updated: 05 November 2022; Ref: scu.464433

European Commission, v Kingdom of Belgium: ECJ 6 Sep 2012

ECJ Failure of a Member State to fulfil obligations – Directive 1999/37/EC – Registration documents for vehicles – Vehicles previously registered in another Member State – Change of ownership – Requirement of a roadworthiness test – Requirement of production of a certificate of conformity – Roadworthiness test carried out in another Member State – Non-recognition – Lack of justification

Judges:

Cunha Rodrigues, P

Citations:

C-150/11, [2012] EUECJ C-150/11

Links:

Bailii

Statutes:

Directive 1999/37/EC

European

Updated: 05 November 2022; Ref: scu.464434

Prorail NV v Xpedys NV etc: ECJ 6 Sep 2012

ECJ Opinion – Judicial cooperation in civil or commercial matters – Taking of evidence – Regulation (EC) No 1206/2001 – Article 1 – Substantive scope – Article 17 – Direct taking of evidence by the requesting court – Designation of an expert and the assignment to him, by a court of one Member State, of a task to be carried out partly in the territory of another Member State – Whether or not application of the judicial cooperation procedure laid down in Article 17 of the regulation is mandatory

Judges:

Jaaskinen AG

Citations:

[2012] EUECJ C-332/11, C-332/11

Links:

Bailii

Statutes:

Regulation (EC) No 1206/2001

Cited by:

Opinion – Prorail NV v Xpedys NV etc ECJ 21-Feb-2013
ECJ Regulation (EC) No 1206/2001 – Cooperation in the taking of evidence in civil and commercial matters – Direct taking of evidence – Designation of an expert – Task carried out partly in the Member State of the . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 05 November 2022; Ref: scu.464436

Krones Ag v Samskip Gmbh: ECJ 6 Sep 2012

ECJ Judicial co-operation in civil matters – Recognition and enforcement of judgments – Regulation (EC) No 44/2001 – Concept of ‘judgment’ – Judgment of a court of a Member State declining jurisdiction – Judgment based on a finding as to the validity and scope of a term conferring jurisdiction on the Icelandic courts – Effect – Scope

Judges:

Bot AG

Citations:

C-456/11, [2012] EUECJ C-456/11

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

European

Updated: 05 November 2022; Ref: scu.464446

Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social: ECJ 13 Sep 2012

ECJ Opinion – Reference for a preliminary ruling – Regulation (EEC) No 1408/71 – Old-age pension – Calculation of benefits

Judges:

Mazak AG

Citations:

C-282/11, [2012] EUECJ C-282/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

Cited by:

Opinion – Gonzalez v Instituto Nacional De La Seguridad Social and Tesoreria General De La Seguridad Social ECJ 21-Feb-2013
ECJ Article 48 TFEU – Social security for migrant workers – Regulation (EEC) No 1408/71 and (EC) No 883/2004 – Old-age and survivor’s insurance – Special provisions for the application of national legislation . .
Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 05 November 2022; Ref: scu.464444

Hazem Kamel Ismail v Bevandorlasi Es Allampolgarsagi Hivatal: ECJ 13 Sep 2012

ECJ Opinion – Directive 2004/83/EC – Conditions to be met by third country nationals or stateless persons claiming refugee status – Stateless persons of Palestinian origin having availed themselves of UNRWA assistance – Meaning of ‘[w]hen such protection or assistance has ceased for any reason’ and ‘entitled to the benefits of this Directive’

Judges:

Sharpston AG

Citations:

C-364/11, [2012] EUECJ C-364/11

Links:

Bailii

Statutes:

Directive 2004/83/EC

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.464443

Laimonis Treimanis v Valsts Ienemumu Dienests: ECJ 6 Sep 2012

ECJ Regulation (EEC) No 918/83 – Articles 1(2)(c), 2 and 7(1) – Relief from import duties on personal property – ‘Property intended . . for meeting . . household needs’ – Motor vehicle imported into the European Union – Vehicle used by a member of the family of the importing owner

Judges:

Lohmus P

Citations:

C-487/11, [2012] EUECJ C-487/11

Links:

Bailii

Statutes:

Regulation (EEC) No 918/83

European

Updated: 05 November 2022; Ref: scu.464447

Laminco Gld N-A v Ageas Nv, Formerly Fortis Nv: ECJ 6 Sep 2012

ECJ Regulation (EC) No 1206/2001 – Cooperation in the taking of evidence in civil and commercial matters – Matters covered – Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State – Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State

Judges:

Tizzano P

Citations:

C-170/11, [2012] EUECJ C-170/11

Links:

Bailii

Statutes:

Regulation (EC) No 1206/2001

European, Litigation Practice

Updated: 05 November 2022; Ref: scu.464448

Gabor Toth v Nemzeti Ado-Es Vamhivatal Eszak-Magyarorszagi Regionalis Ado Foigazgatosaga: ECJ 6 Sep 2012

ECJ Taxation – VAT – Directive 2006/112/EC – Article 9 – Meaning of taxable person – Right to deduct – Refusal – Principle of tax neutrality – Issuer of the invoice removed from the business register – Issuer of the invoice having failed to declare his employees to the tax authority – Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice vis-a-vis the tax authority

Judges:

Lenaerts, P

Citations:

C-324/11, [2012] EUECJ C-324/11

Links:

Bailii

Statutes:

Directive 2006/112/EC 9

Jurisdiction:

European

European, VAT

Updated: 05 November 2022; Ref: scu.464441

Expedia Inc: ECJ 6 Sep 2012

ECJ Opinion – Competition – Article 81 EC – Appreciable effect on competition – Assessment of whether restrictions of competition ‘by object’ are appreciable – Commission de minimis notice – Market share thresholds of the de minimis notice not attained – Power of national competition authorities nevertheless to apply Article 81 EC and to impose penalties – Article 3(2) of Regulation (EC) No 1/2003

Judges:

Kokott AG

Citations:

C-226/11, [2012] EUECJ C-226/11

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464435

European Commission v Portuguese Republic: ECJ 6 Sep 2012

ECJ Opinion – Action for failure to fulfil obligations – Directive 91/440/EEC – Development of the Community’s railways – Article 5(3) – Management independence – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to an infrastructure manager – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Levying of charges for the use of railway infrastructure – Article 6(1) – Balancing the infrastructure manager’s accounts

Judges:

Jaaskinen AG

Citations:

C-557/10, [2012] EUECJ C-557/10

Links:

Bailii

Statutes:

Directive 91/440/EEC, Directive 2001/14/EC

European

Updated: 05 November 2022; Ref: scu.464432

Administration Des Contributions En Matiere D’Impots: ECJ 6 Sep 2012

ECJ Freedom of establishment – Article 49 TFEU – Tax legislation – Capital tax – Conditions for granting a reduction in capital tax – Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State – Restriction – Justification – Overriding reasons in the public interest

Judges:

Kokott J AG

Citations:

C-380/11, [2012] EUECJ C-380/11

Links:

Bailii

European

Updated: 05 November 2022; Ref: scu.464417

Alder v Orlowski: ECJ 20 Sep 2012

ECJ Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Scope – Determination of cases in which a document must be sent from one Member State to another – National provision providing for deemed service by placing the document on the case file where the party domiciled in the territory of another Member State fails to appoint a representative domiciled in national territory authorised to accept service

Judges:

Bot AG

Citations:

C-325/11, [2012] EUECJ C-325/11

Links:

Bailii

Statutes:

Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

European, Litigation Practice

Updated: 05 November 2022; Ref: scu.464418

Deutsches Weintor Eg v Land Rheinland-Pfalz: ECJ 6 Sep 2012

ECJ Reference for a preliminary ruling – Approximation of laws – Public health – Consumer information and protection – Labelling and presentation of foodstuffs – Concepts of ‘nutrition claims’ and ‘health claims’ – Regulation (EC) No 1924/2006 – Description of a wine as ‘easily digestible’ – Reference to reduced acidity levels – Beverages containing more than 1.2% by volume of alcohol – Prohibition of health claims – Charter of Fundamental Rights of the European Union – Article 15(1) – Freedom to choose an occupation – Article 16 – Freedom to conduct a business – Compatibility

Judges:

Mazak AG

Citations:

C-544/10, [2012] EUECJ C-544/10

Links:

Bailii

Statutes:

Regulation (EC) No 1924/2006

European

Updated: 05 November 2022; Ref: scu.464426

Community Plant Variety Office v Jorn Hansson: ECFI 18 Sep 2012

ECFI Plant varieties – Decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY – Application for revocation of the Community plant variety right granted for the variety LEMON SYMPHONY – Application for annulment of the Community plant variety right granted for the variety LEMON SYMPHONY – Application for a Community plant variety right for the variety SUMOST 01 – Summons to attend oral proceedings before the Board of Appeal of the CPVO – Period of notice to attend of at least one month

Citations:

T-133/08, [2012] EUECJ T-133/08

Links:

Bailii

European, Intellectual Property

Updated: 05 November 2022; Ref: scu.464424

Dohler Neuenkirchen Gmbh v Hauptzollamt Oldenburg: ECJ 6 Sep 2012

ECJ Community Customs Code – Regulation (EEC) No 2913/92 – Article 204(1)(a) – Inward processing procedure – System of suspension – Incurrence of a customs debt – Non-fulfilment of an obligation to supply the bill of discharge within the prescribed period

Judges:

Lenaerts P

Citations:

C-262/10, [2012] EUECJ C-262/10

Links:

Bailii

Statutes:

Regulation (EEC) No 2913/92

European, Customs and Excise

Updated: 05 November 2022; Ref: scu.464427

Regina v Human Fertilisation and Embryology Authority ex parte DB: CA 6 Feb 1997

At the applicant’s request samples of sperm were taken from her husband hours prior to his death, when he was in a coma.
Held: Sperm cannot lawfully be taken from a comatose man in order later to allow his surviving wife to be artificially inseminated. There was no written permission as required by the Act.

Judges:

Lord Woolf MR

Citations:

Times 07-Feb-1997, [1997] 2 WLR 806, [1999] Fam 151, [1997] EWCA Civ 4003, [1997] 2 CMLR 591, [1997] COD 261, [1997] 2 FCR 501, [1997] Eu LR 370, [1997] 2 FLR 742, [1997] 2 All ER 687, [1997] Fam Law 401, (1997) 35 BMLR 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .

Cited by:

Cited – The Centre for Reproductive Medicine v U FD 24-Jan-2002
The defendant sought to use the sperm of her deceased husband for her insemination. The deceased had apparently withdrawn his consent to the use of his sperm posthumously. His widow claimed that he had been influenced to change the form, by an . .
Appealed to – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
Cited – L v the Human Fertilisation and Embryology Authority FD 3-Oct-2008
The claimant had sought fertility treatment with her husband. Now, after his death, she sought an order to declare lawful the continued use of the stored gametes.
Held: The request failed. Without explicit consent, the court had no power to . .
Cited – Yearworth and others v North Bristol NHS Trust CA 4-Feb-2009
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them . .
Lists of cited by and citing cases may be incomplete.

Health, European

Updated: 05 November 2022; Ref: scu.141342

A M L Van Rouge v Dagelijks Bestuur Van Het Waterschap De Dommel (Gebr Van Aarle Bv, Third Party): ECJ 15 Oct 1999

ECJ The directive relating to the discharge of dangerous substances into aquatic environments, included the precipitation of contaminated steam onto a water course. Pollution is defined as discharge into the water, and discharge as introduction of listed substances into the water. The contaminated steam settled upon the water and contaminated it. Not to prosecute would limit the effectiveness of the Directive.

Citations:

Times 15-Oct-1999, C-231/97, [1999] EUECJ C-231/97

Links:

Bailii

Statutes:

Council Directive 76/464/EEC On pollution caused by certain dangerous substances discharged into the aquatic environment.

Jurisdiction:

European

Environment

Updated: 05 November 2022; Ref: scu.77590

Nelson Antunes Da Cunha (Judgment): ECJ 30 Apr 2020

Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – Grounds for inadmissibility – National regulations providing for the inadmissibility of the application if the applicant has arrived in the Member State concerned from a country where he is not exposed to persecution or to the risk of serious harm or if this country grants sufficient protection – Articles 35, 38, paragraph 4, articles 40 and 43 – Directive 2013/33 / EU – Article 2, sub h) Articles 8 and 9 – Asylum procedure – Return measure – Procedural modalities – Detention – Duration of detention – Legality of detention – Examination – Appeal – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union

Citations:

C-627/18, [2020] EUECJ C-627/18, ECLI: EU:C:2020:294, [2019] EUECJ C-627/18_O

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 05 November 2022; Ref: scu.660145

Innovation First v OHIM (Nano): ECFI 10 Feb 2015

ECJ Judgment – Community trade mark – Application for Community word mark NANO – Right to be heard – Obligation to state reasons – Examination of the facts of the Office’s own motion – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009

Judges:

H. Kanninen, P

Citations:

T-379/13, [2015] EUECJ T-379/13, ECLI:EU:T:2015:84

Links:

Bailii

Statutes:

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

Jurisdiction:

European

Intellectual Property

Updated: 05 November 2022; Ref: scu.542475

Infocit v OHMI – Din (Dinkool): ECFI 10 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark DINKOOL – Earlier international figurative mark DIN – Earlier national business identifier DIN – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009

Citations:

T-85/14, [2015] EUECJ T-85/14, ECLI:EU:T:2015:82

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 8(1)(b) 8(4)

Jurisdiction:

European

Intellectual Property

Updated: 05 November 2022; Ref: scu.542474

DH (Jamaica) v Secretary of State for The Home Department: CA 21 Dec 2012

Elias LJ said: ‘The right of residence is a right to reside in the territory of the EU. It is not a right to any particular quality of life or to any particular standard of living. Accordingly, there is no impediment to exercising the right to reside if residence remains possible as a matter of substance, albeit that the quality of life is diminished’

Judges:

Elias LJ

Citations:

[2012] EWCA Civ 1736, [2013] 2 CMLR 23

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ruiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
Cited – Dereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .

Cited by:

Cited – HC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 04 November 2022; Ref: scu.467627

United States Polo Association, v Office For Harmonisation In The Internal Market: ECJ 6 Sep 2012

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ‘U.S. POLO ASSN.’ – Opposition by the holder of the earlier word mark ‘POLO-POLO’

Judges:

Safjan P

Citations:

C-327/11, [2012] EUECJ C-327/11

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463858

Trade Agency Ltd v Seramico Investments Ltd: ECJ 6 Sep 2012

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Enforcement – Grounds for challenge – Document instituting proceedings not served on the defendant – Review by the court in which enforcement is sought – Scope – Value of the information in the certificate – Infringement of public policy – Judgment lacking reasoning

Judges:

Tizzano Rap

Citations:

C-619/10, [2012] EUECJ C-619/10

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

European

Updated: 04 November 2022; Ref: scu.463857

Finanzamt Steglitz v Ines Zimmermann: ECJ 19 Jul 2012

ECJ Sixth VAT Directive – Exemptions – Article 13A(1)(g) and (2) – Services closely linked to welfare and social security work supplied by bodies governed by public law or organisations recognised as charitable – Recognition – Conditions not applicable to organisations other than bodies governed by public law – Discretion of the Member States – Limits – Principle of fiscal neutrality

Judges:

Roasa AP

Citations:

C-174/11, [2012] EUECJ C-174/11

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 04 November 2022; Ref: scu.463838

Blanco Perez v Chao Gomez: ECJ 1 Jun 2010

ECJ Article 49 TFEU Directive 2005/36/EC Freedom of establishment Public health Pharmacies Proximity Provision of medicinal products to the public Operating licence Territorial distribution of pharmacies Establishment of limits based on population density Minimum distance between pharmacies Candidates who have pursued professional activities on part of the national territory Priority Discrimination

Judges:

Skouris P

Citations:

[2010] EUECJ C-570/07, C-570/07

Links:

Bailii

Citing:

Opinion – Blanco Perez v Chao Gomez ECJ 30-Sep-2009
ECJ (Freedom Of Establishment) (Opinion) The court looked at the competition implications of the control of licensing of pharmacies. . .
Lists of cited by and citing cases may be incomplete.

European, Health Professions

Updated: 04 November 2022; Ref: scu.463694

Association Kokopelli v Graines Baumaux SAS: ECJ 12 Jul 2012

ECJ Agriculture – Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC – Validity – Vegetables – Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species – Non-compliance with system of prior authorisation for marketing – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Free movement of goods – Equal treatment

Citations:

C-59/11, [2012] EUECJ C-59/11

Links:

Bailii

Statutes:

Directive 98/95/EC, Directive 2002/53/EC, Directive 2002/55/EC, Directive 2009/145/EC

Citing:

Opinion – Association Kokopelli v Graines Baumaux SAS ECJ 19-Jan-2012
ECJ (Opinion) Agriculture – Validity – Directive 2002/55/EC – Vegetables – Seed trade – Prohibition against marketing seed of varieties that are not officially accepted and registered in a catalogue of varieties . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 04 November 2022; Ref: scu.463689

Finanzamt Leverkusen v Verigen Transplantation Service International AG: ECJ 18 Nov 2010

ECJ Sixth VAT Directive – Article 13(A)(1)(c) – Exemptions for activities in the public interest – Provision of medical care – Removal and multiplication of cartilage cells for the purpose of reimplantation in the patient

Judges:

A Tizzano P

Citations:

[2010] EUECJ C-156/09, C-156/09, [2010] STI 2973, [2011] STC 255

Links:

Bailii

Citing:

See Also – Finanzamt Leverkusen v Verigen Transplantation Service International AG ECJ 29-Jul-2010
ECJ (Opinion) VAT – Place of supply of services – Exemptions – Removal, multiplication and reimplantation of cartilage cells. . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 04 November 2022; Ref: scu.463644

Onuekwere (Imprisonment – Residence) Nigeria: UTIAC 3 Aug 2012

Order for reference to European Court of Justice

Judges:

Lord Ballantyne UTJ

Citations:

[2012] UKUT 269 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Reference – Onuekwere v Secretary of State For The Home Department ECJ 3-Oct-2013
ECJ Opinion – Right of Union citizens to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 16 – Continuity of residence required in order to acquire the right of . .
Reference – Onuekwere v Secretary of State For The Home Department ECJ 16-Jan-2014
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 04 November 2022; Ref: scu.463525

Smurfit Kappa Group v Commission (State Aid): ECFI 10 Jul 2012

ECFI State aid – Corrugated case materials – Aid for the construction of a paper mill – Guidelines on national regional aid – Decision declaring the aid compatible with the common market – Admissibility – Validity of the authority conferred by a legal person on its lawyers – Adoption of a decision upon conclusion of the preliminary examination phase – Standing to bring proceedings – Procedural rights of interested parties – Serious difficulties justifying the initiation of the formal investigation procedure – Exercise by the Commission of its discretion – Article 87(3)(a) EC – Article 88(2) and (3) EC – Article 4 of Regulation (EC) No 659/1999 – Article 44(5) and (6) of the Rules of Procedure

Judges:

J. Azizi, P

Citations:

T-304/08, [2012] EUECJ T-304/08, [2010] EUECJ T-304/08

Links:

Bailii, Bailii

European

Updated: 04 November 2022; Ref: scu.463246

Union De Cervecerias Peruanas Backus Y Johnston v OHIM (Forme D’Une Bouteille): ECFI 12 Jul 2012

ECFI (French Text) Community trade mark – Absolute grounds for refusal – Request for three-dimensional mark – Shape of a bottle – Lack of distinctive character – Article 7, paragraph 1, sub b) of Regulation (EC) No 207/2009

Judges:

Kanninen P

Citations:

T-323/11, [2012] EUECJ T-323/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 7

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463250

Wall v OHMI – Bluepod Media Worldwide (Bluepod Media): ECFI 12 Jul 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark bluepod MEDIA – Earlier Community figurative mark blue spot and earlier international and national word marks BlueSpot – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Kanninen P

Citations:

T-227/11, [2012] EUECJ T-227/11

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463253

Sc Volksbank Romania: ECJ 12 Jul 2012

ECJ Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Articles 22, 24 and 30 – National legislation designed to transpose that directive – Applicability to agreements not included in the material and temporal scope of the directive – Obligations not provided for by the directive – Limitation on the bank charges capable of being levied by the creditor – Articles 56 TFEU, 58 TFEU and 63 TFEU – Obligation to put in place, in national law, adequate and effective out-of-court dispute resolution procedures

Judges:

J-C Bonichot, P

Citations:

C-602/10, [2012] EUECJ C-602/10

Links:

Bailii

Statutes:

Directive 2008/48/EC

European, Consumer

Updated: 04 November 2022; Ref: scu.463244

Rivella International v OHMI – Baskaya Di Baskaya Alim (Baskaya): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark BASKAYA – Earlier international figurative mark Passaia – Proof of genuine use of the earlier mark – Relevant territory – Article 42(2) and (3) of Regulation (EC) No 207/2009

Judges:

H. Kanninen, P

Citations:

T-170/11, [2012] EUECJ T-170/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463243

Pimix (Accession of New Member States): ECJ 12 Jul 2012

ECJ Accession of new Member States – Setting the charge on surplus stocks of agricultural products – Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question

Judges:

J.N. Cunha Rodrigues, P

Citations:

C-146/11, [2012] EUECJ C-146/11

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463241

Vermop Salmon v OHMI – Leifheit (Clean Twist): ECFI 12 Jul 2012

ECFI Community trade mark – Invalidity proceedings – Community word mark Clean Twist – Earlier Community word marks and TWIX TWIXTER – Relative ground for refusal – No likelihood of confusion – Article 8, paragraph 1, sub b) and Article 53, paragraph 1, a) of Regulation (EC) No 207/2009

Judges:

Kanninen P

Citations:

T-61/11, [2012] EUECJ T-61/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European

Updated: 04 November 2022; Ref: scu.463252

Winzer Pharma v OHMI – Alcon (Banoftal): ECFI 12 Jul 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark BANOFTAL – Earlier national word marks and KAN-PAN-OPHTHALMIC OPHTHALMIC – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, sub b) of Regulation ( EC) No 207/2009

Judges:

Kanninen Rapporteur P

Citations:

T-346/09, [2012] EUECJ T-346/09

Links:

Bailii

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463254

Caixa Geral De Depositos v OHMI – Caixa D’Estalvis I Pensions De Barcelona (‘La Caixa’): ECFI 13 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for Community figurative mark the caixa – Portuguese earlier word mark CAIXA – Earlier national word and figurative marks – No likelihood of confusion – Article 8, paragraph 1, sub b) of Regulation (EC ) No 40/94 [now Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009]

Judges:

J Azizi Rapp, P

Citations:

T-255/09, [2012] EUECJ T-255/09

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463211

Guccio Gucci v Ohmi – Chang Qing Qing (Guddy): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for the Community word mark GUDDY – Earlier Community word mark GUCCI – Relative ground for refusal – Likelihood of confusion – Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark – Evidence – Article 8(1)(b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009

Judges:

H. Kanninen, P

Citations:

T-389/11, [2012] EUECJ T-389/11

Links:

Bailii

Statutes:

Regulation No 207/2009 8(1)(b) 75

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463227