Category: European

Hornfeldt v Posten Meddelande AB: ECJ 5 Jul 2012

ECJ Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age – Account not taken of the amount of the retirement pension

Judges:

Cunha Rodrigues, P

Citations:

C-141/11, [2012] EUECJ C-141/11

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463229

Hand Held Products v OHMI – Orange Brand Services (Dolphin): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for Community word mark DOLPHIN – Earlier Community word mark DOLPHIN – Opposition refused in part – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

N. J. Forwood, P

Citations:

T-361/11, [2012] EUECJ T-361/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463228

Commission v Nanopoulos: ECFI 12 Jul 2012

ECFI Appeal – Civil service – Officials – Duty to provide assistance – Article 24 of the Statute – Non-contractual liability – Articles 90 and 91 of the Staff – Presentation of the claim for compensation within a reasonable time – Response time – opens disciplinary proceedings – criterion requiring a ‘sufficiently serious breach’ – Leaks in the press of personal data – Lack of an official allocation of tasks corresponding to his grade – Amount of compensation

Citations:

T-308/10, [2012] EUECJ T-308/10 – P

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463217

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

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

Citations:

T-334/10, [2012] EUECJ T-334/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463237

Evropaiki Dynamiki v Frontex: ECFI 12 Jul 2012

ECFI Public service contracts – Frontex tendering procedures – Provision of informatics services – Rejection of a tender – Action for annulment – Admissibility – Obligation to state reasons – Award criteria – Manifest error of assessment – Non-contractual liability

Citations:

T-476/07, [2012] EUECJ T-476/07

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463222

Pharmazeutische Fabrik Evers v Ohmi – Ozone Laboratories Pharma (Hypochol): ECFI 12 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for Community word mark HYPOCHOL – Earlier national figurative mark HITRECHOL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009

Citations:

T-517/10, [2012] EUECJ T-517/10

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463240

Clorox v OHMI – Industrias Alen (Cloralex): ECFI 10 Jul 2012

ECJ Community trade mark – Opposition proceedings – Application for Community word mark CLORALEX – Earlier national word marks CLOROX – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8, paragraph 1 b) of Regulation (EC) No. 207/2009

Citations:

T-135/11, [2012] EUECJ T-135/11

Links:

Bailii

Statutes:

Regulation (EC) No. 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463213

DTZ Zadelhoff v Staatssecretaris van Financien: ECJ 5 Jul 2012

ECJ Sixth VAT Directive – Articles 5(3)(c) and 13B(d)(5) – Negotiation of a transaction involving the transfer of company shares – Transaction which also entails the transfer of the ownership of immovable property held by such companies – Exemption

Judges:

Lohmus P

Citations:

C-259/11, [2012] EUECJ C-259/11

Links:

Bailii

European, VAT

Updated: 04 November 2022; Ref: scu.463220

Jackson International v OHMI – Royal Shakespeare (Royal Shakespeare) (Community Trade Mark): ECFI 6 Jul 2012

ECFI Community trade mark – Invalidity proceedings – Community word mark ROYAL SHAKESPEARE – Earlier Community word mark RSC-ROYAL SHAKESPEARE COMPANY – Relative grounds for invalidity – Mark with a reputation – Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 – Likelihood of association – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark

Judges:

J Azizi P

Citations:

T-60/10, [2012] EUECJ T-60/10

Links:

Bailii

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463233

Medi v OHIM (Medi): ECFI 12 Jul 2012

Community trade mark – Application for Community word mark medi – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1, under b) and paragraph 2 of Regulation (EC) No 207/2009

Citations:

T-470/09, [2012] EUECJ T-470/09

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463239

Greece v Commission: ECFI 5 Jul 2012

ECFI EAGGF – Guarantee Section – Expenditure excluded from financing – Fruits and vegetables – Rural Development – Non-compliance with payment deadlines – Enforcement of a judgment of the Court – the authority of res judicata – Period of 24 months – Principle proportionality

Citations:

T-86/08, [2012] EUECJ T-86/08

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463226

JJ Komen En Zonen Beheer Heerhugowaard v Staatssecretaris van Financien: ECJ 12 Jul 2012

ECJ Sixth VAT Directive – Article 13B(g), read in conjunction with Article 4(3)(a) – Supply of buildings and land upon which they stand – Supply of a building undergoing work with the view to the creation of a new building by transformation – Continuation and completion of the work by the purchaser after the supply – Exemption from VAT

Judges:

J-C Bonichot, P

Citations:

C-326/11, [2012] EUECJ C-326/11

Links:

Bailii

European, VAT

Updated: 04 November 2022; Ref: scu.463232

Comercial Losan v OHMI – McDonald’s International Property (Mc. Baby): ECFI 5 Jul 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark Mc. Baby – Earlier Community figurative mark Mc Kids. always quality. always fun! – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

Judges:

Dittrich P

Citations:

T-466/09, [2012] EUECJ T-466/09

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463214

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

Aiello v Ohmi – Cantoni Itc (100% Capri) (Community Trade Mark): ECFI 12 Jul 2012

ECFI Community trade mark – Opposition proceedings – Notification of the opposing party’s pleading before the Board of Appeal – Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 – Rights of the defence

Citations:

T-279/09, [2012] EUECJ T-279/09

Links:

Bailii

Statutes:

Regulation (EC) No 2868/95 67(1)

European, Intellectual Property

Updated: 04 November 2022; Ref: scu.463209

Alliance One International And Standard Commercial Tobacco v Commission: ECJ 12 Jan 2012

ECJ Opinion – Appeals – Competition – Agreements, decisions and concerted practices – Article 81 EC – Article 23 of Regulation (EC) No 1/2003 – Spanish market in raw tobacco – Price-fixing and market-sharing – Liability of a parent company for cartel offences of its subsidiary – Criteria for the attribution of liability for infringements within a group of undertakings – Limits of the Commission’s discretion in imposing fines – Principle of equal treatment – Prohibition of discrimination by the Commission against participants in a cartel – Obligation to state the reasons on which a decision is based – Prohibition of subsequently adding reasons for the decision on fines in the judicial proceedings

Judges:

Kokott AG

Citations:

C-628/10, [2012] EUECJ C-628/10 – P – O

Links:

Bailii

Citing:

See Also – Alliance One International And Standard Commercial Tobacco v Commission ECJ 14-Sep-2011
ECJ Order of the President . .

Cited by:

Opinion – Alliance One International And Standard Commercial Tobacco v Commission ECJ 19-Jul-2012
ECJ Appeals – Competition – Agreements, decisions and concerted practices – Spanish market for the purchase and first processing of raw tobacco – Price-fixing and market-sharing – Infringement of Article 81 EC – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 04 November 2022; Ref: scu.463179

AI v Court Of Justice: ECJ 11 Jul 2012

ECJ Public service – Temporary staff – Internal competition – Exclusion of the competition following the result obtained in the first written test – Review – Equal treatment – Reclassification of fixed-term contracts in permanent contract – Non-renewal of a contract temporary staff to fixed term – Action for annulment – Action for damages

Citations:

F-85/10, [2012] EUECJ F-85/10

Links:

Bailii

European

Updated: 04 November 2022; Ref: scu.463208

Geistbeck and Another v Saatgut-Treuhandverwaltungs Gmbh: ECJ 29 Mar 2012

ECJ Opinion – Intellectual and industrial property – Regulation (EC) No 2100/94 – Community plant variety rights – Obligation to pay reasonable compensation to the holder of such a right and to compensate the holder for any further damage resulting from the act in question – Criteria for determining reasonable compensation – Infringement – Regulation (EC) No 1768/95 – Farmers’ privilege – Costs of monitoring and supervision

Judges:

Jaaskinen AG

Citations:

C-509/10, [2012] EUECJ C-509/10

Links:

Bailii

Statutes:

Regulation (EC) No 2100/94, Regulation (EC) No 1768/95

Cited by:

Opinion – Geistbeck and Another v Saatgut-Treuhandverwaltungs Gmbh ECJ 5-Jul-2012
ECJ Intellectual and industrial property – Community plant variety rights – Regulation (EC) No 2100/94 – ‘Farmer’s privilege’ – Concept of ‘reasonable compensation’ – Compensation for damage suffered – . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture, Intellectual Property

Updated: 04 November 2022; Ref: scu.463190

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 – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Movement of goods – Equal treatment

Judges:

Kokott AG

Citations:

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

Links:

Bailii

Statutes:

Directive 2002/55/EC

Cited by:

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

European, Agriculture

Updated: 04 November 2022; Ref: scu.463180

Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007

The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ notice was given.
Held: The agent’s appeal failed. The UK had chosen to implement both the allowed systems for calculating compensation, providing an indemnity if agreed by the parties, but otherwise as calculated under regulation 17. The system was derived from French law, and the court was entitled to look to that law for assistance. That did not mean that the British Court should follow French practice, based on commercial practice in France, and award two years’ commission; the article was not an endorsement of French practice, but left the calculation within the discretion of member states. This was not a business fro which anyone would pay the sum sought. Reference to the ECJ was refused.
Lord Hoffmann said: ‘the courts of the United Kingdom would not be acting inconsistently with the directive if they were to calculate the compensation payable under article 17(3) by reference to the value of the agency on the assumption that it continued: the amount which the agent could reasonably expect to receive for the right to stand in his shoes, continue to perform the duties of the agency and receive the commission which he would have received.’

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Neuberger of Abbotsbury

Citations:

[2007] UKHL 32, Times 10-Jul-2008

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17

Jurisdiction:

England and Wales

Citing:

Appeal from – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Cited – Inland Revenue Commissioners v Crossman HL 1937
For a valuation for estate taxes, the value is what a purchaser in the open market would have paid to enjoy whatever rights attached to the property at the relevant date.
Lord Russell of Killowen said that a share is the interest of a . .
Cited – Ingmar Gb Ltd v Eaton Leonard Technologies Inc ECJ 16-Nov-2000
When a commercial agency was terminated in circumstances which under community law would entitle the agent to compensation, that compensation was payable even though the contract expressed itself to be governed by the law of California, and the . .
Cited – Honyvem Informazioni Commerciali (Freedom Of Establishment) ECJ 23-Mar-2006
Europa Independent commercial agents – Directive 86/653/EEC – Entitlement of a commercial agent to an indemnity after termination of the contract. . .
Cited – Page v Combined Shipping and Trading Co Ltd CA 24-May-1996
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation . .
Disapproved – King v T Tunnock Limited IHCS 2000
The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation . .
Cited – Barret Mckenzie and Co Ltd v Escada (UK) Ltd QBD 1-Feb-2001
The court considered the method of calculation of compensation payable to a commercial agent on termination of the agency. The directive provided that the agent should be compensated, not indemnified, and the way an English court calculated . .
Cited – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .
Flawed – Smith, Bailey Palmer v Howard and Hallam Ltd QBD 14-Nov-2005
Claim for compensation after termination of commercial agency agreement. . .
Lists of cited by and citing cases may be incomplete.

European, Agency

Updated: 04 November 2022; Ref: scu.254550

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common law concept of mitigation has no part to play in the exercise, so that the court is not concerned with any steps that the agent might have taken to obtain other employment following the termination of the agency, and that a broad approach is to be adopted to the assessment of compensation.
However the basis of calculation remains unclear . . The two years’ commission rule derived from the practice of the French courts . . has been widely regarded as unsatisfactory and has rarely been applied. . [R]egulation 17(6) requires them to make an award of compensation that is just and equitable in all the circumstances, rather than an award that compensates the agent for any specific loss he has suffered.’ The Directive had not sought to impose a consistent method of calculation of compensation, but ‘the purpose of the regulation is not to provide compensation for damage caused by a breach of duty (for which a claim could be made outside the terms of the Regulations in any event), but to provide compensation for the loss of goodwill for which a claim would not otherwise arise.’ The damages did not only consist of loss of goodwill, but also loss of earnings. ‘The damage suffered by the agent as a result of the termination of his relations with his principal is normally the loss of the agency business, including whatever goodwill attaches to it.’ Any valuation should be at the date of termination.

Citations:

Times 21-Feb-2006, [2006] EWCA Civ 63, [2006] 1 WLR 1281

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents

Jurisdiction:

England and Wales

Citing:

Cited – King v T Tunnock Limited IHCS 2000
The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation . .
Cited – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .
Cited – Ingmar GB Ltd v Eaton Leonard Inc QBD 31-Jul-2001
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European . .
Cited – Page v Combined Shipping and Trading Co Ltd CA 24-May-1996
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation . .
Cited – Duffen v Fra Bo Spa CA 30-Apr-1998
The plaintiff had been appointed as an exclusive sales agent for the defendant for a minimum period of four years. The defendants terminated it eighteen months early claiming fraudulent misrepresentation.
Held: The clause setting the damages . .
Doubted in part – PJ Pipe and Valve Co. Ltd. v Audco India Ltd QBD 2-Sep-2005
The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being . .
Cited – Pure Fishing (UK) Ltd v Cooper Watkins and Bartle CA 29-Sep-2003
The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term.
Held: The . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Light and Others v Ty Europe Ltd CA 25-Jul-2003
The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. . .
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 by:

Cited – King v RCO Support Services Limited and Yorkshire Traction Company Limited CA 8-Dec-2000
The appellant was employed by the first respondents as a steam cleaning operative. The first respondent had contracted to supply cleaning services to the second respondent at one of the second respondent’s yards, where buses were cleaned. The . .
Cited – Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
Appeal from – Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 04 November 2022; Ref: scu.238356

Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The judge dismissed the application on the grounds that, since the defendant could have operated the agreement for the remainder of its term in a way that would not have enabled him to make any money, he did not have an arguable case that he was entitled to recover a significant sum by way of damages.
Held: The claimant’s appeal succeeded. It was arguable that Mr Page was entitled to recover compensation under regulation 17(7) calculated by reference to the amount of commission he would have earned if the contract had been performed in accordance with the parties’ original intention. Staughton LJ: ‘commercial agents are a down-trodden race and need and should be afforded protection against their principals’. The preamble to the Directive: ‘points fairly strongly to an intention to depart from the domestic legal provisions of the various countries in the Community, or at any rate some of them, and achieve a regime which is new to some and will be the same for all.’ It was arguable that the Directive and the Regulations provided a remedy that was not available at common law.

Judges:

Staughton LJ

Citations:

[1997] 3 All ER 656, [1996] EWCA Civ 1312

Links:

Bailii

Statutes:

Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17, Commercial Agents (Council Directive) Regulations 1993

Jurisdiction:

England and Wales

Cited by:

Cited – Ingmar GB Ltd v Eaton Leonard Inc QBD 31-Jul-2001
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European . .
Cited – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .
Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Cited – Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 04 November 2022; Ref: scu.179834

Regina v Secretary of State for Trade and Industry, ex parte British Telecommunications: ECJ 12 Dec 1996

ECJ 1 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Scope – `Telecommunications organizations’ defined as bodies holding special or exclusive rights – Concept
(Council Directives 90/387, Arts 1(1) and 2(1), and 92/44, Art. 2(1); Commission Directives 90/388 and 94/46, Art. 2)
2 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Identification – Fact of having been the subject of a notification made pursuant to the second subparagraph of Article 2(1) of Directive 90/387 – Holding of an operating licence required by national law but granted on a non-discriminatory basis – Enjoyment of special prerogatives granted on a non-discriminatory basis permitting telecommunications networks to be set up – Irrelevant (Council Directives 90/387, Art. 2(1), second subpara., and 92/44)
3 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Bodies holding special or exclusive rights – Concept – Undertakings with exclusive responsibility for operating international lines – Undertaking responsible for the exclusive operation of a public telecommunications network covering part of the country – Included (Council Directives 90/387, Art. 2(1) and 92/44)
4 Approximation of laws – Telecommunications services – Open network provision to leased lines – Directive 92/44 – Obligation to provide a minimum set of leased lines imposed by a Member State only on certain telecommunications organizations – Whether permissible – Conditions
(Council Directive 92/44, Art. 7)
5 Community law – Principles – Proportionality – Obligation referred to in Directive 92/44 to provide, irrespective of whether there is an actual demand, a certain number of lines complying with certain technical characteristics – Breach – None

Citations:

C-302/94, [1996] EUECJ C-302/94

Links:

Bailii

Jurisdiction:

European

European, Utilities

Updated: 04 November 2022; Ref: scu.161462

National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996

The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’.
LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective.
Held: The governing body of the voluntary aided school was an emanation of the State. The school had voluntarily decided to join the State system and to accept financial aid from the LEA. Once it did this, it became an emanation of the State for the purposes of direct effect, since it was providing a public service on behalf of the State (wide interpretation).

Citations:

Times 16-Dec-1996, [1996] EWCA Civ 1194, [1997] ICR 334, (1997) 3 CMLR 630

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794), Acquired Rights Directive

Jurisdiction:

England and Wales

Cited by:

Cited – V v Addey and Stanhope School CA 30-Jul-2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit.
Held: The Court of Appeal upheld a . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 04 November 2022; Ref: scu.141062

Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: Admn 13 Dec 2011

The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required Member States not to exceed limit values of nitrogen dioxide set for 1 January 2010.
Held: Relief was refused: ‘Article 22(1) gives to Member States a discretion to apply to postpone the deadline by a maximum of five years. The use of the word ‘may’ in the English test and ‘peut’ in the French text is unequivocal. It confers a discretion. If a State would otherwise be in breach of its obligations under Article 13 and wishes to postpone the time for compliance with that obligation, then the machinery provided by Article 22(1) is available to it, but it is not obliged to use that machinery. It can, as the United Kingdom Government has done, simply admit its breach and leave it to the Commission to take whatever action the Commission thinks right by way of enforcement under Article 258 of the Treaty on the Functioning of the European Union.’
As to the grant of a mandatory order: ‘such a mandatory order, like the imposition of an obligation on the Government to submit a plan under Article 22 to bring the United Kingdom within limit values by 1 January 2015, would raise serious political and economic questions which are not for this court. It is clear from all I have seen that any practical requirement on the United Kingdom to achieve limit values in its major agglomerations, in particular in London, would impose upon taxpayers and individuals a heavy burden of expenditure which would require difficult political choices to be made. It would be likely to have a significant economic impact. The courts have traditionally been wary of entering this area of political debate for good reason.’

Judges:

Mitting J

Citations:

[2011] EWHC 3623 (Admin)

Links:

Bailii

Statutes:

Directive 2008/50/EC 813

Jurisdiction:

England and Wales

Cited by:

Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .
At First instance – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
At First Instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 03 November 2022; Ref: scu.462994

Cox v Ergo Versicherung Ag and Another: CA 19 Jul 2012

The deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the Ministry of Defence in return for the payment of benefits. She now disputed the effect of the assignment, and appealed against a finding that it was valid and binding.
Held: The appeal failed. The assignment was governed by German law, though it contained no express choice of law.

Judges:

Maurice Kay VP CA, Etherton LJJ, Dame Janet Smith

Citations:

[2012] EWCA Civ 1001

Links:

Bailii

Statutes:

Contracts (Applicable) Law Act 1990 812(1)

Jurisdiction:

England and Wales

Citing:

See Also – Cox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
See Also – 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.

Personal Injury, European, Damages, Contract

Updated: 03 November 2022; Ref: scu.462968

Coast Telecom Ltd v Revenue and Customs: FTTTx 11 Apr 2012

Procedure – application for stay pending determination of references to CJEU – whether First-tier Tribunal bound by Mobilx – yes – whether determination of references would materially assist determination of appeal – no – whether expedient to order a stay – no – tribunal required to find facts – whether Uk observations on referred cases should be disclosed – no – whether questions should be referred to the CJEU – no – applications dismissed

Judges:

Berner TJ

Citations:

[2012] UKFTT 307 (TC)

Links:

Bailii

Citing:

Binding – Mobilx Ltd and Others v HM Revenue and Customs; Blue Sphere Global Ltd v Same and similar CA 12-May-2010
Each company sought repayment of input VAT. HMRC refused, saying that the transactions were the end-product of a fraud on it, and that even if the taxpayer did not know that a fraud was involved, it should have been aware that one was and acted . .
Applied – HP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, European

Updated: 03 November 2022; Ref: scu.462655

Evropaiki Dynamiki v EIB: ECFI 20 Sep 2011

ECFI Public service contracts – Tender procedure – Provision of services in the form of assistance in the maintenance, support and development of an information technology system – Rejection of a tenderer’s bid – Contract awarded to another tenderer – Action for annulment – Admissibility – Jurisdiction – Obligation to state reasons – Right to an effective remedy – Transparency – Proportionality – Equal treatment and non-discrimination – Selection and award criteria – Action for damages – Admissibility – Loss of profit

Citations:

T-461/08, [2011] EUECJ T-461/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 03 November 2022; Ref: scu.444618

Intertanko and Others, Regina (on the Application Of) v Secretary of State for Transport: Admn 30 Jun 2006

The applicants challenged the right of the European Union to make rules against the discharge of pollutant materials from ships in international waters. The Directive departed from standards set in an international harmonised convention.

Judges:

Hodge J

Citations:

[2006] EWHC 1577 (Admin)

Links:

Bailii

Statutes:

European Community Directive 2005/35/EC, International Convention for the Prevention of Pollution from Ships 1973

Jurisdiction:

England and Wales

Environment, Transport, European

Updated: 03 November 2022; Ref: scu.242952

Ministero delle Finanze v IN CO GE ’90 and others: ECJ 22 Oct 1998

(Rec 1998,p I-6307) (Judgment) The case concerned claims for the repayment of a charge which had been levied under Italian legislation which was inconsistent with EU law. A preliminary issue before the national court was whether the claims fell within its jurisdiction: an issue which turned on whether they were of a fiscal or a civil nature. The question which troubled the national court was whether, in deciding that issue, it should treat the national legislation as set aside in its entirety, or whether it could have regard to the legislation for the purpose of characterising the nature of the relationship between the parties at the time when the contested amounts were paid.
Held: Subject to compliance with the principles of non-discrimination and effectiveness, the detailed rules which applied for the repayment of a charge, and the classification for that purpose of the legal relationship established when the charge was levied, were matters to be determined under national law

Citations:

[1998] ECR I-6307, [1998] EUECJ C-10/97

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 03 November 2022; Ref: scu.162030

Keszenleti Rendorseg (Judgment): ECJ 30 Apr 2020

Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 2003/88 / EC – Scope – Derogation – Article 1, paragraph 3 – Directive 89/391 / EEC – Article 2, paragraph 2 – Activities of the police intervention forces

Citations:

C-211/19, [2020] EUECJ C-211/19, ECLI:EU:C:2020:344

Links:

Bailii

Jurisdiction:

European

European

Updated: 03 November 2022; Ref: scu.660137

Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 30 May 2012

The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the compliance by the respondent was not mandatory as to the time suggested. He was correct: ‘I cannot accept that the legislature intended by the terms of Article 22 to create a mandatory and absolute cut-off point for compliance with NO2 limit values as at 1 January 2015. ‘
and ‘it seems to me that he was, with respect, plainly right and the contrary is not contended. His judgment speaks as a declaration. No substantive issue of effective judicial protection arises from his refusal to grant a formal declaration.’

Judges:

Laws, Pitchford LJJ, Sir John Chadwick

Citations:

[2012] EWCA Civ 897, [2013] Env LR 4

Links:

Bailii

Statutes:

Directive 2008/50/EC

Jurisdiction:

England and Wales

Citing:

Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .

Cited by:

Appeal from – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 03 November 2022; Ref: scu.461947

I Marchi Italiani And Basile v OHMI – Osra (B. Antonio Basile 1952): ECFI 28 Jun 2012

ECFI Community trade mark – Invalidity proceedings – Community figurative mark B. Antonio Basile 1952 – Earlier national word mark BASILE – Relative ground for refusal – Limitation in consequence of acquiescence – Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) – Likelihood of confusion – Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)

Judges:

H Kanninen P

Citations:

T-133/09, [2012] EUECJ T-133/09

Links:

Bailii

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461901

Constellation Brands v OHIM (Cook’s): ECFI 28 Jun 2012

ECJ Community trade mark – Word mark COOK’S – 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

Judges:

H Kanninen P

Citations:

T-314/10, [2012] EUECJ T-314/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461898

Commission v Editions Odile Jacob: ECJ 28 Jun 2012

ECJ Appeals – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to merger control proceedings – Regulations (EEC) No 4064/89 and (EC) No 139/2004 – Refusal to grant access – Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions – Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access)

Judges:

Lenaerts P

Citations:

[2012] EUECJ C-404/10 – P, C-404/10, [2011] EUECJ C-404/10 – P

Links:

Bailii, Bailii

Statutes:

Regulation (EC) No 1049/2001

European

Updated: 03 November 2022; Ref: scu.461896

Commission v Agrofert Holding: ECJ 28 Jun 2012

ECJ Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to merger control proceedings – Regulation (EC) No 139/2004 – Refusal of access – Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision-making process of the institutions

Judges:

Lenaerts P

Citations:

C-477/10, [2012] EUECJ C-477/10 – P, [2011] EUECJ C-477/10

Links:

Bailii, Bailii

European

Updated: 03 November 2022; Ref: scu.461895

Erny v Daimler AG: ECJ 28 Jun 2012

ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EEC) No 1612/68 – Article 7(4) – Principle of non-discrimination – Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement – Cross-border workers subject to income tax in the Member State of residence – Notional taking into account of the tax on wages of the Member State of employment

Judges:

JN Cunha Rodrigues P

Citations:

C-172/11, [2012] EUECJ C-172/11, [2014] EUECJ C-172/11

Links:

Bailii, Bailii

European, Employment

Updated: 03 November 2022; Ref: scu.461900

Xxxlutz Marken v OHIM: ECJ 28 Jun 2012

ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Figurative mark Linea Natura Natur hat immer Stil – Opposition by the proprietor of the Community figurative mark natura selection – Relative grounds for refusal – Likelihood of confusion

Citations:

C-306/11, [2012] EUECJ C-306/11 – P

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461904

Melvin West: ECJ 28 Jun 2012

ECJ Police and judicial co-operation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – European arrest warrant issued for the purpose of executing a custodial sentence – Article 28 – Handing later – ‘string’ of European Arrest Warrants – Execution of a third European arrest warrant against the same person – Definition of” Member State of enforcement ‘- Consent to surrender – urgent preliminary ruling procedure.

Judges:

JN Cunha Rodrigues, President

Citations:

C-192/12, [2012] EUECJ C-192/12 – PPU, [2012] EUECJ C-192/12

Links:

Bailii, Bailii

Statutes:

Framework Decision 2002/584/JHA

European, Criminal Practice

Updated: 03 November 2022; Ref: scu.461903

Interkobo v OHMI – Xxxlutz Marken (My Baby): ECFI 27 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark my baby – Earlier national and international word marks MYBABY and earlier national figurative mark mybaby – Relative ground for refusal – Failure to produce evidence in the language of the opposition proceedings – Legitimate expectation – Rules 19(3), 20(1) and 98(1) of Regulation (EC) No 2868/95)

Judges:

O Czucz P

Citations:

T-523/10, [2012] EUECJ T-523/10

Links:

Bailii

Statutes:

Regulation (EC) No 2868/95

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461902

Basile And I Marchi Italiani v OHMI – Osra (B. Antonio Basile 1952): ECFI 28 Jun 2012

ECFI Community trade mark – Invalidity proceedings – Community figurative mark B. Antonio Basile 1952 – Earlier national word mark BASILE – Relative ground for refusal – Foreclosure by tolerance – Article 53, paragraph 2 of Regulation (EC) No 40/94 [now Article 54, paragraph 2 of Regulation (EC) No 207/2009] – Likelihood of confusion – Article 8, paragraph 1 of Regulation No 40/94 [now Article 8, paragraph 1 of Regulation No 207/2009] (French Text)

Citations:

T-134/09, [2012] EUECJ T-134/09

Links:

Bailii

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461893

Usedsoft Gmbh v Oracle International Corp: ECJ 24 Apr 2012

ECJ Opinion – Legal protection of computer programs – Directive 2009/24/EC – Marketing of used software downloaded from the internet – Exhaustion of the distribution right

Judges:

Bot AG

Citations:

[2012] EUECJ C-128/11, C-128/11

Links:

Bailii

Statutes:

Directive 2009/24/EC 4(2) 5(1)

Cited by:

Opinion – Usedsoft Gmbh v Oracle International Corp ECJ 3-Jul-2012
ECJ (Grand Chamber) Legal protection of computer programs – Marketing of used licences for computer programs downloaded from the internet – Directive 2009/24/EC – Articles 4(2) and 5(1) – Exhaustion of the . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461892

Coats Holdings v Commission: ECFI 27 Jun 2012

ECFI Competition – Agreements, decisions and concerted practices – Markets for zip fasteners and ‘other fasteners’ – Decision finding an infringement of Article 81 EC – Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information – Evidence – Single and continuous infringement – Limitation period – Rights of the defence – Fines – Guidelines

Judges:

Czucz P

Citations:

T-439/07, [2012] EUECJ T-439/07

Links:

Bailii

European

Updated: 03 November 2022; Ref: scu.461735

Poland v Commission: ECJ 26 Jun 2012

ECJ Appeal – Common organisation of the markets – Transitional measures adopted because of the accession of new Member States – Regulation (EC) No 1972/2003 on measures in respect of trade in agricultural products – Action for annulment – Period within which action must be brought – Point from which period starts to run – Lateness – Inadmissibility – Amendment of a provision of that regulation – Recommencement of period within which action must be brought – Partial admissibility – Grounds of appeal – Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection – Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality – Infringement of the principles of proportionality and protection of legitimate expectations – Infringement of the hierarchy of norms – Infringement of Article 41 of the 2003 Act of Accession – Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 – Infringement of duty to state reasons

Judges:

Skoris P

Citations:

[2012] EUECJ C-335/09 – P

Links:

Bailii

Citing:

See Also – Poland v Commission ECJ 1-Mar-2012
ECJ Appeal – Agriculture – Common organization of markets – Transitional measures adopted in view of the accession of new Member States – Regulation (EC) No 1972/2003 – Action for annulment – Time – Getting . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 03 November 2022; Ref: scu.460910

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ECJ 21 Jun 2012

ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation

Judges:

Cruz Villalon AG

Citations:

C-173/11, [2012] EUECJ C-173/11

Links:

Bailii

Statutes:

Directive 96/9/EC

Citing:

At first instance – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010
The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . .
Reference – Football Dataco Ltd and Others v Sportradar Gmbh and Another CA 29-Mar-2011
Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures. . .
See Also – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 8-May-2012
. .

Cited by:

Opinion – Football Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 18-Oct-2012
ECJ Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re-utilisation – Localisation of the act of . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461736

Hearst Communications v OHMI – Vida Estetica (Cosmobelleza): ECFI 27 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark COSMOBELLEZA – Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW – Non-registered marks and trade names COSMO and COSMOPOLITAN – Relative grounds for refusal – No likelihood of confusion – No similarity between the marks – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Forwood J

Citations:

T-344/09, [2012] EUECJ T-344/09

Links:

Bailii

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.461737

Commission v Portugal: ECJ 21 Jun 2012

ECJ Failure to fulfill obligations – Environment – Directive 2000/60/EC – Union policy in the field of water – Plans of River Basin Management – Publication and notification to the Commission – None – Informing and consulting the public on draft management plans – No

Judges:

Safjan P

Citations:

C-223/11, [2012] EUECJ C-223/11

Links:

Bailii

European

Updated: 03 November 2022; Ref: scu.460890

Spain v Commission: ECFI 21 Jun 2012

ECFI Operational Programme of Cohesion Fund and ERDF managed by Spain (ESF Operational Programme Fight against Discrimination 2007-2013) – Application for interim payment – Decision to suspend the payment period for a significant deficiency in the operating systems management and control – Action for annulment – Admissibility – Article 87, paragraph 2 of Regulation (EC) No 1083/2006

Citations:

T-264/10, [2012] EUECJ T-264/10

Links:

Bailii

European

Updated: 03 November 2022; Ref: scu.460897

Civad v Receveur des douanes de Roubaix: ECJ 14 Jun 2012

ECJ Community Customs Code – Article 236(2) – Repayment of duties not legally owed – Time-limit – Regulation (EC) No 2398/97 – Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan – Regulation (EC) No 1515/2001 – Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid – Concept of ‘force majeure’ – Time at which the obligation to repay import duties arises

Judges:

Lenaerts P

Citations:

[2012] EUECJ C-533/10, C-533/10

Links:

Bailii

Citing:

Opinion – Civad v Receveur des douanes de Roubaix ECJ 14-Jun-2012
ECJ Opinion – Community Customs Code – Regulation imposing anti-dumping duties – Repayment of duties paid under a regulation subsequently declared invalid – Force majeure – Point at which the obligation of the . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 03 November 2022; Ref: scu.460901

Kavaklidere-Europe v OHMI – Yakult Honsha (Yakult): ECFI 21 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for the Community word mark Yakut – Earlier Community figurative mark Yakult – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Citations:

T-276/09, [2012] EUECJ T-276/09

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 03 November 2022; Ref: scu.460893

Poland v Commission: ECJ 1 Mar 2012

ECJ Appeal – Agriculture – Common organization of markets – Transitional measures adopted in view of the accession of new Member States – Regulation (EC) No 1972/2003 – Action for annulment – Time – Getting Started – Lateness – Right of appeal the new Member States in respect of acts adopted between the signing date and the date of entry into force of the Accession Treaty – EU law – The Union’s values ??- rule of law – equality of Member States before the treated – Regulation (EC) No 735/2004 amending Regulation No 1972/2003 – Provisions of secondary legislation derogating from a primary legislation – Hierarchy of norms – Obligation to state reasons – specific Motivation

Citations:

C-335/09, [2012] EUECJ C-335/09 – P

Links:

Bailii

Cited by:

See Also – Poland v Commission ECJ 26-Jun-2012
ECJ Appeal – Common organisation of the markets – Transitional measures adopted because of the accession of new Member States – Regulation (EC) No 1972/2003 on measures in respect of trade in agricultural . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 03 November 2022; Ref: scu.460886

Beverly Hills Teddy Bear Company v Pms International Group Plc: IPEC 17 Sep 2019

The defendant sought summary judgment which would have the effect of striking out part of the claim. No facts were in dispute – the application raised solely a point of European Union design law.

Judges:

Judge Hacon

Citations:

[2019] EWHC 2419 (IPEC)

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, European

Updated: 01 November 2022; Ref: scu.649067

Cristina v Commission: ECJ 20 Jun 2012

ECJ Public service – Open competition – Decision of the jury of non-admission to participate in evaluation tests – Appeal – Appeals court introduced without awaiting the decision of the administrative complaint – Admissibility – Specific conditions in the contest – professional experience related to the job

Citations:

F-83/11, [2012] EUECJ F-83/11

Links:

Bailii

Jurisdiction:

European

European

Updated: 01 November 2022; Ref: scu.460561

Biofrescos v Commission: ECFI 18 Jun 2012

ECFI Customs Union – frozen prawns from Indonesia – Certificates of Origin invalid – Post-clearance recovery of import duties – Application for remission of import duties – Article 220, paragraph 2, b), and Article 239 of Regulation (EEC) No 2913/92

Judges:

Kanninen P

Citations:

T-159/09, [2012] EUECJ T-159/09

Links:

Bailii

Statutes:

Regulation (EEC) No 2913/92

European, Customs and Excise

Updated: 01 November 2022; Ref: scu.460558

Xxxlutz Marken v OHMI – Meyer Manufacturing (Circon): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark CIRCON – Earlier Community word mark Circulon – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Distinctive high – Reputation – Article 8, paragraph a, b) of Regulation (EC) No 207/2009 – Procedure before the Board of Appeal – Defence rights – Articles 75 and 76 of Regulation No 207/2009

Judges:

Czucz P

Citations:

T-542/10, [2012] EUECJ T-542/10

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460432

Sud-Chemie v OHMI – Byk-Cera (Ceratix): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark CERATIX – Earlier national word mark CERATOFIX – Genuine use of earlier mark – Article 42, paragraphs 2 and 3 of Regulation (EC) No 207/2009

Judges:

Truchot P

Citations:

T-312/11, [2012] EUECJ T-312/11

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460430

Seikoh Giken v OHMI – Seiko Holdings (Sg Seikoh Giken): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – International registration – Application for territorial extension of the protection – Figurative mark SG SEIKOH GIKEN – Earlier Community word mark SEIKO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Kanninen P

Citations:

T-519/10, [2012] EUECJ T-519/10

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460426

Organismos Kypriakis Galaktokomikis Viomichanias v OHMI – Garmo (Hellim): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for the Community word mark HELLIM – Earlier Community collective word mark HALLOUMI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to be heard – Article 63(2) of Regulation No 207/2009

Judges:

Truchot P

Citations:

T-534/10, [2012] EUECJ T-534/10

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460425

Stichting Natuur En Milieu And Pesticide Action Network Europe v Commission: ECFI 14 Jun 2012

ECFI Environment – Regulation (EC) No 1367/2006 – Maximum residue levels for pesticides – Request for internal review – Refusal – Measure of individual scope – Validity – Aarhus Convention

Judges:

Dittrich P

Citations:

T-338/08, [2012] EUECJ T-338/08

Links:

Bailii

Statutes:

Regulation (EC) No 1367/2006

European, Environment

Updated: 01 November 2022; Ref: scu.460428

Mocova v Commission: ECJ 13 Jun 2012

ECJ Public service – Temporary staff – Non-renewal of fixed term contracts – Discretion – Article 8 of the CEOS – Article 4 of the decision of the Director General of OLAF of 30 June 2005 on the new policy engagement and employment of temporary staff from OLAF – Maximum duration of temporary staff contracts

Citations:

F-41/11, [2012] EUECJ F-41/11

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460423

Hudzinski v Agentur fur Arbeit Wesel – Familienkasse: ECJ 16 Feb 2012

ECJ Social security – Child benefit – Articles 14(1)(a) and 14a(1)(a) of Regulation (EEC) No 1408/71 – Temporary work in another Member State – Legislation applicable – Right of a Member State other than the competent State to grant child benefit

Citations:

C-611/10, [2012] EUECJ C-611/10, [2011] EUECJ C-611/10

Links:

Bailii, Bailii

Cited by:

See Also – Hudzinski v Agentur fur Arbeit Wesel – Familienkasse ECJ 12-Jun-2012
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 14(1)(a) and 14a(1)(a) – Articles 45 TFEU and 48 TFEU – Temporary work in a Member State other than that in which work is normally . .
Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 01 November 2022; Ref: scu.460412

Hotel Reservation Service Robert Ragge v Ohmi – Promotora Imperial (Ihotel): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark iHotel – Earlier Community figurative mark i-hotel – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009

Citations:

T-277/11, [2012] EUECJ T-277/11

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460418

Guittet v Commission: ECJ 13 Jun 2012

ECJ Public – Former official – Social Security – Accident – Closure of the proceeding under Article 73 of the Staff – Temporal application of the scale annexed to the new version of the regulations on insurance against accidents and occupational diseases – Duration of the procedure

Citations:

F-31/10, [2012] EUECJ F-31/10

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460416

Macchia v Commission: ECJ 13 Jun 2012

ECJ Public service – Temporary staff – Non-renewal of fixed term contracts – Discretion of the administration – Duty of care – Article 8 of the CEOS – Article 4 of the decision of the Director General of OLAF, the June 30, 2005, on the new policy of engagement and employment of temporary staff from OLAF – Maximum duration of temporary staff contracts

Citations:

F-63/11, [2012] EUECJ F-63/11

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460422

BL v Commission: ECJ 13 Jun 2012

ECJ Public – Former official – Social Security – Accident – Closure of the proceeding under Article 73 of the Staff – Temporal application of the scale annexed to the new version of the regulations on insurance against accidents and occupational diseases – Duration of the procedure.

Citations:

F-63/10, [2012] EUECJ F-63/10

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460414

Stichting Regionaal Opleidingencentrum Van Amsterdam v OHMI – Investimust (College): ECFI 12 Jun 2012

ECFI Community trade mark – Invalidity proceedings – Community word mark COLLEGE – Absolute ground for refusal – Absence of descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

Judges:

Pelikanova P

Citations:

T-165/11, [2012] EUECJ T-165/11, [2011] EUECJ T-165/11

Links:

Bailii, Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460429

Davids v Commission: ECJ 13 Jun 2012

ECJ Public service – Temporary staff – Temporary staff in permanent employment – Non-renewal of a fixed-term contracts – Discretion of the administration – Article 8 of the CEOS – Article 4 of the decision of the Director General of the OLAF of 30 June 2005 on the new policy of engagement and employment of temporary staff from OLAF – Maximum duration of temporary staff contracts – Abuse of rights.

Citations:

F-105/11, [2012] EUECJ F-105/11

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460415

Hartmann v OHMI – Molnlycke Health Care (Mesilette): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark MESILETTE – Earlier national and international word marks MEDINETTE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Kanninen R

Citations:

T-342/10, [2012] EUECJ T-342/10

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460417

Organismos Kypriakis Galaktokomikis Viomichanias v OHMI – Garmo (Gazi Hellim): ECFI 13 Jun 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark GAZI Hellim – Community collective mark earlier word halloumi – Relative ground for refusal – Similarity of signs – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009

Judges:

Truchot P

Citations:

T-535/10, [2012] EUECJ T-535/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460424

TMS Trademark-Schutzrechtsverwertungsgesellschaft v Ohmi – Comercial Jacinto Parera (Mad): ECFI 24 May 2012

ECFI Community trade mark – revocation – Community figurative mark MAD – Genuine use of the mark – Article 51, paragraph 1, sub a) of Regulation (EC) No 207/2009 – form differing in elements which do not alter the distinctive character – Article 15, paragraph 1, sub a) of Regulation No 207/2009

Judges:

Truchot P

Citations:

T-152/11, [2012] EUECJ T-152/11

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460211

JBF RAK v Council: ECFI 24 May 2012

ECFI Subsidies – Imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates – Definitive countervailing duty and definite collection of provisional duty – Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 – Principle of sound administration

Judges:

Dittrich P

Citations:

T-555/10, [2012] EUECJ T-555/10

Links:

Bailii

European

Updated: 01 November 2022; Ref: scu.460209

Grupo Osborne v OHMI – Industria Licorera Quezalteca (Toro Xl): ECFI 24 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark TORO XL – Earlier Community figurative mark XL – Relative ground for refusal – Article 8, paragraph 1, sub b) of Regulation No 207/2009 – No risk of confusion

Citations:

T-169/10, [2012] EUECJ T-169/10

Links:

Bailii

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460207

Bonda: ECJ 5 Jun 2012

ECJ Common agricultural policy – Single area payment scheme – Regulation (EC) No 1973/2004 – Article 138(1) – Exclusion from receiving aid if the area declared is not correct – Administrative or criminal nature of that penalty – Rule against the overlapping of criminal penalties – Ne bis in idem principle.

Judges:

Skouris P

Citations:

C-489/10, [2012] EUECJ C-489/10, [2011] EUECJ C-489/10

Links:

Bailii, Bailii

European, Agriculture

Updated: 01 November 2022; Ref: scu.460214

Giannakouris v Commission: ECJ 5 Jun 2012

ECJ Public service – Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Deduction of an allowance of like nature received from another

Judges:

Barents Rapp

Citations:

F-83/10, [2012] EUECJ F-83/10

Links:

Bailii

Citing:

See Also – Giannakouris v Commission ECJ 27-May-2011
Order – Junction . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 01 November 2022; Ref: scu.460217

Nike International v OHMI – Intermar Simanto Nahmias (Jumpman): ECFI 25 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark JUMPMAN – Earlier national word mark JUMP – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Azizi R

Citations:

T-233/10, [2012] EUECJ T-233/10

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 01 November 2022; Ref: scu.460210