Category: European

Bavarian Lager Co Ltd v DTI: 2002

The court was asked to enforce a beer tie agreement.
Held: The court refused summarily to dismiss the claim on the ground, as claimed by the defendant, that it was contrary to Article 28 EC Treaty as amounting to a quantitative restriction on imports: ‘[Counsel] has done sufficient to satisfy me that the questions which arise are highly complex ones…I cannot regard it as very likely that the claimants in this action will succeed…but I cannot say that they have no prospect. The test which has to be applied is whether they have a real prospect and of course a prospect can be real, notwithstanding that it is a small prospect or one that does not seem terribly likely to eventuate.’

Judges:

Tomlinson J

Citations:

[2002] 2 UKCLR 160

Cited by:

Cited – Adidas-Salomon Ag v Drape and others ChD 7-Jun-2006
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 01 May 2022; Ref: scu.242356

In Re Hartlebury Printers Ltd: 1992

Insolvency, at least per se, does not amount to a special circumstance exempting an employer from consulting employees on redundancy. Morritt J noted the distinction in the Directive between contemplated and projected redundancies and section 99 to an employer ‘proposing to dismiss’ and said: ‘The Union contends that both those sections should be construed to give effect to the Directive so that the duty under section 99 arises when an employer has redundancies in contemplation. That it is the duty of the Court, if possible, to construe United Kingdom legislation so as to comply with the United Kingdom’s obligations under an EEC Directive is not in doubt. But that must be achieved, if at all, by proper processes of construction, not so far as the Court is concerned by the equivalent of legislation.
Dealing first with the Directive, it seems to me that the word ‘projected’ in Article 3 is used in the sense of ‘then intended’ after the processes of consultation with the Union had been completed.’ . . Thus the contemplation referred to in Article 2(1) is something less than intention. Nevertheless, the range of mental states included within the word is wide. It would extend from merely ‘thinking about’ to ‘having in view or expecting’. In the latter sense, but not the former, the word would equate with the verb to propose . . Approaching that problem from the wording of section 99 I think it is clear, not least from subsection (5) that the phrase ‘an employer proposing to dismiss as redundant’ cannot include one who is merely thinking about the possibilities of redundancies. Thus I cannot construe the word ‘proposing’ to embrace the full range of the possible meaning of the word ‘contemplating’ but I can construe ‘contemplating’ in a sense equivalent to ‘proposing’. Article 2 (1) of the Directive has not, so far as I know, been construed by the European Court of Justice. Thus I assume, because it is for the Court of Justice and not for me to decide, that section 99 does comply with the United Kingdom’s obligations.’

Judges:

Morritt J

Citations:

[1992] ICR 559, [1993] BCLC 902

Statutes:

Employment Protection Act 1975 99

Cited by:

Cited – Enron Metals and Commodity Ltd (in Administration) v HIH Casualty and General Insurance Limited ChD 10-Mar-2005
The claimant company sought leave whilst in administration to bring arbitration proceedings against the defendant insurers.
Held: In exercising the discretion given by the section, the court had only to decide whether the claim was so bad that . .
Cited – Krasner v McMath; in Re Huddersfield Fine Worsteds Limited CA 12-Aug-2005
The administrators had adopted the contracts of certain employees, who now claimed that the protective awards should have priority to the expenses of the administration.
Held: The payments did fall within paragraph 99(5) and do not have . .
Cited – MSF v Refuge Assurance Plc, United Friendly Insurance EAT 15-Feb-2002
EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Employment, European

Updated: 30 April 2022; Ref: scu.225879

Duke v GEC Reliance Systems Limited: CA 16 Feb 1987

The court was said to have failed to have proper regard to a European Directive.
The court discussed the meaning of the phrase ‘per incuriam’: ‘I have always understood that the doctrine of per incuriam only applies where another division of this court has reached a decision in the absence of knowledge of a decision binding on it or a statute, and that in either case it has to be shown that had the court had this material, it must have reached a contrary decision . . I do not understand the doctrine to extend to a case where, if different arguments had been placed before it, or if different material had been placed before it, it might have reached a different conclusion.’

Judges:

Lord Donaldson MR

Citations:

[1988] QB 108

Jurisdiction:

England and Wales

Citing:

Appeal from – Duke v Reliance Systems Limited EAT 1982
The EAT was asked whether a policy in regard to a retiring age had been communicated to employees or whether there was evidence of any universal practice to that effect. Browne-Wilkinson J said: ‘[T]here was no evidence that the employers’ policy of . .

Cited by:

Appeal from – Duke v GEC Reliance Systems Limited HL 2-Jan-1988
The court was asked about the differential in retirement ages between men and women in private sector employment, and whether it constituted sex discrimination.
Held: Section 2(4) of the 1972 Act did not allow a British Court to distort the . .
Cited – Saggar v Ministry of Defence EAT 25-May-2004
Three Defence employees sought to bring claims of variously race and sex discrimination against the Ministry. In each case their services were provided almost entirely abroad, and the defendant argued that there was no jurisdiction to hear the case, . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, European

Updated: 30 April 2022; Ref: scu.222588

Hayward v Cammell Laird Shipbuilders Ltd (No. 2): HL 1988

A woman complained that she was not being paid as much as male colleagues who were doing work of equal value. An Act of Parliament had made certain provisions in that regard. Later, that Act had been amended for the purpose of complying with Community law and this had been done by regulations made under section 2(2) of the European Communities Act 1972. If the applicant has terms in her contract which are more favourable than equivalent terms in the comparator’s contract the applicant keeps the benefit of those terms and in addition is entitled to have any less favourable term in her contract modified so as to be not less favourable than the equivalent term in the comparator’s contract or, if the comparator has in his contract a beneficial term which does not appear in the applicant’s contract, to have such a term included in her contract. It is not open to an employer to say ‘I have not modified that clause in the applicant’s contract because although it is less favourable than the similar clause in the comparator’s contract, looked at overall the applicant’s contract is as favourable to her as the comparator’s contract is favourable to him.’ Lord Mackay ‘Generally speaking primary legislation in the United Kingdom could confer a greater [employment] benefit on the appellant than she would be entitled to under the community legislation. The present case is special since the particular provisions on which the appellant relies for her case were inserted by regulations made under the European Communities Act 1972 and accordingly it might be questioned whether, if higher rights than those conferred under community law were provided in this way under domestic law, the making of the regulations was a proper exercise of the statutory power conferred by the European Communities Act 1972.’

Judges:

Lord Mackay of Clashfern LC, Lord Bridge, Lord Brandon and Lord Griffiths

Citations:

[1988] 2 All ER 257, [1988] ICR 464, [1988] 2 WLR 1134, [1988] AC 894

Statutes:

European Communities Act 1972 2(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Hayward v Cammell Laird Shipbuilders Ltd (No. 2) CA 1987
. .
See Also – Hayward v Cammell Laird Shipbuilders Ltd HL 1984
The system of job evaluation when selecting for redundancies, for which there is uniquely by statue the designation of an expert, is one which is susceptible to different methodologies. . .

Cited by:

Appealed to – Hayward v Cammell Laird Shipbuilders Ltd (No. 2) CA 1987
. .
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Cited – Brownbill and Others v St Helens and Knowsley Hospital NHS Trust EAT 6-Aug-2010
EAT EQUAL PAY ACT – Case management
This appeal by some of the Claimants in a multiple equal pay claim, from a judgment on a PHR, raised the important question of the meaning of section 1(2) of the Equal Pay . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, European

Updated: 30 April 2022; Ref: scu.200624

Celtec Limited v Astley and others: HL 10 Nov 2003

The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a transfer of an undertaking, with employees, premises and database. It was said that the Regulations failed properly to implement the directive, having allowed ambiguity about the need for a single point for a transfer.
Held: The question should be referred to the European Court of Justice, and also the Court should be asked how such a single time be identified.

Judges:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hobhouse of Woodborough, Lord Rodger of Earlsferry

Links:

House of Lords

Statutes:

Council Directive 77/187/EEC, Transfer of Undertakings (Protection of Employees) Regulations 1981 (SI 1981 No 1794)

Jurisdiction:

England and Wales

Citing:

Appeal from – J Astley and others v Celtec Ltd CA 19-Jul-2002
Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment. . .
At EAT – Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes EAT 5-Oct-2001
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom . .

Cited by:

First House of Lords – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
HL reference – Celtec Ltd v John Astley and Others ECJ 26-May-2005
Europa Directive 77/187/EEC – Article 3(1) – Safeguarding of employees’ rights in the event of transfers of undertakings – Transferor’s rights and obligations arising from a contract of employment or from an . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 29 April 2022; Ref: scu.187761

Horne Engineering v Reliance Water Controls: 10 Jun 1999

cw Action for infringement of European patent relating to thermostatic mixing valve.

Judges:

Pumfrey J

Citations:

[2000] FSR 90

Cited by:

Applied – McGhan Medical Uk Ltd v Nagor Ltd and Biosil Ltd PatC 28-Feb-2001
The claimants had a patent for breast (and other) implants, the surface of which was claimed to be an improvement. They claimed infringement, and the defendant challenged the validity of the patent as lacking novelty, obviousness, and that . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 29 April 2022; Ref: scu.183480

Sabores De Navarra v OHMI – Frutas Solano (Kit, El Sabor De Navarra): ECFI 21 Jan 2015

ECJ (Judgment) Community trade mark – Invalidity proceedings – Community word mark KIT, EL SABOR OF NAVARRE – Earlier Community figurative mark Sabores de Navarra The Sabiduria del Sabor – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) and Article 53, paragraph 1 a) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 15 and Article 57, paragraph 2 of Regulation No 207/2009 – Form differing in elements alter the distinctive character

Citations:

T-46/13, [2015] EUECJ T-46/13

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 29 April 2022; Ref: scu.541699

Les Laboratoires Servier SA v Ministre des Affaires sociales et de la Sante, Ministre de l’Economie et des Finances: ECJ 26 Feb 2015

ECJ Reference for a preliminary ruling – Medicinal products for human use – Directive 89/105/EEC – Article 6(2) – Establishment of a list of medicinal products reimbursed by the health insurance funds – Amendment of the conditions of reimbursement of a medicinal product when renewing its inclusion in such a list – Obligation to state reasons)

Citations:

C-691/13, [2015] EUECJ C-691/13, ECLI:EU:C:2015:121

Links:

Bailii

Jurisdiction:

European

European

Updated: 29 April 2022; Ref: scu.543511

Laboratoires Servier v Commission: ECFI 28 Jan 2003

ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Serotonergic anorectics: dexfenfluramine, fenfluramine – Directives 65/65/EEC and 75/319/EEC.

Citations:

T-147/00, [2003] EUECJ T-147/00

Links:

Bailii

Statutes:

Directive 75/319/EEC, Directive 65/65/EEC

Jurisdiction:

European

Health Professions

Updated: 29 April 2022; Ref: scu.179005

Whitehead v Jenks and Cattell Engineering Ltd: 1999

Citations:

[1999] Eur LR 827

Jurisdiction:

England and Wales

Cited by:

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

European, Agency

Updated: 28 April 2022; Ref: scu.179829

Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001

The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract of employment during such a period. The provisions are opaque, but the rules as to calculation of weekly pay are not relevant in calculating continuous employment, and the regulations provide the entire definition. In this case there was no mutuality of obligation either to provide or undertake work, and accordingly there was no contract of service. The regulation may not correctly implement the Directive in this respect.
EAT Unlawful Deduction from Wages –

Judges:

His Honour Judge Peter Clark

Citations:

EAT/1186/00

Statutes:

Working Time Regulations 1998 (1998 No 1833) 13, Employment Rights Act 1996 221 222 223 224, EC Directive 93/104

Jurisdiction:

England and Wales

European, Employment

Updated: 28 April 2022; Ref: scu.168300

Corus UK Ltd v Commission of the European Communities: ECFI 10 Oct 2001

Where the applicant had had to pay a fine to the commission, but the amount of the fine was later reduced by the court, the Commission was obliged to pay interest on the excess payment. An annulment of a judgment operated retroactively, and the obligation to re-instate the applicant’s position included an obligation to pay interest necessary to achieve that effect.

Citations:

Times 15-Nov-2001, Case T-171/99

Jurisdiction:

England and Wales

European

Updated: 28 April 2022; Ref: scu.166810

International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001

The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review.
Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the penalties allowed at enforcement stage were inadequate to remedy the infringements of his right to a fair trial. It was impossible to reconcile the rules and convention rights and a declaration of incompatibility was made.

Citations:

Times 11-Dec-2001, Gazette 10-Jan-2002

Statutes:

Immigration and Asylum Act 1999, Carriers’ Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 (SI 2000 No 685), Carriers’ Liability (Clandestine Entrants) (Code of Practice) Order 2000 (SI 2000 No 684), Human Rights Act 1998, EC Treaty

Cited by:

Appeal from – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
Lists of cited by and citing cases may be incomplete.

European, Transport, Human Rights, Immigration

Updated: 28 April 2022; Ref: scu.166974

Westdeutsche Landesbank Girozentrale v Stefan: ECJ 11 Jan 2001

ECJ National rules prohibiting the registration of mortgages in foreign currencies – Breach of that prohibition before Community law entered into force in Austria – Interpretation of Article 73b of the EC Treaty (now Article 56 EC) – Whether Community law can operate to remedy the registration)

Judges:

A. La Pergola, P

Citations:

[2001] EUECJ C-464/98, C-464/98

Links:

Bailii

Jurisdiction:

England and Wales

European

Updated: 28 April 2022; Ref: scu.162571

FNAB and others v Council (Order): ECJ 10 May 2001

ECJ Appeal – Regulation (EEC) No 1804/1999 – Prohibition of use of indications suggesting an organic method of production in the labelling and advertising of products not obtained by that production method – Temporary derogation for existing trademarks – Application for annulment – Inadmissible – Appeal manifestly unfounded

Citations:

C-345/00

Statutes:

Regulation (EEC) No 1804/1999

European

Updated: 28 April 2022; Ref: scu.162803

Regina v Ministry of Agriculture, Fisheries and Food, ex parte: Lay, Gage and Gage: ECJ 16 Oct 1997

ECJ Agriculture – Common organization of the markets – Milk and milk products -Additional levy on milk – Allocation of reference quantities exempt from the levy – Producers having suspended deliveries under the system of premiums for non-marketing or conversion – Grant of a special reference quantity -Transfer of part of a mixed holding – Apportionment of the special reference quantity in proportion to the part of the holding given over to milk production at the time when the non-marketing undertaking was entered into (Council Regulations No 1078/77 and No 2055/93, Arts 1(2) and 2)
Articles 1(2) and 2 of Regulation No 2055/93, which introduced, under the additional milk levy system, rules for calculating the special reference quantity where part of a holding is transferred, must be interpreted as meaning that, where part of a mixed holding is transferred, the reference quantity must be apportioned between the transferor and transferee, or allocated to the transferee, in proportion to the part of the holding directly or indirectly given over to dairy production at the time when the non-marketing undertaking was entered into pursuant to Regulation No 1078/77, and not in proportion to the total area of the holding.

Citations:

Case C-165/95

European, Agriculture

Updated: 28 April 2022; Ref: scu.161593

Commission v France (Judgment): ECJ 18 Mar 1999

ECJ A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive. In an action under Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing at the end of the period laid down in the reasoned opinion. Article 4(1) and (2) of Directive 79/409 on the conservation of wild birds requires the Member States to provide the special protection areas referred to therein with a legal protection regime that is capable, in particular, of ensuring both the survival and reproduction of the bird species listed in Annex I to the directive and the breeding, moulting and wintering of migratory species which are regular visitors, albeit not listed in that annex. A protection regime under which – for want of any specific substantive measures, except in relation to hunting – the only status enjoyed by a special protection area is that of State-owned land and of a maritime game reserve is incapable of providing adequate protection for the purposes of those provisions. 4 Under Article 4(4) of Directive 79/409 on the conservation of wild birds, Member States are required to take appropriate steps to avoid pollution and deterioration of the habitats of the species concerned, even in relation to an area which has not been classified as a special protection area provided that, under the directive, it should have been so classified. It follows that any infringement of that provision presupposes that the area in question is one of the most suitable territories in number and size for the conservation of protected species, within the meaning of the fourth subparagraph of Article 4(1) of the directive which lays down the criteria for such classification. In this connection, the mere fact that a site has been included by a Member State in an inventory of important areas for bird conservation does not prove that it ought to have been classified as a special protection area.

Citations:

C-166/97, [1999] ECR I-1719

Cited by:

Cited – Bown v Secretary of State for Transport CA 31-Jul-2003
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 28 April 2022; Ref: scu.162112

Regina v Ministry of Agriculture Fisheries and Food ex parte First City Trading Limited and Others: Admn 26 Mar 1997

Citations:

[1997] EWHC Admin 334

Citing:

See Also – Regina v Ministry of Agriculture Fisheries and Food and Another Ex Parte First City trading Etc QBD 20-Dec-1996
EU law principles do not apply in domestic law unless implementing EU law. Laws J said that: ‘Wednesbury and European review are two different models – one looser, one tighter -of the same juridical concept, which is the imposition of compulsory . .

Cited by:

Reference from – Regina v Intervention Board for Agricultural Produce, ex parte First City Trading and others ECJ 29-Sep-1998
ECJ Reference for a preliminary ruling: High Court of Justice, Queen’s Bench Division – United Kingdom. Agriculture – Common organisation of the markets – Beef – Export refunds -Beef of British origin repatriated . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 April 2022; Ref: scu.137279

Mcdermott and Cotter v Minister For Social Welfare and Attorney-General: ECJ 24 Mar 1987

Europa Where council directive 79/7 has not been implemented, article 4(1) of the directive, which prohibits all discrimination on grounds of sex in matters of social security, could be relied on as from 23 December 1984 in order to preclude the application of any national provision inconsistent with it. In the absence of measures implementing article 4(1) of the directive women are entitled to have the same rules applied to them as are applied to men who are in the same situation, since, where the directive has not been implemented, those rules remain the only valid point of reference.

Citations:

C-286/85, (1987) ECR 1453

Citing:

Cited – Regina v Secretary of State for Social Security Ex Parte Taylor ECJ 16-Dec-1999
The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and . .

Cited by:

Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 April 2022; Ref: scu.134216

Markus and Walsh v Hauptzollamt Hamburg-Jonas: ECJ 15 Oct 1969

Europa Agriculture – processed products not covered by the treaty – trade arrangements – sugar confectionery and food preparations containing cocoa – customs duty bound under GATT – may include the additional duty which the community has reserved the right to charge (regulation no 160/66/eec of the council, article 16). By ‘ customs duty…Bound under GATT ‘ and in respect of tariff headings nos 17.04-c and 18.06-b appearing in schedule xl of annex b to the protocol to the general agreement on customs tariffs and trade embodying the results of the 1960-61 tariff conference, the first paragraph of article 16 of regulation no 160/66/eec of the council includes not only the 27% duty provided for by the aforementioned provisions of that protocol, but also the ‘ additional duty on sugar ‘ mentioned in footnote (a) to the said headings.

Citations:

C-14/69

Jurisdiction:

European

European, Customs and Excise

Updated: 28 April 2022; Ref: scu.131997

Royscott Leasing Ltd and Another v Commissioners of Customs and Excise; Allied Domecq Plc v Same; T C Harrison Group Ltd v Same: CA 23 Nov 1998

The court has the power to with draw a reference of a case to the European Court of Justice. This should only normally be done, however, where it had become clear that the reference would no longer serve any useful purpose.

Citations:

Times 23-Nov-1998

Jurisdiction:

England and Wales

Cited by:

Reference – Royscott Leasing Ltd and others v Customs and Excise Commissioners ECJ 15-Oct-1999
The fact that motor vehicles might in some circumstances be only capable of being used within a person’s trade or business, did not mean that a member state was disallowed from excluding the right to deduct VAT from payments made on the purchase of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 April 2022; Ref: scu.88907

Regina v Ministry of Agriculture Fisheries and Food and Another Ex Parte First City trading Etc: QBD 20 Dec 1996

EU law principles do not apply in domestic law unless implementing EU law. Laws J said that: ‘Wednesbury and European review are two different models – one looser, one tighter -of the same juridical concept, which is the imposition of compulsory standards on decision-makers so as to secure the repudiation of arbitrary power’.

Judges:

Laws J

Citations:

Times 20-Dec-1996, [1997] 1 CMLR 250

Cited by:

See Also – Regina v Ministry of Agriculture Fisheries and Food ex parte First City Trading Limited and Others Admn 26-Mar-1997
. .
See Also – Regina v Intervention Board for Agricultural Produce, ex parte First City Trading and others ECJ 29-Sep-1998
ECJ Reference for a preliminary ruling: High Court of Justice, Queen’s Bench Division – United Kingdom. Agriculture – Common organisation of the markets – Beef – Export refunds -Beef of British origin repatriated . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

European, Administrative

Updated: 28 April 2022; Ref: scu.87358

Citibank International Plc v Kessler and An: CA 24 Mar 1999

A standard clause in a mortgage, giving the right to a lender to prevent the borrower letting the property, did not constitute an unlawful restriction on the freedom of movement of workers under European Law, and was not invalid.

Citations:

Times 24-Mar-1999, Gazette 14-Apr-1999

Statutes:

EC Treaty Art 44

Jurisdiction:

England and Wales

Consumer, European

Updated: 28 April 2022; Ref: scu.79141

Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs: UTTC 16 May 2018

INCOME TAX – pension fund lending overseas shares under stock lending arrangements – ICTA 1988, Sch 23A – manufactured overseas dividends (‘MODs’) representative of dividends on overseas shares – whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital – Art 56 EC Treaty; Art 63 TFEU – whether restriction justified by an overriding reason in the public interest – prevention of tax avoidance – balanced allocation of taxing powers – fiscal cohesion – remedy

Citations:

[2018] UKUT 152 (TCC), [2018] BTC 515, [2019] WLR(D) 544, [2018] STC 1095, [2018] 3 CMLR 35, [2018] STI 1049

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal from – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd CA 3-Oct-2019
. .
At UTTx – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd SC 27-Apr-2022
The Respondent is the trustee of the British Coal Staff Superannuation Scheme, a registered pension fund holding a large portfolio of shares in UK and overseas companies. Between 2002 and 2008, the pension fund undertook a large number of ‘stock . .
Lists of cited by and citing cases may be incomplete.

Income Tax, European

Updated: 28 April 2022; Ref: scu.616367

Holohan and Others (Conservation of Natural Habitats and of Wild Fauna and Flora – Opinion): ECJ 7 Aug 2018

Request for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Special protection area – Appropriate assessment of the effects of a project on an area – Road construction project – Statement of reasons – Alternatives

Citations:

C-461/17, [2018] EUECJ C-461/17 – O, ECLI:EU:C:2018:649

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 28 April 2022; Ref: scu.621612

Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie: QBD 17 Mar 2003

The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a cross claim by someone other than the original defendant to the counterclaim. The normal domicile rule could not support such a derogation.

Judges:

Havelock-Allan J

Citations:

Times 19-Apr-2003

Statutes:

Civil Procedure Rules 20, Council Regulation (EC) 44/2001 6(3)

Jurisdiction:

England and Wales

Citing:

Cited – Baltic Insurance Group v Jordan Grand Prix Limited and Others and Quay Financial Software Limited and Others (By Counter Claim and One Other Action) HL 20-May-1998
The Brussels Convention requires an insurance company to commence a claim against an insured in the country in which it operates. This applies also to non-convention countries, and a counterclaim may not add a new party from another jurisdiction. . .
Cited – Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie QBD 17-Mar-2003
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a . .

Cited by:

Cited – Dollfus Mieg et Cie v CWD International Ltd; LBJ Regents Ltd and another v Dolifus Mieg et Cie QBD 17-Mar-2003
The applicant was a Part 20 defendant in a cross action brought between two other parties. It sought to have its own claim against the original claimant heard as a counterclaim.
Held: Article 6 should not be construed so widely as to allow a . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Civil Procedure Rules, European

Updated: 27 April 2022; Ref: scu.180875

Conegate Ltd v HM Customs and Excise: 1987

Even though the terms of paragraph 6 of schedule 3 to CEMA appear to give the court in forfeiture proceedings no choice but to condemn the goods if they are ‘liable to forfeiture’ under the Act, the court must refuse to do this if to do so would be in breach of the applicant’s rights under Community law.

Citations:

[1987] QB 254

Statutes:

Customs and Excise Management Act 1979 Sch3 Para 6

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Forbes (Giles) HL 20-Jul-2001
The defendant had been convicted of evading a prohibition on importing articles of an obscene or indecent nature. He had been unaware of whether the articles were indecent images of children, or otherwise obscene images. Since the provisions which . .
Cited – Commissioners of Customs and Excise v Newbury Admn 3-Mar-2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive.
Held: The directive had direct effect and precedence over . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, European

Updated: 27 April 2022; Ref: scu.180852