Category: European

JS v Secretary of State for Work and Pensions (CA): UTAA 30 Jul 2019

European Union Law – Council Regulations 1408/71/EEC and (Ec) 883/2004 – the United Kingdom is the competent State for the claimant’s claim for a carer’s allowance. The Secretary of State will now investigate and decide whether she qualifies for an award.

Citations:

[2019] UKUT 239 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, European

Updated: 27 April 2022; Ref: scu.642294

Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access to an independent and impartial tribunal

Judges:

K Lenaerts P

Citations:

ECLI:EU:C:2018:586, [2018] WLR(D) 515, [2018] EUECJ C-216/18PPU

Links:

WLRD, Bailii

Statutes:

Charter of Fundamental Rights of the European Union 47

Jurisdiction:

European

Citing:

Opnion – Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion) ECJ 28-Jun-2018
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for refusal to execute – Charter of Fundamental Rights of the European Union – Article 47 – Right to . .
Lists of cited by and citing cases may be incomplete.

Extradition, European, Human Rights

Updated: 27 April 2022; Ref: scu.634091

Healthspan Ltd v Revenue and Customs: FTTTx 10 Dec 2018

Procedure : Other – reference to the CJEU – parties given the opportunity to comment in accordance with the Tribunal’s directions – Appellant failing to comply with directions – reference finalised and submitted – Appellant’s application that (a) the Tribunal ask the CJEU to return the reference and (b) the returned reference be amended to include changes proposed by the Appellant – application refused.

Citations:

[2018] UKFTT 711 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Taxes Management, European

Updated: 27 April 2022; Ref: scu.632449

Touring Tours Und Travel: ECJ 6 Sep 2018

Opinion – Reference for a preliminary ruling – Area of ??freedom, security and justice – Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Articles 20 and 21 – Abolition of supervision on the internal borders of the Schengen area – Regulation of a Member State requiring a bus operator crossing the internal borders of the Schengen area to check passports and residence permits of passengers – Directive 2002/90 / EC – Framework Decision 2002/946 / JHA – Aid for irregular entry

Citations:

C-412/17, [2018] EUECJ C-412/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622597

Eddy’s Snack Company v EUIPO – Chocoladefabriken Lindt and Sprungli (Eddy’s Snackcompany): ECFI 19 Sep 2018

Trademark of the European Union – Opposition proceedings – Application for the mark of the European Union verbale Eddy’s Snackcompany – Earlier national word mark TEDDY – Relative ground for refusal – Principle ultra petita – Article 76 (1) of the regulation ( EC) No 207/2009 [now Article 95 (1) of Regulation (EU) 2017/1001) – likelihood of confusion – similarity of signs – Article 8 (1) (b) of Regulation No 207/2009 Article 8 (1) (b) of Regulation 2017/1001)

Citations:

T-652/17, [2018] EUECJ T-652/17

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622613

Commission v France and IFP Energies Nouvelles: ECJ 19 Sep 2018

(State Aid Scheme Implemented By France – Unlimited State Guarantee – Judgment) Appeal – State aid – State aid scheme implemented by France – Unlimited State guarantee conferred on the Institut francais du petrole (IFP) by the grant of the status of publicly owned industrial and commercial establishment (EPIC) – Decision declaring that measure as partially not constituting State aid and as partially constituting State aid compatible with the Internal market, subject to certain conditions – Concept of ‘aid scheme’ – Presumption of the existence of an advantage – Burden and standard of proof

Citations:

C-438/16, [2018] EUECJ C-438/16P

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.622611

Yon v Landeshauptstadt Stuttgart: ECJ 7 Aug 2018

EEC – Turkey Association – Right of Residence of Family Members of A Turkish Worker – Judgment – Reference for a preliminary ruling – EEC-Turkey Association – Decision No 2/76 – Article 7 – Standstill clause – Right of residence of family members of a Turkish worker – Visa requirement for admission to the territory of a Member State

Citations:

C-123/17, [2018] EUECJ C-123/17, ECLI:EU:C:2018:632

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 April 2022; Ref: scu.621625

Dyson (Retail of Vacuum Cleaners – Energy Class Label – Judgment): ECJ 25 Jul 2018

Reference for a preliminary ruling – Retail of vacuum cleaners – Energy class label – Directive 2010/30/EU – Delegated Regulation (EU) No 665/2013 – Vacuum cleaners – Display of other symbols – Unfair commercial practices – Consumer protection – Directive 2005/29/EC – Article 7 – Failure to state the conditions under which energy efficiency is measured – Misleading omission

Citations:

C-632/16, [2018] EUECJ C-632/16, ECLI:EU:C:2018:599

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 27 April 2022; Ref: scu.621559

Hitachi Metals v Commission (Competition – European Market for Power Cables – Judgment) : ECFI 12 Jul 2018

Competition – Agreements, decisions and concerted practices – European market for power cables – Decision finding an infringement of Article 101 TFEU – Single and continuous infringement – Proof of the infringement – Duration of participation – Public distancing – Calculation of the fine – Gravity of the infringement – Unlimited jurisdiction

Citations:

T-448/14, [2018] EUECJ T-448/14, ECLI:EU:T:2018:442

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 April 2022; Ref: scu.621571

European Union v Aspla and Armando Alvarez (Appeal – European Union – Obligation To Adjudicate Within A Reasonable Time – Opinion): ECJ 25 Jul 2018

Appeal – Admissibility – Non-contractual liability – Reasonable duration of the proceedings – Court of Justice of the European Union – Obligation to adjudicate within a reasonable time – Material damage – Bank guarantee charges – Interest – Causal link

Citations:

C-174/17, [2018] EUECJ C-174/17P – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 April 2022; Ref: scu.621561

European Union v Gascogne Sack Deutschland and Gascogne (Obligation To Adjudicate Within A Reasonable Time – Opinion): ECJ 25 Jul 2018

Appeal – Non-contractual liability – Reasonable duration of the proceedings – Obligation to adjudicate within a reasonable time – Material damage – Bank guarantee charges – Causal link – Non-material damage

Citations:

C-138/17, [2018] EUECJ C-138/17P – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 April 2022; Ref: scu.621562

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440