Category: European

Barker v London Borough of Bromley: Admn 23 Nov 2001

The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment?
Held: The Directive was to be interpreted so as to give it a wide scope. The reserved matters would affect the appearance of the site. The 1988 Regulations would not require an assessment for approval of reserved matters. Nevertheless the Directive did not require assessments at each stage of a permission. There is no lacuna in the Regulations.

Judges:

Lord Justice Brooke Lord Justice Latham And Mr Justice Burton

Citations:

[2001] EWHC Admin 1038, [2000] Env LR 1

Links:

Bailii

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Directive 85/57/EEC

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North Yorkshire County Council, ex parte Brown and Another HL 12-Feb-1999
When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it . .
Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .

Cited by:

Appeal from – Barker, Regina (on the Application of) v London Borough of Bromley CA 23-Nov-2001
The court considered when time began to run for an application for judicial review where the question arose in the context of an outline planning permission granted subject to the approval of reserved matters.
The claimant challenged proposed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning, European

Updated: 31 October 2022; Ref: scu.169844

Nederlandse Antillen v Council: ECJ 22 Nov 2001

Arrangements for association of overseas countries and territories – Imports of rice originating in the overseas countries and territories – Safeguard measures – Regulation (EC) No 1036/97 – Action for annulment – Inadmissibility

Citations:

C-452/98, [2001] EUECJ C-452/98, [2001] ECR I-8973, ECLI:EU:C:2001:623

Links:

Bailii

Jurisdiction:

European

European

Updated: 31 October 2022; Ref: scu.166904

Oakdale (Richmond) Limited v National Westminster Bank Plc: CA 6 Aug 1996

The plaintiff sought to have the bank’s form of debenture deemed anti-competitive under the treaty and void.
Held: The bank’s security finished when the sums due were repaid. It was not a clog on the equity of redemption. A provision against the freedom to give a second charge was appropriate because the charge was a continuing one securing an overdraft. A second charge would take priority over subsequent advances under the debenture. It was also necessary for the bank to take control of the collection of book debts to avoid that part of the charge being a floating charge. The provisions were reasonable and not anti-competitive. The arguments had no prospect of success and leave to appeal was refused.

Citations:

Times 20-Aug-1996, [1996] EWCA Civ 568

Statutes:

EC Treaty 85 86

Jurisdiction:

England and Wales

Citing:

Cited – Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA ECJ 1994
‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance . .
Lists of cited by and citing cases may be incomplete.

Company, Banking, European

Updated: 31 October 2022; Ref: scu.140435

Mann and Others v Secretary of State for Employment: CA 30 Sep 1996

LMA An Industrial tribunal does not have the jurisdiction to entertain Francovich state liability for damages actions – these must be heard by the ordinary courts.

Citations:

[1997] IRLR 21, [1996] EWCA Civ 617

Jurisdiction:

England and Wales

Cited by:

Appeal from – Mann and others v Secretary of State for Employment HL 8-Jul-1999
When acting effectively as a guarantor of a company’s obligations to its employees upon insolvency in paying unpaid wages, the Secretary of State for Employment was entitled to set off against those payments, payments made by way of compensation by . .
Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 31 October 2022; Ref: scu.140484

Bioplus Life Sciences Private Ltd and Others v The Secretary of State for Health: QBD 21 Feb 2020

Claim for Francovich damages relating to the application of the Medicinal Products Directive 2001/83/EC – threshold question whether the provisions of EU law upon which the claimants rely – Articles 6(1), 76(1) and/or 111(1) of the Directive – entail the grant of rights to individuals so as to provide the necessary foundation for the claim.

Judges:

Eady J DBE

Citations:

[2020] EWHC 329 (QB), [2020] WLR(D) 109

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

European, Licensing

Updated: 31 October 2022; Ref: scu.648898

Samsung Electronics (UK) Ltd v Apple Inc: CA 30 May 2012

Samsung sought a declaration that it’s Galaxy tablet did not infringe Apple’s registered Community Design right. Apple now appealed against a refusal of a stay of the action. The court considered the possible jurisdictions to hear applications for declarations of non-infringement.
Held: ‘on our reading of article 91(1) it does not require that Samsung’s claim should be stayed, despite Apple’s counterclaim, but it does require Apple’s counterclaim to be stayed, unless there are special grounds for ‘continuing the hearing’, that is to say for allowing it to proceed without imposing a stay. ‘

Judges:

Lord Neuberger MR, Lloyd, Moore-Bick LJJ

Citations:

[2012] WLR(D) 166, [2012] EWCA Civ 729

Links:

Bailii

Statutes:

Council Regulation (EC) No 6/2002 on Community designs 91(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Samsung Electronics (UK) Ltd and Another v Apple Inc ChD 4-Apr-2012
The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 31 October 2022; Ref: scu.459843

Internationaler Hilfsfonds v Commission: ECFI 22 May 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to contract LIEN 97-2011 – Partial refusal of access – Determination of the subject-matter of the initial application – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to protection of the decision-making process – Principle of sound administration – Concrete and individual examination – Duty to state reasons

Citations:

T-300/10, [2012] EUECJ T-300/10

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

European

Updated: 31 October 2022; Ref: scu.459667

Sport Eybl and Sports Experts v OHMI – Seven (Seven Summits): ECFI 22 May 2012

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

Citations:

T-179/11, [2012] EUECJ T-179/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009)

European, Intellectual Property

Updated: 31 October 2022; Ref: scu.459673

Retractable Technologies v OHMI – Abbott Laboratories (Rt): ECFI 22 May 2012

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

Judges:

Czucz P

Citations:

T-371/09, [2012] EUECJ T-371/09

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 31 October 2022; Ref: scu.459672

Sviluppo Globale v Commission: ECFI 22 May 2012

ECFI Public service contracts – Tendering procedure – Support customs and tax administrations in Kosovo – Rejection of a tender – Act no appeal – Confirmatory act – Inadmissibility – Access to documents – Regulation ( EC) No 1049/2001 – Documents relating to the tendering procedure – Partial refusal of access – Exception relating to the protection of commercial interests of third – Inadequate reasons

Citations:

T-6/10, [2012] EUECJ T-6/10

Links:

Bailii

Statutes:

Regulation ( EC) No 1049/2001

European, Information

Updated: 31 October 2022; Ref: scu.459674

Vakalis v Commission: ECFI 22 May 2012

ECFI Appeal – Staff case – Officials – Pensions – Transfer of national pension rights – Calculation of pension annuities – General implementing provisions – Obligation to state reasons – Right to be – Equal treatment

Citations:

T-317/11, [2012] EUECJ T-317/11 – P

Links:

Bailii

European

Updated: 31 October 2022; Ref: scu.459675

Kraft Foods Global Brands v OHMI – Fenaco (Suisse Premium): ECFI 22 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark PREMIUM SWITZERLAND – Earlier Community figurative mark Premium – Relative ground for refusal – No likelihood of confusion – Opposition rejected – Article 8, paragraph 1, sub b), Regulation (EC) No 207/2009

Citations:

T-60/11, [2012] EUECJ T-60/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 31 October 2022; Ref: scu.459668

Olive Line International v OHMI – Umbria Olii International (O Live): ECFI 22 May 2012

ECFI Community trade mark – Opposition proceedings – Application for figurative Community trade mark O-LIVE – Earlier Community and Spanish figurative and word marks Olive line – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Citations:

T-273/10, [2012] EUECJ T-273/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 31 October 2022; Ref: scu.459670

PI v Oberburgermeisterin Der Stadt Remscheid: ECJ 6 Mar 2012

ECJ (Opinion) Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Protection against expulsion – Concepts of ‘public policy’ and ‘public security’ – Concept of ‘imperative grounds of public security’ – Criminal conviction for sexual abuse of a 14 year old minor, sexual coercion and rape

Citations:

C-348/09, [2012] EUECJ C-348/09

Links:

Bailii

Statutes:

Directive 2004/38/EC

Cited by:

Opinion – PI v Oberburgermeisterin Der Stadt Remscheid ECJ 22-May-2012
pi_remscheidECJ2012
ECJ Freedom of movement for persons – Directive 2004/38/EC – Article 28(3)(a) – Expulsion decision – Criminal conviction – Imperative grounds of public security . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 31 October 2022; Ref: scu.459660

Environmental Manufacturing v OHMI – Wolf (Representation D’Une Tete De Loup): ECFI 22 May 2012

ECFI Community trade mark – Opposition proceedings – Application for a Community figurative mark representing a wolf’s head – Earlier national and international figurative marks WOLF Jardin and Outils WOLF – Relative grounds for refusal – Detriment to the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EC) No 207/2009

Citations:

T-570/10, [2012] EUECJ T-570/10, [2015] EUECJ T-570/10

Links:

Bailii, Bailii

European, Intellectual Property

Updated: 31 October 2022; Ref: scu.459665

Evropaiki Dynamiki v Commission: ECFI 22 May 2012

ECFI Public services contracts – Tender procedure – Provision of informatics services for an electronic exchange of social security information project (EESSI project) in the field of the coordination of social security for persons mobile in Europe – Rejection of bid submitted by a tenderer – Award of the contract – Obligation to state the reasons on which the decision is based – Transparency – Equal treatment – Manifest error of assessment – No interest in bringing proceedings – Non-contractual liability

Judges:

Czucz P

Citations:

T-17/09, [2012] EUECJ T-17/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 31 October 2022; Ref: scu.459666

O2 Holdings Ltd and Another v Hutchison 3G Ltd: CA 5 Dec 2006

The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor for the purpose of comparing the characteristics (and in particular the price) of goods or services marketed by him with the characteristics (and in particular the price) of the goods or services marketed by the competitor under that mark in such a way that it does not cause confusion or otherwise jeopardise the essential function of the trade mark as an indication of origin, does his use fall within either (a) or (b) of Art 5 of Directive 89/104?’

Citations:

[2006] EWCA Civ 1656, [2007] ETMR 19

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – O2 Holdings Ltd. and Another v Hutchison 3G Ltd (No 2) ChD 23-Mar-2006
. .

Cited by:

Cited – Boehringer Ingelheim Ltd and others v Vetplus Ltd CA 20-Jun-2007
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings . .
At Court of Appeal – O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited ECJ 31-Jan-2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability . .
Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Lists of cited by and citing cases may be incomplete.

Media, European, Intellectual Property

Updated: 31 October 2022; Ref: scu.246765

Bezirkshauptmannschaft Tulln (Attestation De Jours Sans Conduite): ECJ 7 May 2020

(Judgment) Reference for a preliminary ruling – Road transport – Working days and days off – Digital tachographs – Regulation (EU) No 165/2014 – Failure to record working days on the driver card and lack of record sheets – Regulations national law providing in these circumstances for the obligation for the driver to present a certificate from his employer – Validity of the form in the annex to Decision 2009/959 / EU

Citations:

C-96/19, [2020] EUECJ C-96/19, ECLI:EU:C:2020:353

Links:

Bailii

Jurisdiction:

European

European

Updated: 31 October 2022; Ref: scu.660173

Skareby v Commission (Civil Service): ECJ 6 Apr 2011

ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure

Citations:

F-42/10, [2011] EUECJ F-42/10

Links:

Bailii

Cited by:

Order – Skareby v Commission (Civil Service) ECJ 16-May-2012
ECJ Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 October 2022; Ref: scu.459582

Wohlfahrt v OHMI – Ferrero (Kindertraum): ECFI 16 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark Kindertraum – Earlier national word mark Kinder – Relative ground for refusal – Proof of use of the earlier mark – Article 42, paragraph 2 of Regulation (EC) No 207/2009 – Risk of confusion – Article 8, paragraph 1, sub b) of Regulation No 207/2009

Judges:

Papasavvas P

Citations:

T-580/10, [2012] EUECJ T-580/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 2

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459588

Tsakiris-Mallas v OHMI – Seven (7 Seven Fashion Shoes): ECFI 8 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark 7 Seven Fashion Shoes – Earlier national figurative marks Seven and 7seven – Partial refusal to register – Relative grounds for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

Forwood P

Citations:

T-244/10, [2012] EUECJ T-244/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459586

Yoshida Metal Industry v OHMI – Pi-Design (Representation D’Une Surface Triangulaire Avec Des Pois Noirs): ECFI 8 May 2012

ECFI Community trade mark – Invalidity proceedings – Figurative Community trade mark representing a surface with black dots – Shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009

Judges:

Pelikanova P

Citations:

T-331/10, [2012] EUECJ T-331/10, [2015] EUECJ T-331/10

Links:

Bailii, Bailii

Statutes:

Regulation (EC) No 207/2009 7(1)(e)(ii)

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459590

Yoshida Metal Industry v OHMI – Pi-Design (Representation D’Une Surface Avec Des Pois Noirs): ECFI 8 May 2012

ECFI Community trade mark – Invalidity proceedings – Figurative Community trade mark representing a surface with black dots – Shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009

Citations:

T-416/10, [2012] EUECJ T-416/10

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009 7(1)(e)(ii)

European

Updated: 28 October 2022; Ref: scu.459589

Sophie In ‘T Veld v Council (Access To Documents): ECFI 4 May 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement – Partial refusal to grant access – Exception relating to the protection of the public interest in the field of international relations – Exception relating to the protection of legal advice – Specific and foreseeable threat to the interest in question – Overriding public interest

Judges:

S. Papasavvas, P

Citations:

T-529/09, [2012] EUECJ T-529/09

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

European, Information

Updated: 28 October 2022; Ref: scu.459583

Panzeri v OHMI – Royal Trophy (Royal Veste E Premia Lo Sport): ECFI 8 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark Royal Jacket premia e lo Sport – Community and international word marks lo sports jacket – Earlier figurative mark unregistered panzeri lo sports jacket – Relative grounds for refusal – Article 8, paragraph 1 b) and paragraph 4 of Regulation (EC) No 207/2009

Judges:

NJ Forwood, P

Citations:

T-348/10, [2012] EUECJ T-348/10

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459580

Universal Display v OHIM (Universalpholed): ECJ 2 May 2012

ECJ Community trade mark – International registration designating the European Community – Application for Community word mark UniversalPHOLED – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

Judges:

L. Truchot, P

Citations:

T-435/11, [2012] EUECJ T-435/11

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459587

De Nicola v EIB: ECFI 27 Apr 2012

ECJ Appeal – Civil service – Staff of the EIB – Evaluation – Promotion – Assessment and Promotion 2006 – Decision of the Appeals Committee – Span of Control – Health Insurance – Refusal to support medical expenses – Application for compensation

Judges:

M. Jaeger, P

Citations:

T-37/10, [2012] EUECJ T-37/10 – P

Links:

Bailii

European

Updated: 28 October 2022; Ref: scu.459564

Rubinstein And L’Oreal v OHIM: ECJ 16 Feb 2012

ECJ Opinion – Appeal – Community trade mark – Trade mark which has a reputation for the purposes of Article 8(5) of Regulation No 40/94 – Conditions governing protection – Invalidity proceedings – Rule 38 of Regulation No 2868/95 – Obligation to produce, in the language of the proceedings, the documents supporting the application for a declaration of invalidity – Decisions of the Boards of Appeal of OHIM – Review by the Courts (Article 63 of Regulation No 40/94) – Duty to state reasons (Article 73 of Regulation No 40/94)

Judges:

Mengozzi AG

Citations:

C-100/11, [2012] EUECJ C-100/11 – P

Links:

Bailii

Statutes:

Regulation No 40/94 8(5)

Cited by:

Opinion – Rubinstein And L’Oreal v OHIM ECJ 10-May-2012
ECJ Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(5) – Community word marks BOTOLIST and BOTOCYL – Community and national figurative and word marks BOTOX – Declaration of invalidity – . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459563

Conceria Kara v OHMI – Dima (Karra): ECFI 3 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark KARRA – national and Community figurative previous Kara – Name Conceria Kara Srl and trade name Kara – Relative grounds for refusal – Article 75, first sentence, of Regulation (EC) No. 207/2009 – Article 42, paragraphs 2 and 3 of Regulation (EC) No 207/2009 – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Article 8, paragraph 4 of Regulation (EC) No 207/2009 – Article 8 of the Paris Convention – Bad Faith

Citations:

T-270/10, [2012] EUECJ T-270/10

Links:

Bailii

Statutes:

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

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459571

Commission v Netherlands: ECJ 10 May 2012

ECJ Order – Failure of A Member State To Fulfil Obligations – allowing intervention by state of Denmark

Judges:

J Kokott AG

Citations:

C-368/10, [2011] EUECJ C-368/10

Links:

Bailii

Cited by:

Order – Commission v Netherlands ECJ 15-Dec-2011
ECJ Opinion – Failure Of A Member State To Fulfil Obligations – Procurement – Organic Products – Fair Trade – friendly products environmentally and socially responsible – Sustainable Economics – Labels ‘Max . .
Order – Commission v Netherlands ECJ 10-May-2012
ECJ Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Contract for the supply, . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 October 2022; Ref: scu.459570

Ewald v Ohmi – Kin Cosmetics (Keen): ECFI 15 May 2012

ECFI Community trade mark – Opposition proceedings – Application for Community word mark Keen – Community figurative mark KIN – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8, paragraph 1, sub b) of Regulation (EC) No 207/2009

Citations:

T-280/11, [2012] EUECJ T-280/11

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

European

Updated: 28 October 2022; Ref: scu.459573

Mizuno v OHMI – Golfino (G): ECFI 8 May 2012

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

Judges:

Pelikanova P

Citations:

T-101/11, [2012] EUECJ T-101/11

Links:

Bailii

European, Intellectual Property

Updated: 28 October 2022; Ref: scu.459577

Dow Chemical v Council: ECFI 8 May 2012

ECFI Dumping – Imports of ethanolamines originating in the United States – Definitive anti-dumping duty – Expiry of anti-dumping measures – Review – Likelihood of a continuation or recurrence of dumping – Article 11(2) of Regulation (EC) No 1225/2009

Citations:

T-158/10, [2012] EUECJ T-158/10

Links:

Bailii

Statutes:

Regulation (EC) No 1225/2009 1192)

European

Updated: 28 October 2022; Ref: scu.459572

Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets: CA 30 Jan 2003

The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith.
Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.

Judges:

Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge

Citations:

[2003] EWCA Civ 52

Links:

Bailii

Statutes:

Public Services Contracts Regulations 1993 (SI 1993 no 3328), Council Directive 92/50/EEC

Jurisdiction:

England and Wales

Local Government, European, Torts – Other

Updated: 27 October 2022; Ref: scu.178787

Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996

A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying.

Citations:

Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 HLR 616

Statutes:

Housing Act 1985 63 65

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia QBD 11-Oct-1995
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. . .

Cited by:

Appealed to – Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan-Garcia QBD 11-Oct-1995
An applicant’s immigration status was proper factor in assessing housing need. A Local Authority may look to whether an EC national has right of residence before assessing its own duty to house the applicant. . .
Cited – London Borough of Barnet v Ismail and Another CA 6-Apr-2006
The court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control.
Held: Such EEA nationals were eligible for housing benefit. The . .
Lists of cited by and citing cases may be incomplete.

Housing, Immigration, European

Updated: 27 October 2022; Ref: scu.88300

Regina v Secretary of State for the Home Department Ex Parte Vitale: CA 26 Jan 1996

The appellant, who was an Italian citizen, claimed that Article 8(a) conferred an unlimited right to reside in the United Kingdom.
Held: The court rejected that argument. Staughton LJ said that it was clear that Article 8(a) could not be taken to have replaced Directives 90/364, 90/365 and 90/366: ‘Each of these directives was a measure adopted to give effect to the Treaty, and each of them contained the limitation on the right of residence that the visiting national should not become a burden on the social assistance system of the host member state. The right of residence conferred by art 8a is, therefore, in our view, still subject to that limitation. As for the submission that all nationals now have a general right of residence by virtue of art 8a, this seems to us to ignore the plain words that the art 8a right of residence is made subject to the limitations and conditions contained in measures such as these directives. In our judgment, there is at the moment no unqualified right of residence of the kind claimed by the appellant.’ Freedom of movement for workers in EU depended on intention to work- economic.

Judges:

Staughton LJ

Citations:

Times 26-Jan-1996, [1996] All ER (EC) 461

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Home Department Ex Parte Vitale; Regina v Same Ex Parte Do Amaral QBD 18-Apr-1995
A European Union citizen’s right to stay in UK is not unqualified, he must expect to have to seek or find work. The decision of the Home Secretary could be judicially reviewed and ‘in the course of his appeal before the Social Security Appeal . .

Cited by:

Cited – Ali v Secretary of State for the Home Department CA 3-May-2006
The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 27 October 2022; Ref: scu.87918

Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996

‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty.

Citations:

Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63

Jurisdiction:

England and Wales

Citing:

Appeal from – Marchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .

Cited by:

Appealed to – Marchant and Eliot Underwriting Ltd v Dr Higgins ComC 24-Oct-1995
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard . .
Lists of cited by and citing cases may be incomplete.

Insurance, European

Updated: 27 October 2022; Ref: scu.83402

Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was stressed

Judges:

Sir Thomas Bingham MR

Citations:

Times 03-Jan-1996, Ind Summary 12-Feb-1996, [1996] 2 WLR 447, [1996] QB 657

Statutes:

EC Treaty Arts 6, 220, Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1972 L299/32)

Jurisdiction:

England and Wales

Citing:

Reconsidered – Porzelack KG v Porzelack (UK) Ltd 1987
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs . .
Reconsidered – De Bry v Fitzgerald CA 1990
A request was made for security for costs in a large sum against a foreign resident party: ‘The more usual course might have been to order security, if security was to be ordered at all, in a relatively small sum in the first place, leaving the . .
Reconsidered – Berkeley Administration Inc v McClelland CA 1990
There is no legally acceptable basis on which the benefit of an undertaking, to which a member of a group of companies is entitled, may be claimed on behalf of the group as a whole. The court discussed who had the benefit of cross undertakings given . .
Applied – Mund and Fester v Hatrex Internationaal Transport ECJ 10-Feb-1994
(Judgment) A presumption against the successful enforcement of a judgment was not valid against an EU member. . .

Cited by:

Cited – Abraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
Cited – Ghafoor and others v Cliff and others ChD 11-Apr-2006
The applicant had obtained revocation of a grant of administration ad colligenda bona in the estate, and having succeeded, now sought costs. The question was whether there had been proper reasons for the application for the grant. The deceased’s . .
Lists of cited by and citing cases may be incomplete.

Costs, European

Updated: 27 October 2022; Ref: scu.80580

Regina v Secretary of State Home Department, ex parte Mehmet Colak: CA 6 Jul 1993

The Home Office was entitled to return refugees to the country in which they had first stopped if it was a Community State.

Citations:

Times 06-Jul-1993

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Secretary of State for the Home Dept Ex Mehmet Colak CA 19-Jan-1994
Return to intermediate country by refugee not challengeable under art 8a. . .

Cited by:

See Also – Regina v Secretary of State for the Home Dept Ex Mehmet Colak CA 19-Jan-1994
Return to intermediate country by refugee not challengeable under art 8a. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration, European

Updated: 26 October 2022; Ref: scu.87989

Regina v Secretary of State for the Home Department ex parte Marchon: CA 23 Feb 1993

It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was not necessary to show that the offence was so notorious as to require special treatment. The offence here was sufficiently serious to justify such an action.

Citations:

Times 23-Feb-1993, [1993] Imm AR 384

Jurisdiction:

England and Wales

Cited by:

Cited – B v Secretary of State for Home Department CA 18-May-2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration, European

Updated: 26 October 2022; Ref: scu.87877

Chiron Corporation and Others v Murex Diagnostics Ltd: CA 14 Oct 1994

ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. The decision of the House as to leave was a judicial one and not merely administrative.

Citations:

Ind Summary 24-Oct-1994, Times 14-Oct-1994

Jurisdiction:

England and Wales

Citing:

See Also – Chiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
See Also – Chiron Corporation v Organon Teknika (No 2) CA 1993
Section 44 could be used in a patent contract dispute even though the patent at issue was governed by the law of a foreign state which would not itself have applied that section. . .

Cited by:

See Also – Chiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 26 October 2022; Ref: scu.79095

Troszczynski v Parliament (Appeal – Privileges and Immunities – Publication On The Members Twitter Account – Opinion): ECJ 2 Apr 2020

Appeal – Law governing the institutions – Member of the European Parliament – Privileges and immunities – Protocol on privileges and immunities – Articles 8 and 9 – Decision waiving parliamentary immunity – Activity not connected to parliamentary duties – Publication on the Member’s Twitter account

Citations:

C-12/19, [2020] EUECJ C-12/19P_O, ECLI:EU:C:2020:258, [2020] EUECJ C-12/19P

Links:

Bailii, Bailii

Jurisdiction:

European

European, Media

Updated: 26 October 2022; Ref: scu.660158

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 to trade within Europe.
Held: The rules were potentially a breach of the claimants rights to trade, and an interim injunction was granted to prevent their imposition: ‘Articles 81 and 82 contain competition rules of the European Community. They are of direct effect and impose on all undertakings to which they apply external constraints as to what they may do. If it is alleged that the ITF is in breach of either Article then it is the duty of the court to scrutinise its activities of which complaint is made and, if the case is made out, to give judgment against it. The principles applicable to decisions of domestic regulatory sporting bodies who are not in breach of either Article are not in point. But even if the latter principles did apply the discriminatory enforcement of sporting rules based on a fundamental misunderstanding of what the rule required, which Adidas submits is the case here, would entitle the court to interfere. ‘

Judges:

The Chancellor of the High Court

Citations:

[2006] EWHC 1318 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Intel Corporation v Via Technologies Inc, Elitegroup Computer Systems (UK) Ltd Via Technologies Inc , Via Technologies (Europe) Ltd, Realtime Distribution Ltd CA 20-Dec-2002
Infringement of patents.
Held: With regard in particular to competition law claims (or defences), where the area of law is in the course of development the court should be cautious ‘to assume that it is beyond argument with real prospect of . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – 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 . .
Cited – B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo ECJ 12-Dec-1974
ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in . .
Cited – Ferlini v Centre hospitalier de Luxembourg ECJ 3-Oct-2000
ECJ A national of one Member State working in another Member State does not lose his status of worker within the meaning of Article 48(1) of the Treaty (now, after amendment, Article 39(1) EC) through occupying a . .
Cited – Aeroports de Paris v Commission ECFI 12-Dec-2000
ECJ Competition – Air transport – Airport management – Applicable regulation – Regulation No 17 and Regulation (EEC) No 3975/87 – Abuse of dominant position – Discriminatory fees.
The burden on Aeroports de . .
Cited – Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie ECJ 21-Sep-1999
ECJ Compulsory affiliation to a sectoral pension scheme – Compatibility with competition rules – Classification of a sectoral pension fund as an undertaking. . .
Cited – Piau v Commission ECFI 26-Jan-2005
Europa Reglement de la Federation internationale de football association (FIFA) gouvernant l’activite des agents de joueurs – Decision d’une association d’entreprises – Articles 49 CE, 81 CE et 82 CE – Plainte – . .
Cited – Hydrotherm Geratebau gmbh v Compact del Dott Ing Mario andreoli and c Sas ECJ 12-Jul-1984
Europa In competition law, the term ‘ undertaking ‘ must be understood as designating an economic unit for the purposes of the subject-matter of the agreement in question even if in law that economic unit . .
Cited – Gaetano Dona v Mario Mantero ECJ 14-Jul-1976
Europa Discrimination based upon nationality – prohibition – matches between professional sportsmen – exclusion – infringement of articles 48 to 51 or 59 to 66 of the EEC treaty – restrictions in the case of . .
Cited – Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others ECJ 11-Apr-2000
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a . .
Cited – Jyri Lehtonen and Castors Canada Dry Namur-Braine ASBL v Federation royale belge des societes de basket-ball ASBL (FRBSB) ECJ 13-Apr-2000
Europa The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is . .
Cited – Meca-Medina and Majcen v Commission ECFI 30-Sep-2004
ECJ Competition – Freedom to provide services – Anti-doping legislation adopted by the International Olympic Committee (IOC) – Purely sporting legislation
The claimants were athletes who complained that . .
Cited – A Ahlstrom Osakeyhtio And Others v Commission Of The European Communities ECJ 27-Sep-1988
The court considered the territorial scope of Articles 81 and 82. in the context of producers outside the Community selling to purchasers established in the Community. The external producers had engaged in price fixing and therefore restricted . .
Cited – Gencor Ltd v Commission ECFI 25-Mar-1999
ECFI Council Regulation 4064/89, Article 2(3) provided that there should be declared to be incompatible with the common market: ‘A concentration which creates or strengthens a dominant position as a result of . .
Cited – Compagnie Maritime Belge Transports and others v Commission ECJ 16-Mar-2000
ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to . .
Cited – NWL Ltd v Woods HL 1979
The phrase ‘trade dispute’ was defined by reference to (i) the parties to it and (ii) the subject matter. Lord Scarman referred to the legislative history of attempts to regulate strike actions by trades unions: ‘It is wrong to attempt to construe . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Cayne and Another v Global Natural Resources Plc ChD 12-Aug-1982
The court gave this example of the legitimate use of the directors’ powers to defeat a take-over: ‘If Company A and Company B are in business competition, and Company A acquires a large holding of shares in Company B with the object of running . .
Cited – Garden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 25 October 2022; Ref: scu.242355

Commission v France: ECJ 21 Jun 2001

Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of the Council of 16 February 1998, amending Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1998 L 101, p. 1) or, at all events, by failing to communicate the same to the Commission, the French Republic has failed to comply with its obligations under that directive.

2 Under Article 2(1) of Directive 98/4 Member States were to bring into force the laws, regulations and administrative measures necessary to comply with the directive by 16 February 1999 and to inform the Commission thereof forthwith.

3 Taking the view that Directive 98/4 had not been transposed into French law within the prescribed period, the Commission started the procedure in respect of failure to fulfil Treaty obligations. Having given the French Republic formal notice to submit its observations, the Commission, on 18 February 2000, sent a reasoned opinion to the French Republic requesting it to adopt the measures necessary to comply with it within two months from the date of notification of the opinion. Since it received no information as to whether the transposition of the directive had been completed, the Commission brought the present action.

4 Pointing out the obligations of the Member States under the third paragraph of Article 249 EC, the Commission submits that the French Republic was required to take the measures necessary to comply with Directive 98/4 within the prescribed period.

5 The French Republic, which does not deny the failure, states that Directive 98/4 is in the course of transposition.

6 Since the directive has thus not been transposed within the prescribed period, the Commission’s action must be regarded as well founded.

7 It must therefore be held that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative measures necessary to comply with Directive 98/4, the French Republic has failed to fulfil its obligations under that directive.

Citations:

[2001] EUECJ C-439/00, C-439/00

Links:

Bailii

Jurisdiction:

European

European

Updated: 25 October 2022; Ref: scu.162805

Commissioners of Customs and Excise v First National Bank of Chicago: ECJ 14 Jul 1998

The Bank dealt in foreign exchange, not charging a commission, but relying on the profit it made over a period between the prices at which respectively it bought and sold the currency. The Bank contended that the foreign exchange transactions were subject to VAT as supplies effected for a consideration and that the value of the consideration was the full value of the currency received in exchange for that provided by the Bank. The European Court held that the supply of foreign currency being legal tender was not the supply of tangible property, but of a service. The supply of foreign currencies in the way described was the provision of a service for consideration being the difference between what it paid and what it received for the currency. The currencies received by the Bank were not the remuneration it received. That consisted in what the Bank could keep for itself, calculated as the net result of all transactions over a given period of time. Trading in foreign currencies where no charge was made, but the company relied upon the spread did constitute provision of taxable supplies. Amount of consideration was the total spread of transactions over a period of time
Europa Foreign exchange transactions, performed even without commission or direct fees, are supplies of services provided in return for consideration, that is to say supplies of services effected for consideration within the meaning of Article 2(1) of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes. More particularly, transactions between parties for the purchase by one party of an agreed amount in one currency against the sale by it to the other party of an agreed amount in another currency, both such amounts being deliverable on the same value date, and in respect of which transactions the parties have agreed (whether orally, electronically or in writing) the currencies involved, the amounts of such currencies to be purchased and sold, which party will purchase which currency and the value date, constitute supplies of services effected for consideration within the meaning of Article 2(1) of the Sixth Directive.
2 Article 11A(1)(a) of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes must be construed as meaning that, in foreign exchange transactions in which no fees or commission are calculated with regard to certain specific transactions, the taxable amount is the overall result of the transactions of the supplier of the services over a given period of time. Article 11A(1)(a) of the Sixth Directive provides that the taxable amount is, in respect of supplies of services, that which constitutes the consideration which has been or is to be obtained by the supplier from the purchaser for such supplies. Determining the consideration comes down to determining what the bank in question receives for foreign exchange transactions, that is to say the remuneration on foreign exchange transactions which it can actually take for itself.

Citations:

Times 20-Jul-1998, C-172/96, [1998] EUECJ C-172/96

Links:

Bailii

Statutes:

Sixth Council Directive 77/388/EEC May 1977

Jurisdiction:

European

Cited by:

Cited – Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise HL 15-Dec-1998
Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them.
Held: The contract providing cleaning and other services, by a . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 25 October 2022; Ref: scu.161869

Izba Gospodarcza Producentow I Operatorow Urza Dzen Rozrywkowych v Commission: ECJ 30 Apr 2020

Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Exceptions to the right of access – Exception relating to protection of the purpose of investigations – Documents concerning pending infringement proceedings – Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC – Request for access – Refusal – Disclosure of documents requested in the course of the proceedings before the General Court of the European Union – Disclosure – Inadmissibility – Interest in bringing proceedings – Continuation

Citations:

C-560/18, [2020] EUECJ C-560/18P, ECLI:EU:C:2020:330, [2019] EUECJ C-560/18P_O

Links:

Bailii, Bailii

Jurisdiction:

European

European, Litigation Practice

Updated: 25 October 2022; Ref: scu.660132

Onofrei (Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Free movement of persons – Freedom of establishment – Access to the profession of lawyer – Exemption from training and diploma – Grant of exemption – Conditions – National regulations providing for exemption in favor of civil servants and former category civil servants A or assimilated having a professional practice of national law, on the national territory, in the national civil service of the Member State concerned or in an international organization

Citations:

ECLI:EU:C:2020:1034, C-218/19, [2020] EUECJ C-218/19

Links:

Bailii

Jurisdiction:

European

European, Legal Professions

Updated: 25 October 2022; Ref: scu.660741

BMC v Clean Sky 2 Joint Undertaking (Judgment): ECFI 25 Nov 2020

Research, technological development and space – Framework program for research and innovation’ Horizon 2020 ‘(2014-2020) – Call for proposals procedure H2020-CS 2-CFP08-FRC – 2018-01 – Rejection of the proposal submitted by the applicant – Award of marks not corresponding to a whole number – Article 15 (4) of Regulation (EU) No 1290/2013 – Obligation to state reasons – Manifest error of assessment – Misuse of powers – Lack of sufficient examination of the proposal – Misrepresentation of the facts

Citations:

T-71/19, [2020] EUECJ T-71/19, ECLI:EU:T:2020:567, [2019] EUECJ T-71/19_CO

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 25 October 2022; Ref: scu.660645

JCM Europe (UK) Ltd v Revenue and Customs (Customs Duty – Tariff Classification of Bank Note Validator): FTTTx 27 Aug 2019

CUSTOMS DUTY – tariff classification of bank note validator PRO-RC – whether Commission Implementing Regulation EU 2016/1750 arguably gives incorrect classification – whether referral to the CJEU should be made to determine the validity of the Regulation – yes – referral to be made

Citations:

[2019] UKFTT 547 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Customs and Excise, European

Updated: 25 October 2022; Ref: scu.641329

Octapharma France Sas v Agence Nationale De Securite Du Medicament Et Des Produits De Sante and Ministere Des Affaires Sociales et De La Sante: ECJ 7 Nov 2013

ECJ Opinion – Approximation of legislation – Directive 2001/83/EC – Directive 2004/27/EC – Directive 2002/98/EC – Scope of application – Labile blood products – Plasma prepared by a method involving an industrial process – Simultaneous or exclusive application of Directive 2001/83 (as amended by Directive 2004/27) and Directive 2002/98 – Article 168(4) TFEU and Member State discretion to maintain more stringent protective measures for blood and blood derivatives

Judges:

Jaaskine AG

Citations:

C-512/12, [2013] EUECJ C-512/12, [2014] EUECJ C-512/12

Links:

Bailii, Bailii

Statutes:

Directive 2001/83/EC, Directive 2002/98/EC, Directive 2004/27/EC

Jurisdiction:

European

European

Updated: 25 October 2022; Ref: scu.517563

P v Q: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 23(a) – Grounds of non-recognition of judgments in matters of parental responsibility – Public policy

Judges:

Wathelet AG

Citations:

C-455/15, [2015] EUECJ C-455/15, [2015] EUECJ C-455/15 – V

Links:

Bailii, Bailii OP Wathelet

Statutes:

Regulation (EC) No 2201/2003 23(a)

Jurisdiction:

European

European

Updated: 25 October 2022; Ref: scu.554868

K v Finland: ECJ 7 Nov 2013

ECJ Reference for a preliminary ruling – Articles 63 TFEU and 65 TFEU – Free movement of capital – Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation

Judges:

A. Tizzano, P

Citations:

C-322/11, [2013] EUECJ C-322/11

Links:

Bailii

Jurisdiction:

European

Taxes – Other

Updated: 25 October 2022; Ref: scu.517562

Tevfik Isbir v DB Services Gmbh: ECJ 7 Nov 2013

ECJ Reference for a preliminary ruling – Freedom to provide services – Posting of workers – Directive 96/71/CE – Minimum rates of pay – Lump sums and employer contribution to a multiannual savings plan for the benefit of its employees)

Judges:

JL da Cruz Vilaca P

Citations:

C-522/12, [2013] EUECJ C-522/12

Links:

Bailii

Statutes:

Directive 96/71/CE

Jurisdiction:

European

Employment

Updated: 25 October 2022; Ref: scu.517565

Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

ECJ Processing of personal data – Directive 95/46/EC – Articles 10 and 11 – Obligation to inform – Article 13(1)(d) and (g) – Exceptions – Scope of exceptions – Private detectives acting for the supervisory body of a regulated profession – Directive 2002/58/EC – Article 15(1)

Judges:

M. Ilesic, P

Citations:

C-473/12, [2013] EUECJ C-473/12

Links:

Bailii

Statutes:

Directive 95/46/EC 10 11, Directive 2002/58/EC 15(1)

Jurisdiction:

European

Cited by:

Cited – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
Lists of cited by and citing cases may be incomplete.

Information

Updated: 25 October 2022; Ref: scu.517560

UPC Nederland Bv v Gemeente Hilversum: ECJ 7 Nov 2013

ECJ Electronic communications networks and services – Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC – Scope ratione materiae – Provision of a basic package of radio and television programmes via cable – Sale by a municipality of its cable network to a private undertaking – Contractual clause concerning the tariff – Powers of the national regulatory authorities – Principle of sincere cooperation

Judges:

M Ilesic P

Citations:

C-518/11, [2013] EUECJ C-518/11

Links:

Bailii

Statutes:

Directive 97/66/EC, Directive 2002/19/EC, Directive 2002/20/EC, Directive 2002/21/EC and 2002/22/EC, Directive 2002/22/EC

Jurisdiction:

European

Media

Updated: 25 October 2022; Ref: scu.517566

HN v Minister For Justice, Equality And Law Reform: ECJ 7 Nov 2013

EcJ Opinion – Common European asylum system – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – National procedural rule making the consideration of an application for subsidiary protection subject to the prior refusal of an application for refugee status – Whether permissible – Respect for the right to good administration – Expedition and impartiality of the examination procedure

Judges:

Bot AG

Citations:

C-604/12, [2013] EUECJ C-604/12, [2014] EUECJ C-604/12

Links:

Bailii, Bailii

Statutes:

Directive 2004/83/EC, Directive 2005/85/EC

Jurisdiction:

European

Immigration

Updated: 25 October 2022; Ref: scu.517559

Corina-Hrisi Tulica v Agentia Nationala De Administrare Fiscala: ECJ 7 Nov 2013

ECJ Taxation – VAT – Directive 2006/112/EC – Articles 73 and 78 – Immovable property transactions carried out by natural persons – Classification of those transactions as taxable – Determination of the VAT owing when the parties have made no provision for it at the time of conclusion of the contract – Question as to whether or not the vendor may recover the VAT from the purchaser – Consequences

Citations:

C-249/12, [2013] EUECJ C-249/12

Links:

Bailii

Jurisdiction:

European

VAT

Updated: 25 October 2022; Ref: scu.517556

Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013

ECJ National administrative procedure – Purely internal situation – Administrative acts – Obligation to state reasons – Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act – Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Court

Judges:

T von Danwitz P

Citations:

C-313/12, [2013] EUECJ C-313/12

Links:

Bailii

Jurisdiction:

European

Human Rights

Updated: 25 October 2022; Ref: scu.517558

Polo/Lauren v OHMI – FreshSide (Repreentation D’Un Garcon Sur Un Velo Tenant Un Maillet): ECFI 18 Sep 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark representing a boy on a bicycle holding a mallet – Earlier Community and national figurative marks representing a polo player – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – Article 8(5) of Regulation No 207/2009

Judges:

S Frimodt Nielsen, P

Citations:

T-265/13, [2014] EUECJ T-265/13, ECLI:EU:T:2014:779

Links:

Bailii

Statutes:

Regulation No 207/2009 8(1)(b) 8(5)

Jurisdiction:

European

Intellectual Property

Updated: 24 October 2022; Ref: scu.537071

AES-3C Maritza East 1 Eood v Direktor Na Direktsia: ECJ 18 Jul 2013

ECJ Value added tax – Directive 2006/112/EC – Articles 168(a) and 176 – Right to deduction – Expenditure related to the purchase of goods and the supply of services for staff – Staff supplied to the taxable persons claiming the right to deduction but employed by another taxable person

Judges:

M. Berger, P

Citations:

C-124/12, [2013] EUECJ C-124/12

Links:

Bailii

Statutes:

Directive 2006/112/EC 168(a) 176

Jurisdiction:

European

VAT

Updated: 24 October 2022; Ref: scu.513401

Italy v Commission: ECJ 22 Nov 2001

EAGGF – Clearance of accounts – Ineligible durum wheat – Quantities missing from the stockpile – Withdrawal of approval of undertakings packaging olive oil – Inadequate management and checks of premiums for sheep and goats

Citations:

C-147/99, [2001] EUECJ C-147/99, [2001] ECR I-8999, ECLI:EU:C:2001:624

Links:

Bailii

Jurisdiction:

European

European, Agriculture

Updated: 24 October 2022; Ref: scu.166906

Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1589): CA 31 Oct 2002

Citations:

[2002] EWCA Civ 1589

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501) CA 31-Oct-2002
The respondent sought to appeal. The claimant requested the court to order that as a pre-condition of being allowed to appeal, the respondent should pay into court, or give adequate security for, the costs awarded at first instance, even though . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 23 October 2022; Ref: scu.217640

Bourgaux v Common Assembly: ECJ 17 Dec 1956

ECJ 1. The general wording of article 42 of the treaty makes it impossible to conclude that an arbitration clause can be subject to a binding legal limitation which in this case would rule out the remedy of an application for annulment.
The remedies available in administrative matter to the staff of all four institutions are organically distinct from the restricted nature of the review by the court which, under article 38 of the treaty, applies to the activities of the assembly as an institution.
Since the aim of these remedies is to restore contractual rights or rights under the staff regulations which have been interfered with it involves the right to apply for the annulment of any measure infringing them.
2. By limiting the duration of contracts of employment the parties did not intend that they should come to an end by the mere efflux of the term fixed; but to provide for a transitional situation made necessary in view of the time required to draft staff regulations.
3. If departments are reorganized and staff is reduced the allocation of posts among former holders is within the discretion of the administration, but it is for the court to consider whether this discretion has been lawfully exercised or whether the relevant decision amounts to a misuse of powers either because a right vested in the servant concerned by virtue of his grade and seniority was wilfully disregarded or because it was a concealed disciplinary measure.
If departments are reorganized the decision to assign a servant to a new post must be based on personal qualifications having regard to the abilities required for each new post together with experience in the relevant field.
If assignment to another post having the same grade is impossible, the administration, in the absence of a provision under the contract or the staff regulations, is not under a duty to offer the servant a position subordinate to the one which has been abolished.
4. When the committee of presidents used the expression ‘ final adoption ‘ in relation to the wording of a draft of the staff regulations it was not prejudging the date of the entry into force of the staff regulations, since that was dependent on steps to be taken by each of the four institutions.
5. The fact that a servant’s contract of employment was concluded before the entry into force of the staff regulations does not imply that the provisions of a draft of the staff regulations which have not yet entered into force, especially those providing for and regulating the assignment of non-active status, are to be applied in their entirety in advance.
Nevertheless, if an employee’s post is abolished and he cannot be assigned to another post the administration must be guided by the draft of the staff regulations as far as the payment of fair compensation for the damage suffered is concerned.
6. The question whether an action is unreasonable and vexatious and for this reason justifies an order that the applicant must pay the costs must be determined subjectively from the point of view of the applicant.

Citations:

C-1/56, [1956] EUECJ C-1/56

Links:

Bailii

Jurisdiction:

European

European

Updated: 23 October 2022; Ref: scu.131557

Ka Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Rome Convention – Applicable law – Cross-border merger – Directive 78/855/EEC – Directive 2005/56/EC – Merger by acquisition – Protection of creditors – Transfer of all the assets and liabilities of the company being acquired to the acquiring company

Citations:

C-483/14, [2016] EUECJ C-483/14, ECLI:EU:C:2016:205, [2016] WLR(D) 176, [2016] 3 WLR 691,[2016] 3 WLR 691, [2016] ILPr 24, [2016] QB 896, ECLI:EU:C:2016:205

Links:

Bailii, WLRD

Statutes:

Directive 78/855/EEC, Directive 2005/56/EC

Jurisdiction:

European

Company

Updated: 23 October 2022; Ref: scu.561985

Roche Products Ltd and Another v Kent Pharmaceuticals Ltd: CA 20 Dec 2006

The defendant appealed summary judgment in a trade mark infringement case based on parallel imports of ACCU-CHEK blood testing strips for diabetics. The defendant said that the products were ‘CE’ marked and therefore intended for sale within the EU.
Held: The function of a CE mark is not directed in any way to the question of whether the proprietor of any trademark associated with the goods or packaging on which the CE mark is attached has consented to the placing of the goods anywhere on the market in the EEA or indeed anywhere else. It is there to record the consent of the EU regulatory authorities, not that of a trademark proprietor, to the products being placed on the market in the EU. The presence of the mark could not be used in normal parlance to argue that the company had consented to the import, but the defendant argued that there was a custom and practice to treat it as such. That argument was not supported by by sufficient evidence to carry it. It was not proper to accept a Micawberish type hope that some further evidence might turn up.

Judges:

Lord Justice Neuberger, Lord Justice Moore-Bick, Lord Justice Moore-Bick

Citations:

[2006] EWCA Civ 1775

Links:

Bailii

Statutes:

Trademarks Act 1994, EU Directive 89/104/EEC of 21 December 1988

Jurisdiction:

England and Wales

Citing:

Cited – Zino Davidoff SA v A and G Imports Ltd etc ECJ 20-Nov-2001
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system.
Held: Silence alone was insufficient to constitute . .
Cited – Yangtze Insurance Association v Indemnity Mutual Marine Assurance Co CA 1908
The court considered the significance of a trade custom in interpreting a contract: ‘The general rule of construction is that words used in documents must receive their primary signification, unless the context of the instrument read as a whole, or . .
Cited – Glaxo Group Limited v Dowelhurst Limited, Richard Taylor CA 15-Mar-2004
It was arguable that an EMEA licence number on the packaging of the products in question operated as a sufficient consent under Article 7 to the placing of those products on the market in the EU. The ‘heart’ of the defences he was there considering . .
Cited – Smith Hogg Co v Louis Bamberger and Sons 1929
Where it has been demonstrated by satisfactory evidence that an expression is understood to have a special meaning by virtue of a ‘custom of the trade’, then effect will be given to the custom of the trade, unless it is inconsistent with the express . .

Cited by:

Cited – Mastercigars Direct Ltd v Hunters and Frankau Ltd CA 8-Mar-2007
An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 22 October 2022; Ref: scu.247487

Valle Fernandez v Commission Of The European Communities: ECJ 8 Nov 1988

Officials – Action – Decision of a selection board – Prior administrative complaint – Optional nature – Lodging – Consequences – Period for bringing an action
The normal legal remedy against a decision of a selection board is a direct application to the Court but if the person concerned has made a complaint to the appointing authority, the time-limit for bringing an action runs from the day of the express or implied reply to that complaint .

Citations:

O-264/88, [1988] EUECJ O-264/88

Links:

Bailii

Jurisdiction:

European

European

Updated: 22 October 2022; Ref: scu.215658

Asda Stores Ltd v Revenue and Customs: FTTTx 3 May 2012

FTTTx IMPORT DUTY – customs value – clothing imported together with hangers etc -hangers supplied to overseas supplier of clothing by separate overseas hanger supplier nominated by UK importer – price for hangers paid by overseas clothing supplier to overseas hanger supplier fixed by UK importer, who required clothing supplier to use nominated supplier of hangers – price of hangers recharged without mark-up to UK importer as part of invoice price of goods as imported – customs value of imported goods initially declared by UK importer on total price charged to it – sum subsequently repaid to UK importer by overseas hanger supplier equal to difference between price nominated by UK importer and lower value agreed between UK importer and hanger supplier – whether customs value of imported goods should be reduced to take account of amount so repaid – Articles 29 and 32 of EU Customs Code (Regulation 2913/92/EC) considered – held yes – whether excess duty paid should be repaid under Article 78 – held yes – appeal allowed

Judges:

Poole, Herrington JJ, Law FCA

Citations:

[2012] UKFTT 351 (TC)

Links:

Bailii

Statutes:

Regulation 2913/92/EC 29 32

Jurisdiction:

England and Wales

Citing:

Applied – Hauptzollamt Itzehoe v HJ Repenning Gmbh ECJ 12-Jun-1986
ECJ Article 3(1) of Council Regulation No 1224/80 on the valuation of goods for customs purposes must be interpreted as meaning that where goods bought free of defects are damaged before being released for free . .

Cited by:

Appeal from – HMRC v Asda Stores Ltd UTTC 8-May-2013
UTTC IMPORT DUTY – customs value – Articles 29 and 32 of Community Customs Code (Regulation 2913/92). . .
At FTTTx – Asda Stores Ltd v Revenue and Customs CA 27-Mar-2014
The appellant imported clothing manufactured outside the EU, along with hangers supplied by a third party. The manufacturers were re-imbursed the cost of acquiring the hangers, but the appellants had agreed an inflated price with the hanger . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, European

Updated: 22 October 2022; Ref: scu.462726

Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor.

Judges:

Lord Hodge

Citations:

[2012] ScotCS CSOH – 75

Links:

Bailii

Statutes:

Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC

Jurisdiction:

Scotland

Citing:

Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. . .

Cited by:

Outer House (2) – Healthcare At Home Ltd v The Common Services Agency SCS 21-Mar-2013
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. . .
Outer House (2) – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .
Lists of cited by and citing cases may be incomplete.

Health Professions, European

Updated: 22 October 2022; Ref: scu.457648

Nokia Corporation v Revenue and Customs: ChD 27 Jul 2009

Nokia sought judicial review of a decision of the Commissioners to release a consignment of goods which it said were infringing counterfeits of its own models. The Commissioners said that in the absence of evidence that they were intended for distribution within the EU, it had no power to detain them. The goods were agreed to be fake, but no evidence of the identities of the people involved had beeen established.
Held: Case law established that it was for the mark owner to establish that the goods would be districuted as required: ‘infringement of registered trade mark requires goods to be placed on the market and that goods in transit and subject to suspensive customs procedures do not, without more, satisfy this requirement.’
The Directive had not intended to extend the powers of mark owners in the way suggested. ‘in order for products bearing trade marks to be counterfeit goods within the meaning of the Counterfeit Goods Regulation they must in fact infringe someone’s trade marks in the territory in question. ‘

Judges:

Kitchin J

Citations:

[2009] EWHC 1903 (Ch), [2009] ETMR 59, (2009) 32(8) IPD 32054

Links:

Bailii

Statutes:

Council Regulation 1383/03, The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 (SI 2004/1473), Council Regulation (EEC) No 2913/92, Council Directive 89/104

Jurisdiction:

England and Wales

Citing:

Cited – The Polo/Lauren Co LP v PT Dwidua Langgeng Pratama International Freight Forwarders Case ECJ 14-Apr-2000
Council regulations empowered customs officers of member states to seize goods suspected of being counterfeit or pirated and in breach of Trade Mark and other laws This applied even to goods which were merely seized in transit through a member . .
Cited – Montex Holdings v Diesel (Free Movement Of Goods) ECJ 9-Nov-2006
Montex sold jeans in Ireland where the mark Diesel was not protected. The jeans were made by the manufacture of pieces in Ireland (including pieces with the mark on), exporting them under a customs seal procedure to Poland where they were made up . .
Cited – Rioglass and Transremar (Judgment) ECJ 23-Oct-2003
Motor car windows bearing the trade marks of a number of French motor car makers were lawfully made in Spain. Under a customs suspensive procedure they were being exported outside the EU to Poland. French Customs seized them whilst in transit in . .
Cited – Class International v Colgate Palmolive ECJ 18-Oct-2005
ECJ Trade marks – Directive 89/104/EEC – Regulation (EC) No 40/94 – Rights conferred by the trade mark – Use of the mark in the course of trade – Importation of original goods into the Community – Goods placed . .
Cited – Eli Lilly and Company and Another v 8PM Chemist Ltd CA 5-Feb-2008
The defendant appealed against an order refusing summary relied against a claim for trade mark infringement. The claimant’s drugs were sold internationally, but outside the EU, being sourced in Turkey, and distributed eventually through the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Customs and Excise, European

Updated: 21 October 2022; Ref: scu.368643

Football Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others: ChD 13 Nov 2008

Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had already recognised the significance of the question to be referred as to the licensing of programming rights for sports and outside sport within Europe.
Held: The rules allowed a party to be added in these circumstances, and it was desirable that the parties applying should be joined. Procedural orders and arrangements as to costs were made to reduce any procedural disadvantage to the respondents by addition of the new claimants.

Judges:

Kitchin J

Citations:

[2008] EWHC 2897 (Ch), [2009] 1 WLR 1603, [2009] Eu LR 373

Links:

Bailii

Statutes:

Civil Procedure Rules 19.2(2)

Jurisdiction:

England and Wales

Citing:

Cited – Casagrande v Landeshauptstadt Munchen (Judgment) ECJ 3-Jul-1974
The question of whether or not a person is a party must be decided according to the criteria of national law. . .
Cited – Regina v Minister of Agriculture Fisheries and Food ex parte Anastasiou (P) Ltd ECJ 1-Aug-1994
Turkish Cypriot produce was not acceptable for import without a proper origin label. A certificate from a non-community country was not acceptable, there being no standards of control. . .
Cited – Ramondin and Ramondin Capsulas v Commission (State Aid) ECJ 11-Nov-2004
Where the European Courts has power to permit interventions in direct actions they exercise the power in a restrictive manner, and allow interventions only by those persons able to establish a direct interest in the ruling on the specific act whose . .
See Also – The Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
See Also – Football Association Premier League Ltd and others v QC Leisure and others ChD 24-Jun-2008
Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches. . .

Cited by:

See Also – Football Association Premier League Ltd and Others v QC Leisure and Others ChD 3-Feb-2012
The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European, Litigation Practice

Updated: 21 October 2022; Ref: scu.374396

L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be selling in infringement of the claimants marks. Guidance from the ECJ was required to establish whether the first defendants were also infringing. eBay was under no legal duty to prevent infringement and facilitation of infringement with knowledge and an intention to profit was not enough to render it liable.

Judges:

Arnold J

Citations:

[2009] EWHC 1094 (Ch), [2009] RPC 21, [2009] ETMR 53

Links:

Bailii

Statutes:

Trade Marks Act 1994, First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks 5, Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products

Jurisdiction:

England and Wales

Citing:

Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Cited – Quads 4 Kids v Campbell 2006
. .
Cited – Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v Deenik ECJ 23-Feb-1999
The expressions complained of as trade mark infringements were ‘BMW specialist,’ ‘Specialised in BMWs’ and ‘Repairs and maintenance of BMWs’.
Held: The Court proceeded on the basis that this was an Art.5(1)(a) case of identical marks and . .
Cited – Arsenal Football Club plc v Reed ECJ 12-Nov-2002
The trade mark owner sought orders against a street vendor who sold articles using their marks. He asserted that the marks were not attached to show any quality, but were used by the fans as badges of allegiance.
Held: The function of a trade . .
Cited – Silhouette International Schmied GmbH and Co KG v Hartlauer Handelsgesellschaft mbH ECJ 16-Jul-1998
National Trade Mark rules providing for exhaustion of rights in Trade Marks for goods sold outside area of registration were contrary to the EU first directive on trade marks. A company could prevent sale of ‘grey goods’ within the internal market. . .
Cited – O2 Holdings Limited and O2 (UK) Limited v Hutchison 3G UK Limited ECJ 12-Jun-2008
Use of trade mark in coparative advertising
Europa Trade marks Directive 89/104/EEC Article 5(1) Exclusive rights of the trade mark proprietor Use of a sign identical with, or similar to, a mark in a comparative advertisement Limitation of the effects of a . .
Cited – Sebago and Maison Dubois et Fils SA v GB-Unic SA ECJ 1-Jul-1999
The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual . .
Cited – Robelco v Robeco Groep NV ECJ 21-Nov-2002
Europa Directive 89/104/EEC – Article 5(5) – Provisions on protection against use of a sign other than for the purposes of distinguishing goods or services – Extent of such protection – Signs similar to the mark. . .
Cited – Adam Opel AG v Autec AG, intervener: Deutscher Verband der Spielwaren-Industrie eV (Approximation Of Laws) ECJ 25-Jan-2007
Europa Reference for a preliminary ruling Trade Marks Article 5(1)(a) and (2), and Article 6(1)(b) of the First Directive 89/104/EEC Right of a trade mark proprietor to prevent use by a third party of a sign . .
Cited – Anheuser-Busch v Budejovicky Budvar, narodni podnik ECJ 16-Nov-2004
Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor’s exclusive right to the trade mark – Alleged use of the sign as a trade name. . .
Cited – Celine SARL v Celine SA (Approximation Of Laws) ECJ 18-Jan-2007
Celine SA, set up before 1945, traded in Paris creating and marketing clothes and accessories, and had a French registered trade mark Celine for clothes and shoes. Celine Sarl was set up in 1992 as successor to a business selling clothing and . .
Cited – Zino Davidoff SA v A and G Imports Ltd etc ECJ 20-Nov-2001
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system.
Held: Silence alone was insufficient to constitute . .
Cited – Van Doren + Q GmbH v Lifestyle sports + sportsewar Handelgesellschaft mbH and another ECJ 8-Apr-2003
The claimant was exclusive agent for the trademark holder for Germany. The defendant sold goods it had not bought from the claimant, but bearing the mark. The defendant alleged exhaustion of the claimant’s rights.
Held: The burden of proving . .
Cited – Peak Holding AB v Axolin-Elinor AB (formerly Handelskompaniet Factory Outlet i Loddekopinge AB) ECJ 30-Nov-2004
ECJ (Approximation Of Laws) Trade marks – Directive 89/104/EEC – Article 7(1) – Exhaustion of the rights conferred by a trade mark – Putting on the market of the goods in the EEA by the proprietor of the trade . .
Cited – Montex Holdings v Diesel (Free Movement Of Goods) ECJ 9-Nov-2006
Montex sold jeans in Ireland where the mark Diesel was not protected. The jeans were made by the manufacture of pieces in Ireland (including pieces with the mark on), exporting them under a customs seal procedure to Poland where they were made up . .
Cited – Bristol-Myers Squibb and others v Paranova ECJ 11-Jul-1996
ECJ 1. Reliance by a trade mark owner on his rights as owner in order to prevent an importer from marketing a product which was put on the market in another Member State by the owner or with his consent where . .
Cited – Pharmacia and Upjohn SA, formerly Upjohn SA v Paranova A/S ECJ 12-Oct-1999
ECJ Trade-mark rights – Pharmaceutical products – Parallel imports – Replacement of a trade mark. . .
Cited – Loendersloot v Ballantine and Son and others ECJ 11-Nov-1997
ECJ Article 36 of the EC Treaty – Trade mark rights – Relabelling of whisky bottles. . .
Cited – Parfums Christian Dior v Evora BV ECJ 4-Nov-1997
ECJ As a court common to more than one Member State which has the task of ensuring that the legal rules common to the three Benelux States are applied uniformly and reference to which is a step in the proceedings . .
Cited – Copad SA v Christian Dior couture SA, Vincent Gladel, as liquidator of Societe industrielle lingerie (SIL), Societe industrielle lingerie (SIL) ECJ 23-Apr-2009
ECJ Directive 89/104/EEC – Trade-mark law Exhaustion of the rights of the proprietor of the trade mark – Licence agreement – Sale of goods bearing the trade mark in disregard of a clause in the licence agreement . .
Cited – Boehringer Ingelheim KG and Others v Swingward Ltd and Another ECJ 23-Apr-2002
The applicant sought to restrict the right of parallel importers of its goods to repackage the goods, and re-supply them in packaging on which their trade mark had been re-applied.
Held: The prohibition of quantitative restrictions on imports . .
Cited – Michael Holterhoff v Ulrich Freiesleben ECJ 14-May-2002
A trade mark was found to have been used to describe a method of cutting precious stones, rather than to identify their producer. . .
Cited – Boehringer Ingelheim KG v Swingward Ltd ECJ 6-Apr-2006
Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case . .
Cited – Mastercigars Direct Ltd v Hunters and Frankau Ltd CA 8-Mar-2007
An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, . .

Cited by:

Cited – Twentieth Century Fox Film Corporation and Another v Newzbin Ltd ChD 29-Mar-2010
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights.
Held: The defendant . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 21 October 2022; Ref: scu.346317

Commission v France (Rec 1993,p I-2289) (Judgment): ECJ 5 May 1993

Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products has provided exhaustively for the harmonization of national rules on the packaging and labelling of the products at issue. A Member State fails to fulfil its obligations under Directive 76/768, therefore, where its legislation exceeds the limits of the requirements laid down by Article 7(3) of the Directive regarding information, by making the marketing of cosmetic products subject to an obligation to maintain a file permanently at the disposal of the competent authorities, containing information on the nature of the product, the way in which it was manufactured and tested, its use and method of application, and on the clinical trials conducted in order to ascertain its toxicity and its tolerance by the human body.

Citations:

C-246/91, [1993] EUECJ C-246/91

Links:

Bailii

Jurisdiction:

European

Consumer

Updated: 19 October 2022; Ref: scu.160786

Martinez Vidal v Gemeenschappelijke Medische Dienst: ECJ 27 Jun 1991

Social security for migrant workers – Invalidity insurance – Person in receipt of benefits residing in a Member State other than the competent State – Medical examinations – Requirement that the recipient travel to the territory of the competent Member State at the request of the institution responsible for payment – Conditions – Journey not harmful to the health of recipient and expenses paid – Unfitness to travel certified by the institution of the place of stay – Verification on the spot of unfitness to travel by the institution responsible for payment – Permissibility
(Council Regulation No 574/72, Article 51(1))
Where an institution responsible for payment of an invalidity benefit exercises the power provided for in Article 51(1) of Regulation No 574/72 of having a recipient of the benefit residing in another Member State examined by a doctor of its own choice, the person concerned may be required to go to the Member State in which the competent institution is situated, provided that the travel and accommodation expenses thereby incurred are borne by the competent institution and the person concerned is fit enough to make the journey without impairment of his health.
Where the institution of the place where the person concerning is staying or residing has determined that that person is not fit enought to undertake the journey, there is nothing to prevent the institution responsible for payment or the body responsible for medical examinations from verifying that circumstance on the spot.

Citations:

[1991] ECR I-3245, C-344/89, [1991] EUECJ C-344/89

Links:

Bailii

Jurisdiction:

European

European, Benefits

Updated: 17 October 2022; Ref: scu.160369

Antillean Rice Mills v Council: ECJ 22 Nov 2001

Arrangements for association of overseas countries and territories – Imports of rice originating in the overseas countries and territories – Safeguard measures – Regulation (EC) No 304/97 – Action for annulment – Inadmissibility

Citations:

C-451/98, [2001] EUECJ C-451/98, [2001] ECR I-8763, ECLI:EU:C:2001:622, [2001] ECR I-8949

Links:

Bailii

Jurisdiction:

European

European

Updated: 17 October 2022; Ref: scu.166903

France v Commission: ECJ 13 Nov 2001

ECJ EAGGF – Clearance of accounts – 1994 – Supplementary levy on milk – Disputes between those liable to the levy and the competent national authorities – Proceedings before national courts – Negative corrections applied to Member States for supplementary levies not yet recovered

Judges:

N. Colneric

Citations:

C-277/98, [2001] EUECJ C-277/98, ECLI:EU:C:2001:603, ECLI:EU:C:2001:603

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 17 October 2022; Ref: scu.166902