Category: European

Criminal proceedings against Herbert Gilli and Paul Andres: ECJ 26 Jun 1980

In the absence of common rules relating to the production and marketing of a product it is for member states to regulate all matters relating to its production, distribution and consumption on their own territory subject, however, to the condition that those rules do not present an obstacle, directly or indirectly, actually or potentially, to intra-community trade. It is only where national rules, which apply without discrimination to both domestic and imported products, may be justified as being necessary in order to satisfy imperative requirements relating in particular to the protection of public health, the fairness of commercial transactions and the defence of the consumer that they may constitute an exception to the requirements arising under article 30 of the EEC treaty. The concept of ‘measures having equivalent effect’ to ‘quantitative restrictions on imports’, occurring in article 30 of the eec treaty, is to be understood as meaning that a prohibition imposed by a member state on importing or marketing vinegar containing acetic acid not derived from the acetic fermentation of wine comes within that provision where the vinegar involved is lawfully produced and marketed in another member state.

Citations:

C-788/79

European

Updated: 10 April 2022; Ref: scu.132952

Denilauler v SNC Couchet Freres (Judgment): ECJ 21 May 1980

The courts of the place or, in any event, of the Contracting State, where the assets subject to the measures sought are located, are those best able to assess the circumstances which may lead to the grant or refusal of the measures sought or to the laying down of procedures and conditions which the plaintiff must observe in order to guarantee the provisional and protective character of the measures ordered.

Citations:

[1980] ECR 1553, C-125/79

Cited by:

Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Cited – Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard HL 12-Jun-2003
Mr Qabazard conspired with others to defraud the Kuwait Oil Tanker Company SAK and Sitka Shipping Inc of large sums of money. On 16 November 1998 Moore-Bick J gave judgment against him for over US$130m. Historically sums had been placed with the . .
Lists of cited by and citing cases may be incomplete.

European, Jurisdiction

Updated: 10 April 2022; Ref: scu.132901

Firma Stadtereinigung K. Nehlsen KG v Freie Hansestadt Bremen: ECJ 6 Dec 1979

Transport – common policy – social provisions – regulation no 543/69 of the council – material scope – vehicles of public authorities – exclusion – vehicles of a private undertaking used to perform a public service – inclusion (regulation no 543/69 of the council, art. 4 (4), as amended by regulation no 2827/77) Pursuant to article 4 (4) of regulation no 543/69 of the council on the har- monization of certain social legis- lation relating to road transport, as amended by regulation no 2827/77, that regulation does not apply to carriage by ‘.. Vehicles which are used by other public authorities for public services. ‘ That expression must be understood as covering only vehicles which are owned by or under the control of the public authority and does not extend to vehicles belonging to a private undertaking and used by the latter to perform a public service or a service in the public interest which it has undertaken to provide under a contract governed by private law.

Citations:

C-47/79, [1979] ECR 3639

Cited by:

Cited – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another HL 8-Jul-1999
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 10 April 2022; Ref: scu.132841

Jacques de Cavel v Louise de Cavel: ECJ 27 Mar 1979

The term ‘rights in property arising out of a matrimonial relationship’ within the meaning of the second paragraph of article 1 of the Convention, includes not only property arrangements specifically and exclusively envisaged by certain national legal systems in the case of marriage but also any proprietary relationships resulting directly from the matrimonial relationship or the dissolution thereof. Judicial decisions authorizing provisional protective measures – such as the placing under seal or the freezing of the assets of the spouses – in the course of proceedings for divorce do not fall within the scope of the convention as defined in article 1 thereof if those measures concern or are closely connected with either questions of the status of the persons involved in the divorce proceedings or proprietary legal relations resulting directly from the matrimonial relationship or the dissolution thereof. In relation to the matters covered by the convention, no legal basis is to be found therein for drawing a distinction between provisional and definitive measures.

Citations:

C-143/78

Statutes:

Convention Of 27 September 1968 On Jurisdiction And The Enforcement Of Judgments

Cited by:

Cited – Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement) CA 30-Jul-2004
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust.
Held: A clause in . .
See Also – Louise De Cavel v Jacques De Cavel. ECJ 6-Mar-1980
. .
Lists of cited by and citing cases may be incomplete.

European, Family

Updated: 10 April 2022; Ref: scu.132727