Category: European

H J Banks and Co Ltd and Others v British Coal Corporation: QBD 10 Aug 1994

No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made.

Judges:

Mance J

Citations:

Times 10-Aug-1994

Jurisdiction:

England and Wales

Citing:

At ECJ – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting . .

Cited by:

See Also – Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher ComC 20-Dec-1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Utilities, European

Updated: 08 April 2022; Ref: scu.81098

Fitzwilliam Executive Search Ltd v Bestuur Van Het Landelijk Institut Sociale Verzekeringen Case C-202/97: ECJ 15 Mar 2000

An E101 certificate as to the payment of benefits issued by one member state with respect to the responsibility for social security payments was binding on the member state which received such a certificate. Where however there were proper doubts as to the correctness of the facts asserted as underlying the certificate it was proper to challenge the certificate., and the certificate should be re-examined and if appropriate withdrawn.

Citations:

Times 15-Mar-2000

Employment, Benefits, European

Updated: 08 April 2022; Ref: scu.80591

Nagy v HajduBihar Megyei Kormanyhivatal and Others: ECJ 10 Oct 2013

ECJ (Judgment) Preliminary reference – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – Absence – Clear lack of jurisdiction of the Court

Citations:

ECLI:EU:C:2013:703, [2013] EUECJ C-488/12

Links:

Bailii

Jurisdiction:

European

European, Human Rights

Updated: 08 April 2022; Ref: scu.569027

C R Smith Glaziers (Dunfermline) Limited v Commissioners of Customs and Excise: HL 20 Feb 2003

The taxpayer sold double glazing, supported by an insured guarantee, for which a charge was made. The additional charge was exempt, but it was contended that the contract should have stated the amount pursuant to Note 5.
Held: The contract gave the rate of charge at 10 per cent. The Act allowed the commisioners to set a form of notice, but this had not been done. The requirement was intended to prevent value shifting between taxable and exempt supplies. That purpose was satisfied by the form actually used. The contract set the amount at the time of the contract. A requirement which did not allow the exemption for the insurance service would be contrary to European law: ‘the Commissioners’ construction does not conform to the terms of the Sixth Directive and it is therefore necessary to adopt the alternative construction which does. I would therefore allow the appeal and declare that the taxpayer is entitled to exemption for the consideration attributable to insurance-related services during the relevant period.’ (Lord Slynn of Hadley dissenting)

Judges:

Hoffmann, Slynn of Hadley, Woolf, Hope of Craighead, Walker of Gestingthorpe, LL

Citations:

Times 21-Feb-2003, [2003] UKHL 7, [2003] STC 419, [2003] 1 WLR 656, 2003 SLT 355, [2003] BVC 249, [2003] 1 CMLR 37, 2003 SC (HL) 21, 2003 GWD 8-239, 2003 SCLR 222, [2003] BTC 5193, [2003] STI 267, [2003] 1 All ER 801

Links:

House of Lords, Bailii

Statutes:

Value Added Tax Act 1994 Sch 9 Group 2 Note (5), EC Sixth Directive on turnover taxes (77/388/EEC)

Jurisdiction:

Scotland

Citing:

Appeal from – Cr Smith Glaziers (Dunfermline) Ltd Against A Decision of Edinburgh Vat and Duties Tribunal OHCS 16-Feb-2001
. .
Cited – Jeunehomme and Others v Belgian State; Jorion v Belgium State ECJ 14-Jul-1988
It was legitimate for Belgium to require, as a condition of a VAT deduction, that the invoice on the sale of a motor car should contain a good deal of information enabling the car to be identified and thereby to prevent substitution and fraud. But . .
Cited – Ampafrance SA v Directeur des Services Fiscaux de Maine-et-Loire ECJ 19-Sep-2000
Europa 1. Council Decision 89/487, adopted on the basis of Article 27 of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes, which provides that a Member State . .
Cited – Muys’ en De Winter’s Bouwen Aannemingsbedrijf v Staatssecretaris van Financien ECJ 27-Oct-1993
Europa Tax provisions – Harmonization of laws – Turnover taxes – Common system of value added tax – Exemptions provided for by the Sixth Directive – Exemptions in respect of transactions relating to the granting . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Stichting Uitvoering Financiele Acties v Staatssecretaris Van Financien (Judgment) ECJ 15-Jun-1989
For VAT the general rule is that a turnover tax is levied on all services supplied for consideration by a taxable person. Exemptions are to be strictly construed in the VAT legislation. . .

Cited by:

Appealed to – Cr Smith Glaziers (Dunfermline) Ltd Against A Decision of Edinburgh Vat and Duties Tribunal OHCS 16-Feb-2001
. .
Cited – Lex Services plc v Her Majestys Commissioners of Customs and Excise HL 4-Dec-2003
When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher price. When cars were returned, the company at first reclaimed the VAT on the re-purchase price, . .
Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 08 April 2022; Ref: scu.179501

Auto Lease Holland BV v Bundesamt fur Finanzen: ECJ 6 Feb 2003

The court identified the need to give an autonomous meaning to the phrase ‘supply of goods’ in article 5(1) of the Sixth Directive as follows: ‘ . . .. it is clear from the wording of that provision that ‘supply of goods’ does not refer to the transfer of ownership in accordance with the provisions prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party to dispose of it as if he were the owner of the property. The purpose of the Sixth Directive might be jeopardised if the preconditions for a supply of goods . . .. varied from one Member State to another, as do the conditions governing the transfer of ownership under civil law.’

Judges:

M. Wathelet, P

Citations:

[2003] ECR 1-1317, C-185/01, [2003] EUECJ C-185/01, [2005] STC 598

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Revenue and Customs v Debenhams Retail Plc CA 18-Jul-2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to . .
Applied – Revenue and Customs v Loyalty Management UK Ltd ChD 22-Jun-2006
The taxpayer operated a substantial loyalty reward scheme (Nectar) for assorted companies. The Revenue appealed against an order allowing the company to reclaim input VAT. The court was asked now: ‘what is the proper characteristic, for VAT . .
Cited – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 13-Mar-2013
The company managed a card loyalty scheme for retailers. The Revenue appealed against a decision that the company could reclaim VAT input tax on the goods purchased on the customers redeeming their points. The ECJ had decided that the service . .
Cited – Loyalty Management UK Ltd v HM Revenue and Customs CA 5-Oct-2007
The company (LMUK) managed a loyalty scheme for retailers. Their customers were awarded point sunder the schem on purchasing items, and then redeeemed those points against other purchases. LMUK sought to recover input tax on the invoices it paid to . .
Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 08 April 2022; Ref: scu.179497

State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania v SEB Bankas: ECJ 11 Apr 2018

Judgment – Reference for a preliminary ruling – Common system of value added tax (VAT) – Limitation of the right to deduct input tax – Adjustment of deduction of input tax – Delivery of land – Incorrect classification of’ taxed activity ‘- Indication of tax on the original invoice – Modification of this indication by the supplier’

Citations:

C-532/16, [2018] EUECJ C-532/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 07 April 2022; Ref: scu.608649

Commission v Denmark – C-541/16: ECJ 12 Apr 2018

Transport – Cabotage Operations – Judgment – Failure of a Member State to fulfil obligations – Regulation (EC) No 1072/2009 – Article 2(6) – Article 8 – Cabotage operations – Definition – Definition contained in a ‘Questions and answers’ document drawn up by the European Commission – Legal force – National implementing measures limiting the number of loading points and unloading points which may be part of the same cabotage operation – Discretion – Restriction – Proportionality

Citations:

ECLI:EU:C:2018:251, [2018] EUECJ C-541/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 07 April 2022; Ref: scu.608632

Jenkinson v Council and Others: ECJ 11 Apr 2018

Staff Regulations of Officials and Conditions of Employment of Other Servants – Opinion – Appeal – Staff of international missions of the European Union – Applicable law and jurisdiction to adjudicate disputes concerning employment contracts – Successive fixed-term contracts of appointment – Decision not to renew the last contract – Claim for damages interests – Determination of the defendant

Citations:

C-43/17, [2018] EUECJ C-43/17P – O, [2018] EUECJ C-43/17P

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 07 April 2022; Ref: scu.608639

Infopaq International v Danske Dagblades Forening: ECJ 12 Feb 2009

ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts of reproduction – Monitoring and analysis of the media – Extracts from newspaper articles composed of 11 words.

Judges:

Trstenjak AG

Citations:

[2009] EUECJ C-5/08 – O, C-5/08

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
Cited – Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .
Cited – Meakin v British Broadcasting Corporation and Others ChD 27-Jul-2010
The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. . .
Applied – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others CA 27-Jul-2011
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members . .
Opinion – Infopaq International A/S v Danske Dagblades Forening ECJ 17-Jan-2012
ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient . .
Cited – Sheeran and Others v Chokri and Others ChD 6-Apr-2022
Insufficient Evidence to say Song was Copied
S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs.
Held: The song was not copied. The defendant had not shown that the claimant knew anything of the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 07 April 2022; Ref: scu.408856

Ministry of Justice v Dicu: ECJ 20 Mar 2018

(Opinion) Reference for a preliminary ruling – Social policy – Adjustment of working time – Right to paid annual leave – Duration – Meaning of ‘period of actual work’ – Right to parental leave – Failure to take into account the duration of parental leave for the purposes of the determination the right to paid annual leave

Citations:

ECLI:EU:C:2018:195, [2018] EUECJ C-12/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606492

Ziolkowski and Others v Land Berlin: ECJ 6 Oct 2010

ECJ Order – REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesverwaltungsgericht (Germany), made by decision of 13 July 2010, received at the Court on 31 August 2010, in the proceedings.

Judges:

First Advocate General Mengozzi

Citations:

[2010] EUECJ C-424/10, C-425/10

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Ziolkowski and Others v Land Berlin ECJ 14-Sep-2011
ECJ Opinion – The right of citizens of the Union to move and reside freely within the territory of the Member States – Conditions for the acquisition of a right of permanent residence – Concept of ‘legal . .
Order – Ziolkowski and Others v Land Berlin ECJ 21-Dec-2011
Grand Chamber – Freedom of movement for persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on national law – Period of residence completed before the accession to the European Union of the . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 April 2022; Ref: scu.523743

Sinclair Collis Ltd v Commissioners of Customs and Excise: ECJ 12 Jun 2003

ECJ Sixth VAT Directive – Article 13B(b) – Exempt transactions – Letting of immovable property – Meaning – Cigarette vending machines installed in commercial premises.
The claimants installed cigarette vending machines on shop premises, with the shop-owners taking a proportion of the takings. They claimed exemption from VAT on the agreements as being ‘lettings of immovable property.’
Held: The agreements were not such lettings of immoveable property, and were liable to VAT. The agreements were not lettings of a space for occupation, and the actual position occupied was not material to the agreement, the rights only operated whilst the shop was open, and there was no right to exclude the ‘landlord’.

Judges:

CWA Timmermans, P

Citations:

[2003] BVC 374, C-275/01, Times 30-Jun-2003, [2003] EUECJ C-275/01, [2003] ECR I-5965, [2003] 2 CMLR 36, [2003] CEC 452, [2003] STC 898, [2003] STI 1070, [2003] BTC 5318

Links:

Bailii

Statutes:

Sixth Council Directive 77/388/EEC of May 17 1977

Jurisdiction:

European

Citing:

Reference from – Commissioners of Customs and Excise v Sinclair Collis Limited HL 7-Jun-2001
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines . .
Cited – Mirror Group plc v Commissioners of Customs and Excise, Cantor Fitzgerald International v Same ECJ 9-Oct-2001
A potential lessee who did not have an interest in immovable property agreed to take a lease in return for money paid by the landlord. The transaction was not exempt from value-added tax under article 13(B)(b) as ‘the leasing or letting of immovable . .

Cited by:

Reference to – Commissioners of Customs and Excise v Sinclair Collis Limited HL 7-Jun-2001
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines . .
Lists of cited by and citing cases may be incomplete.

VAT, Landlord and Tenant

Updated: 06 April 2022; Ref: scu.183782

Skatteministeriet v Y Denmark Aps: ECJ 1 Mar 2018

Opinion – Approximation of Laws – Reference for a preliminary ruling – Directive 2011/96 / EU on the common system of taxation applicable to parent companies and subsidiaries of Member States (referred to as the Parent-Subsidiary Directive) – Necessity of an effective beneficiary in the event of dividend payments – Misuse tax adjustment possibilities – Criteria relating to the existence of an abuse committed with the aim of evading taxation at source – Impact of the comments of the OECD model convention on the interpretation of a tax directive European Union – Direct Application of a Non-Transposed Directive Provision – Interpretation in Accordance with EU Law of National Principles for the Prevention of Abuse

Judges:

Kokott AG

Citations:

ECLI:EU:C:2018:145, [2018] EUECJ C-117/16 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606035

SNCF Mobilites v Commission: ECJ 7 Mar 2018

State Aid – Aid Implemented By The French Republic In Favour of Sernam – Judgment – Appeal – State aid – Aid implemented by the French Republic in favour of Sernam – Restructuring and recapitalisation aid, guarantees and waiving of Sernam’s financial debts by SNCF – Decision declaring that aid incompatible with the internal market and ordering its recovery – Sale of assets en bloc – Concept of ‘sale’ – Confusion between object and price of the sale of assets en bloc – Open and transparent procedure – Private investor test – Application of that principle to an assignment of assets en bloc – Compensatory measures

Citations:

C-127/16, [2018] EUECJ C-127/16P, [2018] EUECJ C-127/16, [2017] EUECJ C-127/16_O, [2017] EUECJ C-127/16P_O

Links:

Bailii, Bailii, Bailii, Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606029

X Denmark A/S v Skatteministeriet: ECJ 1 Mar 2018

Opinion – Approximation of Laws – Reference for a preliminary ruling – Council Directive 2003/49 / EC on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (known as the Interest and Royalties Directive) – Concept of beneficial ownership – Proprietary trading for for-hire – Impact of comments of the OECD model convention on the interpretation of a European Union directive – Misuse of tax adjustment possibilities – Criteria relating to the existence of an abuse to avoid tax at source – Abuse to exploit the absence of systems for the exchange of information between States – Application of Directive 2003/46 / EC to payments to an SCA ,Luxembourg SICAR – Direct application of a non-transposed Directive provision – Interpretation in accordance with EU law of national principles for the prevention of abuse

Judges:

Kokott AG

Citations:

C-118/16, [2018] EUECJ C-118/16 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 April 2022; Ref: scu.606034

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration.
It was additionally argued that a national measure adopted pursuant to a transitional provision in the Act of Accession is not subject to proportionality review at all.
Held: ‘ there is no good reason to depart from the decision of the House of Lords in Zalewska as regards the applicability of the principle of proportionality in the present context. As Lord Reed and Lord Toulson pointed out in their judgment in the Lumsdon case, at para 24, proportionality is a general principle of EU law. There is no basis for saying that it has no application in the context of reliance by a member state on a derogating provision such as that in paragraph 5 of Annex VIII. We consider that it is clear to the acte clair standard that the measures taken by the United Kingdom in issue in this case are required to satisfy the EU principle of proportionality.’
The extension of the WRS in 2009 was a disproportionate measure which was unlawful under EU law.

Judges:

Lady Hale, President, Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Sales

Citations:

[2019] UKSC 31, [2019] AC 885, [2019] WLR(D) 361, [2019] 3 WLR 71, [2020] INLR 137, [2019] 4 All ER 389, UKSC 2018/0008

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 2019 Mar 12 am Video, SC 2019 Mar 12 pm Video, SC 2019 Mar 13 am Video

Statutes:

Accession (Immigration and Worker Registration) Regulations 2004, Treaty establishing the European Community, The Immigration (European Economic Area) Regulations 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – The Secretary of State for Work and Pensions v Gubeladze CA 7-Nov-2017
Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of . .
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Cited – Sinclair Collis Ltd, Regina (on The Application of) v The Secretary of State for Health CA 17-Jun-2011
The claimants sought to challenge the validity of rules brought in under the 2009 Act as to the placement of cigarette vending machines in retail outlets. They said it was a a national measure restricting the free movement of goods. The . .
Cited – PUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid ECJ 10-Feb-2011
Freedom to provide services – Posting of workers – 2003 Act of Accession – Transitional measures – Access of Polish nationals to the labour market of States which were already Member States of the European Union at the time of the accession of the . .
Cited – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Cited – Prefeta v Secretary of State for Work and Pensions ECJ 13-Sep-2018
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of . .
Cited – Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council SC 27-Jan-2016
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to . .
Cited – Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
Cited – Ziolkowski and Others v Land Berlin ECJ 21-Dec-2011
Grand Chamber – Freedom of movement for persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on national law – Period of residence completed before the accession to the European Union of the . .
Cited – Olaitan Ajoke Alarape v Secretary Of State For The Home Department ECJ 15-Jan-2013
ECJ Opinion – Free movement of persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on Article 12 of Regulation (EEC) No 1612/68 . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.638489

Zalewska v Department for Social Development: HL 12 Nov 2008

(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence.
Held: (Lady Hale and Lord Neuberger dissenting) The provision was not incompatible with European Law. The derogation was required to be proportionate. The scheme was intended to allow, through the registration of employments, the government to monitor the impact of the accessions on the the general labour market.

Judges:

Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury

Citations:

[2008] UKHL 67, [2008] 1 WLR 2602, [2009] Eu LR 344, [2009] 1 CMLR 24, [2009] 2 All ER 319

Links:

Bailii, Times, HL

Statutes:

EC Treaty 18EC, Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219), Immigration Act 1971, Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community, Income Support (General) Regulations (Northern Ireland) 1987 (SR 1987/459)

Jurisdiction:

Northern Ireland

Citing:

Cited – Royer v Belgium ECJ 8-Apr-1976
ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, . .
Cited – Trojani v Centre public d’aide sociale de Bruxelles (CPAS) ECJ 7-Sep-2004
EAT Freedom of movement of persons – Citizenship of the European Union – Right of residence – Directive 90/364/EEC – Limitations and conditions – Person working in a hostel in return for benefits in kind – . .
Cited – Lopes Da Veiga v Staatssecretaris Van Justitie ECJ 27-Sep-1989
Europa Article 216(1) of the Act of Accession of Portugal must be interpreted as meaning that the provisions relating to the holding of employment and equal treatment which are contained in Article 7 et seq . of . .
Cited – Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS) ECJ 22-Jan-2002
The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the . .
Cited – Mouvement contre le racisme, l’antisemitisme et la xenophobie ASBL (MRAX) v Etat Belge ECJ 25-Jul-2002
Europa Third country nationals who are the spouse of a Member State national – Requirement for a visa – Right of entry for spouses not in possession of identity documents or a visa – Right of residence for . .
Cited – Skanavi and Chryssanthakopoulos (Judgment) ECJ 29-Feb-1996
Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty.
Fromancais Sa v Fonds D’Orientation Et De Regularisation Des Marches Agricoles (Forma) ECJ 23-Feb-1983
‘In order to establish whether a provision of community law is consonant with the principle of proportionality it is necessary to establish, in the first place, whether the means it employs to achieve its aim correspond to the importance of the aim . .
Cited – Commission v Belgium (Free Movement Of Persons) ECJ 23-Mar-2006
Europa Failure to fulfil obligations – Breach of Community legislation on the right of residence of citizens of the Union – National legislation and administrative practice relating to the requirement of . .
Cited – D, Regina (on the Application of) v Secretary of State for Work and Pensions CA 11-Oct-2004
Challenge was to Regulations which affect the position of nationals of certain States which had acceded to membership of the European Union . .
At CANI – Zalewska v Department for Social Development CANI 9-May-2007
. .

Cited by:

Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 06 April 2022; Ref: scu.277816

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed against rejection of their argument that the decision was contrary to the 2009 Regulations.
Held: The appeal failed. The Quality Assurance Scheme for Advocates for criminal practitioners both complied with the reuirements imposed by European law, and was both proportionate and lawful.
The origin of the scheme had been concern at the law standards of some advocates, and a requirement for accreditation though judicial assessment was rational.
Lord Reed and Lord Toulson: ‘Proportionality as a general principle of EU law involves a consideration of two questions: first, whether the measure in question is suitable or appropriate to achieve the objective pursued; and secondly, whether the measure is necessary to achieve that objective, or whether it could be attained by a less onerous method. There is some debate as to whether there is a third question, sometimes referred to as proportionality stricto sensu: namely, whether the burden imposed by the measure is disproportionate to the benefits secured. In practice, the court usually omits this question from its formulation of the proportionality principle. Where the question has been argued, however, the court has often included it in its formulation and addressed it separately, as in R v Minister for Agriculture, Fisheries and Food, Ex p Fedesa (Case C-331/88) [1990] ECR I-4023.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Toulson

Citations:

[2015] UKSC 40, [2015] Crim LR 894, [2015] WLR(D) 270, [2015] 3 CMLR 42, [2015] HRLR 12, [2015] 3 WLR 121, [2016] 1 All ER 391, UKSC 2014/0081, [2016] AC 697

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Video, WLRD

Statutes:

Legal Services Act 2007, Provision of Services Regulations 2009, Council Directive 2006/123/EC, EU Charter of Fundamental Rights 52(1)

Jurisdiction:

England and Wales

Citing:

See Also – Lumsdon and Others v Legal Services Board Admn 30-Oct-2013
The claimants, practising barristers and members of the Criminal Bar Association sought a declaration that the Quality Assurance Scheme for Advocates approved by the defendant was unlawful. . .
At First Instance – Lumsdon and Others, Regina (on The Application of) v Legal Services Board Admn 20-Jan-2014
Four barristers challenged, by a judicial review, a decision by which the LSB approved an application proposed by the BSB jointly with two other approved regulators, the SRA and IPS, to introduce the Quality Assurance Scheme for Advocates . .
Appeal from – Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others CA 7-Oct-2014
The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates.
Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then . .
Cited – Rex v Pritchard 21-Mar-1836
A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a Jury to be impanneled, to try whether he was mute by the visitation of God, the jury found that he was so. The jury were then sworn to try whether he was able to . .
Cited – Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Cited – Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd ECJ 10-Dec-2002
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid.
Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive . .
Cited – British Sugar v Intervention Board for Agricultural Produce ECJ 19-Feb-2004
CJ Agriculture – Common organisation of the markets – Sugar – Regulation (EEC) No 2670/81 – Proof of export – Regulation (EEC) No 3719/88 – Correction of an export licence – Obvious inaccuracy – Principle of . .
Cited – Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport ECJ 10-Jan-2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Revenue and Customs v Aimia Coalition Loyalty UK Ltd SC 20-Jun-2013
Decisions about the application of the VAT system are highly dependent upon the factual situations involved. The case-law of the Court of Justice indicates that, when determining the relevant supply in which a taxable person engages, regard must be . .
Cited – Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij ECJ 12-Jul-2001
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be . .
Cited – Reiseburo Broede v Sandker ECJ 12-Dec-1996
ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions
(EC Treaty, Art. 59)
2 Freedom to provide services – Judicial recovery of debts – Restrictions – . .
Cited – Alliance For Natural Health and Another, Regina (On The Application of) v Secretary Of State For Health and Anor (Approximation Of Laws) ECJ 12-Jul-2005
ECJ Approximation of laws – Food supplements – Directive 2002/46/EC – Prohibition on trade in products not complying with the directive – Validity – Legal basis – Article 95 EC – Articles 28 EC and 30 EC – . .
Cited – Manzanilla Limited v Corton Property and Investments Limited; John MacIver (Southport) Limited; Rootbrights Limited and Halliwell Landau (a Firm) CA 13-Nov-1996
Millett LJ set out the principles applicable to a deposit paid on a land transaction being held by a stakeholder: ”Where a stakeholder is involved, there are normally two separate contracts to be considered. There is first the bilateral contract . .

Cited by:

Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Scotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, European, Human Rights

Updated: 06 April 2022; Ref: scu.549436

The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK.
Held: The appeal failed. Though article 17(1)(a) of Directive 2004/38/EC used the word ‘resided’ without no qualification, articles 16(1) and (2) used the phrase ‘resided legally’. At first sight, therefore, one might think article 17(1)(a) to be referring to something wider than legal residence. However, European Union statutes must be interpreted more widely, allowing for the context and purpose of the Directive.
(1) The Secretary of State succeeded on the construction of the Citizens Directive. The word ‘reside’ in article 17(1)(a) meant ‘legally reside’ which in this context meant residence in the exercise of rights under the Citizens Directive. As a result, the Court of Appeal did not need to rule on a new argument advanced by the respondent for the first time in the Court of Appeal, namely that even if ‘resided’ in article 17(1)(a) of the Citizens Directive means ‘legally resided’, that word has a wider meaning in regulation 5(2)(c) of the 2006 Regulation where it means actual residence, with or without any right to remain. The Court of Appeal was, however, inclined to the view that ‘resided’ in regulation 5(2)(c) of the 2006 Regulations has the same meaning as in the Citizens Directive.
(2) There was no error of law in the Upper Tribunal’s conclusion that the extension of the WRS was disproportionate and therefore incompatible with EU law.

Judges:

Rupert Jackson, Lindblom, Peter Jackson LJJ

Citations:

[2017] EWCA Civ 1751, [2018] 1 WLR 3324, [2017] WLR(D) 798, [2018] 2 All ER 228

Links:

Bailii, WLRD

Statutes:

State Pension Credit Act 2002 1(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.599377

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law.
Held: The claimants’ appeals failed. When she applied, Ms Mirga was not eligible for income support because she was a ‘person from abroad’, and could not claim to be a ‘worker’ as she was an A8 national who had not done 12 months’ employment and thus could not qualify under the A8 Regulations. Her right of residence under EU law was qualified by the words ‘subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect’, which include the Accession Treaty and the 2004 Directive, and hence the A8 Regulations and the EEA Regulations respectively.
Mr Samin was not a ‘worker’ within the EEA Regulations because heis now incapable of work and had not worked for 12 months in the UK. His Article 18 rights were limited to ‘the scope of the Treaties’, and came into play where there is discrimination in connection with a right in the TFEU or another EU treaty.
As to the argument that the measures were disproportinate, where a national of another member state is not a worker, self-employed or a student and had no, or very limited, means of support and no medical insurance, it would undermine the whole thrust of the 2004 Directive if proportionality could be invoked to entitle that person to have the right of residence and social assistance in another member state, save perhaps in extreme circumstances.

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Reed

Citations:

[2016] UKSC 1, [2016] HLR 7, [2016] 2 All ER 447, [2016] 2 CMLR 31, [2016] 1 WLR 481, [2016] AACR 26, [2016] WLR(D) 33, UKSC 2013/0161

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary

Statutes:

European Union (Accessions) Act 2003, Social Security Contributions and Benefits Act 1992, Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – Samin v City of Westminster CA 21-Nov-2012
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in . .
Cited – Mirga v Secretary of State for Work and Pensions CA 4-Dec-2012
. .
Cited – Brey v Pensionsversicherungsanstalt ECJ 19-Sep-2013
Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having . .
Cited – Dano v Jobcenter Leipzig ECJ 11-Nov-2014
ECJ Judgment – Free movement of persons – Citizenship of the Union – Equal treatment – Economically inactive nationals of a Member State residing in the territory of another Member State – Exclusion of those . .
Cited – Jobcenter Berlin Neukolln v Alimanovic ECJ 15-Sep-2015
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Equal treatment – Directive 2004/38/EC – Article 24(2) – Social assistance – Regulation (EC) No . .
Cited – Baumbast and Another v Secretary of State for the Home Department ECJ 17-Sep-2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who . .
Cited – Dansk Jurist-Og Okonomforbund v Indenrigs-Og Sundhedsministeriet ECJ 26-Sep-2013
ECJ Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Directive 2000/78/EC – Article 6(1) and (2) – Refusal to grant availability pay to civil servants who have . .
Cited – Saint Prix v Secretary of State for Work and Pensions ECJ 19-Jun-2014
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth . .

Cited by:

Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.559350

Olaitan Ajoke Alarape v Secretary Of State For The Home Department: ECJ 15 Jan 2013

ECJ Opinion – Free movement of persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on Article 12 of Regulation (EEC) No 1612/68

Judges:

Bot AG

Citations:

C-529/11, [2013] EUECJ C-529/11

Links:

Bailii

Statutes:

Directive 2004/38/EC 16, Regulation (EEC) No 1612/68 12

Jurisdiction:

European

Cited by:

Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 06 April 2022; Ref: scu.470208

Poland v Commission T-402/15: ECFI 1 Mar 2018

Economic, Social and Territorial Cohesion – Judgment – ERDF – Refusal to confirm a financial contribution to a major project – Article 41 (1) of Regulation (EC) No 1083/2006 – Assessment of the contribution of a major project to the achievement of the objectives of the operational program – Article 41 (2) of Regulation (EC) No 1083/2006 – Exceeding the deadline

Citations:

ECLI:EU:T:2018:107, [2018] EUECJ T-402/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606020

Mahnkopf and Mahnkopf: ECJ 1 Mar 2018

Area of Freedom, Security and Justice – Judgment Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 650/2012 – Succession and European Certificate of Succession – Scope – Ability to include the surviving spouse’s share in the European Certificate of Succession

Citations:

ECLI:EU:C:2018:138, [2018] EUECJ C-558/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606013

Poland v Commission T-316/15: ECFI 1 Mar 2018

Economic, Social and Territorial Cohesion – Judgment – ERDF – Refusal to confirm a financial contribution to a major project – Article 40 (1) (g) of Regulation (EC) No 1083/2006 – Justification for public participation – Article 41 (2) of Regulation No 1083 / 2006 – Exceeding the deadline

Citations:

ECLI: EU: T: 2018: 106, [2018] EUECJ T-316/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606019

Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

ECJ Jurisdiction In Civil and Commercial Matters – Judgment – Reference for a preliminary ruling – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Regulation (EU) No 1215/2012 – Article 7(1) – Concept of ‘matters relating to a contract’ – Contract for the provision of services – Connecting flight operated by different air carriers – Concept of ‘place of performance’ – Regulation (EC) No 261/2004 – Right of air passengers to compensation for denied boarding and for the long delay of a flight – Action for compensation brought against an operating air carrier not domiciled in the territory of a Member State or with which the passengers do not have contractual relations

Citations:

ECLI:EU:C:2018:160, [2018] EUECJ C-274/16, [2018] WLR(D) 150

Links:

Bailii, WLRD

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606008

Segro KfT v Vas Megyei Kormanyhivatal Sarvari Jarasi Foldhivatala: ECJ 6 Mar 2018

ECJ (Free Movement of Capital – Judgment) References for a preliminary ruling – Article 63 TFEU – Free movement of capital – Rights of usufruct over agricultural land – National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land

Citations:

ECLI:EU:C:2018:157, [2018] EUECJ C-52/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.606026

Commission v FIH Holding A/S and FIH Erhversbank A/S: ECJ 6 Mar 2018

(State Aid – Financial Crisis – Successive Bank Bail Outs – Judgment) Appeal – State aid – Definition of ‘aid’ – Definition of ‘economic advantage’ – Market economy operator principle – Conditions governing applicability and application – Financial crisis – Successive bank bail outs – Whether account to be taken, in the assessment of the second bail out, of the risks arising from commitments entered into by a Member State in the first bail out

Citations:

ECLI:EU:C:2018:159, [2018] EUECJ C-579/16P

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605997

Diallo v Etat belge: ECJ 7 Mar 2018

(Citizenship of The Union – Rights of Citizens of The Union To Move and Reside Freely – Opinion) Reference for a preliminary ruling – Rights of citizens of the Union to move and reside freely within the territory of a Member State – Application for a residence card as a family member – Directive 2004/38/EC – Article 10(1) – Six-month period – Adoption and notification of the decision – Consequences of non-compliance with the period – Interruption and suspension of the period

Citations:

ECLI:EU:C:2018:171, [2018] EUECJ C-246/17 – O

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605999

DW v Valsts socialas apdrosinasanas agentura: ECJ 7 Mar 2018

(Judgment) Reference for a preliminary ruling – Social security – Maternity benefit – Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months – Person employed, during that period, by an EU institution – National legislation fixing the amount at issue at 70% of the average contribution basis – Restriction on freedom of movement for workers – Principle of sincere cooperation

Citations:

ECLI:EU:C:2018:162, [2018] EUECJ C-651/16

Links:

Bailii

Jurisdiction:

European

Benefits

Updated: 05 April 2022; Ref: scu.606003

CMVRO v Autoritatea Nationala Sanitara Veterinara si pentru Siguranta Alimentelor: ECJ 1 Mar 2018

(Freedom of Establishment – Judgment) Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners – Freedom of establishment – Requirement that the share capital of establishments retailing veterinary medicinal products be held only by veterinary practitioners – Protection of public health – Proportionality

Citations:

ECLI:EU:C:2018:141, [2018] EUECJ C-297/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.605996