Category: European

Stody Estate Ltd v Secretary of State for Environment, Food and Rural Affairs: Admn 6 Mar 2018

The claimant farming company appealed against reduction of its claim for payment under the single farm scheme after an employee had been convicted of an offence under the 1981 Act.
Held: The claim succeeded. The ability to reduce the payment arose only where the act of non-compliance was ‘directly attributable’ to the person applying for the payment.

Judges:

May DBE J

Citations:

[2018] EWHC 378 (Admin), [2018] WLR(D) 148

Links:

Bailii, WLRD

Statutes:

Wildlife Conservation Act 1981 1

Jurisdiction:

England and Wales

Agriculture, European

Updated: 05 April 2022; Ref: scu.605889

X v Staatssecretaris Van Financien: ECJ 21 Dec 2011

Opinion – Freedom to provide services – Obligation on the resident recipient of a service to withhold tax at source from remuneration if the service provider is resident in another Member State – Discrimination – Restriction – Grounds of justification – Effective collection and recovery of tax – Directive 76/308

Judges:

Kokott AG

Citations:

[2011] EUECJ C-498/10

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – X v Staatssecretaris Van Financien ECJ 18-Oct-2012
Freedom to provide services – Restrictions – Fiscal legislation – Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, European

Updated: 05 April 2022; Ref: scu.605771

Musso v Parliament: ECFI 25 Feb 2016

(Judgment) Financial system of Members of the Parliament – Seniority pension – Obligation of French Members to claim their pension rights from national schemes – Rule against overlapping – Measures implementing the Statute for Members – Decision adopted at the end of the procedure of complaint – Debit note – Decision suspending the payment of the pension – Principle of adversarial proceedings – Reasonable time – Obligation to state reasons

Citations:

T-589/14, [2016] EUECJ T-589/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 05 April 2022; Ref: scu.560487

France v Commission – T-518/15: ECFI 1 Feb 2018

(Judgment) EAGF and EAFRD – Expenditure excluded from financing – French Rural Development Program – Support measures for rural development – Areas of natural handicaps – Fixed financial correction – Expenditure made by France – On-the-spot checks – Loading criteria – Counting animals – Increase of the flat-rate correction rate due to the recurrence of the breach – Procedural safeguards

Citations:

ECLI:EU:T:2018:54, [2018] EUECJ T-518/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604722

Larko Geniki Metalleftiki kai Metallourgiki AE v Commission: ECFI 1 Feb 2018

Judgment – Action for annulment – State aid – Sale of certain assets operated by or owned by an undertaking as part of a privatization program – Lack of economic continuity – Recourse by the recipient of the aid – Lack of interest in bringing proceedings – Inadmissibility

Citations:

ECLI:EU:T:2018:55, [2018] EUECJ T-412/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604727

Larko v Commission: ECFI 1 Feb 2018

Judgment – State aid – Aid granted by Greece – Decision declaring the aid incompatible with the internal market – Concept of State aid – Advantage – Criterion of the private investor – Amount of aid to be recovered – Communication from the Commission on State aid in the form of guarantees

Citations:

ECLI:EU:T:2018:57, [2018] EUECJ T-423/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604728

Greece v Commission – T-506/15: ECFI 1 Feb 2018

(Judgment) EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Greece – Flat-rate financial corrections – Area aid scheme – Concept of permanent pasture – Conditions for imposition of a flat-rate correction of 25% – Communication provided for in Article 11 (1) of Regulation (EC) No 885/2006 – Article 31 (2) of Regulation (EC) No 1122/2009 – Conditionality – Control of regulatory management requirements – Control of good agricultural conditions and remedies – Duty to state reasons – Deduction of a correction annulled by a judgment of the General Court

Citations:

ECLI: EU: T: 2018: 53, [2018] EUECJ T-506/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604723

Edeka-Handelsgesellschaft Hessenring v Commission: ECFI 5 Feb 2018

Provisions Governing The Institutions – Judgment – Access to documents – Regulation (EC) No 1049/2001 – Table of contents of the Commission file relating to a proceeding under Article 101 TFEU – Refusal of access – Obligation to state reasons – Obligation to inform remedies – Exception relating to the protection of the objectives of investigative activities – General presumption of confidentiality

Citations:

ECLI:EU:T:2018:63, [2016] EUECJ T-611/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604720

European Dynamics Luxembourg and Others v ECHA: ECFI 1 Feb 2018

Public Supply Contracts – Tender Procedure : Judgment – Public supply contracts – Tender procedure – Provisions of information technology (IT) services for the applications of the ECHA – Rejection of an offer by a tenderer – Award criteria – Obligation to state reasons – Manifest errors of assessment – Non-contractual liability

Citations:

ECLI:EU:T:2018:52, [2018] EUECJ T-477/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 04 April 2022; Ref: scu.604721

Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access was not restricted solely to fighting serious crime, or where access was not subject to prior review by a court or an independent administrative authority.

Judges:

SirGeoffrey Vos Ch, Patten, Lloyd Jones LJJ

Citations:

[2018] EWCA Civ 70

Links:

Bailii

Statutes:

Data Retention and Investigatory Powers Act 2014

Jurisdiction:

England and Wales

Citing:

Reference – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Cited – Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc ECJ 8-Apr-2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed . .
At ECJ – Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department ECJ 21-Dec-2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 . .
Lists of cited by and citing cases may be incomplete.

Information, European

Updated: 04 April 2022; Ref: scu.604151

Aher-Waggon v Bundesrepublik Deutschland: ECJ 14 Jul 1998

ECJ (Judgment) Measures having equivalent effect – Directives on noise emissions from aircraft – Stricter domestic limits – Barrier to the importation of an aircraft – Environmental protection

Citations:

C-389/96, [1998] EUECJ C-389/96

Links:

Bailii

Jurisdiction:

European

Transport, Environment

Updated: 04 April 2022; Ref: scu.161998

FKI Engineering Ltd and Another v Stribog Ltd: ComC 21 May 2010

The defendant sought a stay under the Regulation, saying that the matter was already being litigated in Germany.

Judges:

Burton J

Citations:

[2010] EWHC 1160 (Comm)

Links:

Bailii

Statutes:

Council Regulation (EC) No 44/200

Jurisdiction:

England and Wales

Cited by:

Appeal from – Stribog Ltd v FKI Engineering Ltd CA 25-May-2011
The defendants sought a stay of the proceedings on the ground that there were related actions already in existence in Germany.
Held: Rix LJ said:
As to article 27, Rix LJ said: ‘where the ‘same cause of action’ or the ‘same parties’ are . .
Lists of cited by and citing cases may be incomplete.

European, Jurisdiction

Updated: 04 April 2022; Ref: scu.415981

Peter Pammer v Reederei Karl Schluter GmbH and Co KG etc: ECJ 7 Dec 2010

ECJ (Grand Chamber) Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 15(1)(c) and (3) – Jurisdiction over consumer contracts – Contract for a voyage by freighter – Concept of ‘package travel’ – Contract for a hotel stay – Presentation of the voyage and the hotel on a website – Concept of activity ‘directed to’ the Member State of the consumer’s domicile – Criteria – Accessibility of the website
The ECJ established the following principles: i) The trader must have manifested its intention to establish commercial relations with consumers from one or more other member states including that of the consumer’s domicile. Specifically, in the case of a contract between a trader and a given consumer, it must be determined (by reference to the trader’s websites and overall activity), whether before any contract with that consumer was concluded, there was evidence demonstrating that the trader was envisaging doing business with consumers in other member states, including the member state of that consumer’s domicile, in the sense that it was minded to conclude a contract with those consumers;
ii) While the dissemination of traditional forms of advertising in other member states, such as by the press, radio, television or other medium, may of itself demonstrate an intention of the trader to direct its activities towards those states, the mere establishment of a website which is accessible in other member states will not of itself do so since use of the internet may automatically give worldwide reach without any intention on the part of the trader to target consumers outside of the state in which it is established.
iii) When considering advertising (whether by the use of the internet or by other media which may reach across borders without any necessary intention to target consumers in other member states) the Court should look for ‘clear expressions of the intention to solicit the custom of that state’s consumers’. Such clear expressions include mention that it is offering its services or its goods in one or more member states designated by name or mention of an international clientele composed of customers domiciled in various states; however, a finding that an activity is ‘directed to’ other member states does not depend solely on the existence of such patent evidence.

Judges:

V Skouris, P

Citations:

[2010] EUECJ C-144/09, [2012] Bus LR 972, [2012] All ER (EC) 34, [2011] 2 All ER (Comm) 888, [2010] ECR I-12527

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001 15(1)

Jurisdiction:

European

Citing:

Opinion – Peter Pammer v Reederei Karl Schluter GmbH and Co KG etc ECJ 18-May-2010
ECJ (Opinion) Regulation No 44/2001 – Article 15, paragraph 1 (c) and 3 – Jurisdiction over consumer contracts – Management of a business to a Member State where the consumer’s home – Accessibility of website – . .

Cited by:

Applied. – Oak Leaf Conservatories Ltd v Weir and Another TCC 24-Oct-2013
The claimant conservatory installers claimed wrongful repudiation of the contract by the defendant householders. The defendants, living in Ayrshire, said that the English courts had no jurisdiction over the contract.
Held: The court gave its . .
Cited – Soleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.

European, Jurisdiction, Consumer

Updated: 03 April 2022; Ref: scu.517366

Rich v Societa Italiana Impianti (Rec 1991,p I-3855) (Judgment): ECJ 25 Jul 1991

Convention on Jurisdiction and Enforcement of Judgments – Scope – Matters excluded – Arbitration – Meaning – Application to a court for the appointment of an arbitrator – Included – Need to settle a preliminary question concerning the existence or validity of the arbitration clause – No effect
(Convention of 27 September 1968, Article 1(4))
By excluding arbitration from the scope of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, by virtue of Article 1(4) thereof, on the ground that it was already covered by international conventions, the Contracting Parties intended to exclude arbitration in its entirety, including proceedings brought before national courts.
Consequently, the abovementioned provision must be interpreted as meaning that the exclusion provided for therein extends to litigation pending before a national court concerning the appointment of an arbitrator, even if the existence or validity of an arbitration agreement is a preliminary issue in that litigation.

Citations:

C-190/89, [1991] EUECJ C-190/89, [1991] ECR I-3855

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Soleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 03 April 2022; Ref: scu.160288

Goldman Sachs International v Novo Banco SA: SC 4 Jul 2018

A banking facility was provided under a contract applying English law and jurisdiction. The parties now disputed whether on an assignment the dispute was to be resolved under Portuguese law.
Held: Recognition in the United Kingdom of measures by a foreign Resolution Authority in accordance with its own national legislation implementing the EBRRD. Any pan-European scheme for dealing with the systemic risks of bank failures must depend for its efficacy on the widest possible recognition of a home state’s measures in other jurisdictions where banks in the course of reorganisation may have interests or assets or under whose laws it may have contracted.
Lord Sumption said: ‘I reject the proposition, which was fundamental to both the Judge’s analysis and the appellants’ case, that the effect of the August decision can be recognised without regard to the December decision. On the face of it, the December decision was not an interpretation of the August decision or an amendment of it, retrospective or otherwise. Nor was it a retransfer of a liability previously transferred to Novo Banco. It was a ruling that under the terms of article 145-H(2) of the Banking Law and paragraph (b)(i)(a) of Annexe 2 of the August decision, the Oak liability had never been transferred. But, like the courts below, I do not think that it matters what the correct analysis of the December decision is, provided that it is accepted (as it is) that as a matter of Portuguese law it is conclusive of that point unless and until annulled by a Portuguese administrative court. It follows from the agreed propositions of Portuguese law and from the requirement of article 3.2 of the Reorganisation Directive that an English court must treat the Oak liability as never having been transferred to Novo Banco. It was therefore never party to the jurisdiction clause.’
and, as to the ‘better of the argument test’: ‘What is meant is (i) that the claimant must supply a plausible evidential basis for the application of a relevant jurisdictional gateway; (ii) that if there is an issue of fact about it, or some other reason for doubting whether it applies, the court must take a view on the material available if it can reliably do so; but (iii) the nature of the issue and the limitations of the material available at the interlocutory stage may be such that no reliable assessment can be made, in which case there is a good arguable case for the application of the gateway if there is a plausible (albeit contested) evidential basis for it.’

Judges:

Lord Sumption, Lord Hodge, Lady Black, Lord Lloyd-Jones JJSC, Lord Mance

Citations:

[2018] UKSC 34, [2018] WLR(D) 440, [2018] 2 BCLC 141, [2018] 1 WLR 3683

Links:

Bailii, WLRD, Bailii Summary

Statutes:

Parliament and Council Directive 2001/24/EC, Parliament and Council Directive 2014/59/EU

Jurisdiction:

England and Wales

Citing:

Cited – Estasis Salotti Di Colzani Aimo Et Gianmario Colzani v Ruewa Polstereimaschinen Gmbh ECJ 14-Dec-1976
ECJ The way in which article 17 of the Convention of 27 September 1968 is to be applied must be interpreted in the light of the effect of the conferment of jurisdiction by consent, which is to exclude both the . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
At ComC – Goldman Sachs International v Novo Banco Sa ComC 7-Aug-2015
. .
Appeal from – Guardians of New Zealand Superannuation Fund and Others v Novo Banco, Sa CA 4-Nov-2016
. .
Cited – National Bank of Greece and Athens v Metliss HL 1957
The National Bank of Greece had been created under the law of Greece. By a Greek decree, the bank was dissolved and, by the same decree, amalgamated with another bank into a new banking corporation under the name of ‘National Bank of Greece and . .
Cited – LBI HF v Kepler Capital Markets SA ECJ 24-Oct-2013
ECJ Request for a preliminary ruling – Reorganisation and winding-up of credit institutions – Directive 2001/24/EC – Articles 3, 9 and 32 – National legislative act conferring on reorganisation measures the . .
Cited – Kotnik And Others v Drzavni Zbor Republike Slovenije ECJ 19-Jul-2016
ECJ (Judgment) Reference for a preliminary ruling – Validity and interpretation of the Banking Communication from the Commission – Interpretation of Directives 2001/24/EC and 2012/30/EU – State aid to banks in . .

Cited by:

Cited – Soleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.

Banking, European, Jurisdiction

Updated: 03 April 2022; Ref: scu.619945