Category: European

Commission v Italy (Appeal – State Aid – Italian Republic To Milk Producers : Judgment): ECJ 25 Oct 2017

Appeal – State aid – Aid granted by the Italian Republic to milk producers – Aid scheme linked to the reimbursement of the milk levy – Conditional decision – Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU – Regulation (EC) No 659/1999 – Article 1(b) and (c) – Existing aid – New aid – Definitions – Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market

Citations:

ECLI:EU:C:2017:799, C-467/15, [2017] EUECJ C-467/15

Links:

Bailii

Jurisdiction:

European

European, Agriculture

Updated: 01 April 2022; Ref: scu.598850

Kamki v The Secretary of State for The Home Department: CA 31 Oct 2017

Immigration case concerning the proposed deportation of the appellant, who has a right of permanent residence in the UK.

Judges:

Sals, Newey LJJ

Citations:

[2017] EWCA Civ 1715

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006

Jurisdiction:

England and Wales

European, Immigration

Updated: 01 April 2022; Ref: scu.598465

Regina v Searby and Another: CACD 7 Jul 2003

The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations.
Held: The Regulations, which sought to control the use of parallel imports of pesticides, did appear to implement the regulation more tightly. The definition of what was materially identical to an approved pesticide created unnecessarily restrictions on approvals. The Directive was of direct effect. Boddington did not apply, but the importance of the case to the defendant was not properly a Boddington condition of challenging the legislation.

Judges:

Buxton LJ, Gibbs, Paget QC JJ

Citations:

Times 29-Aug-2003

Statutes:

Council Directive 91/414/EEC, Control of Pesticides Regulations 1986 (1986 No 1510), Food and Environment Protection Act 1985 16(12)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.

Crime, Environment, European

Updated: 01 April 2022; Ref: scu.185806

Anagnostakis v Commission: ECJ 12 Sep 2017

Institutional Law – Citizens’ Initiative – Writing Off of Public Debt : Judgment – Appeal – Institutional law – Citizens’ initiative inviting the European Commission to submit a legislative proposal relating to the writing off of public debt for Member States in a state of necessity – Application for registration – Refusal by the Commission – Manifest lack of powers of the Commission – Regulation (EU) No 211/2011 – Article 4(2)(b) – Obligation to state reasons – Article 122 TFEU – Article 136 TFEU – Infringement

Citations:

ECLI:EU:C:2017:663, C-589/15, [2017] EUECJ C-589/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 31 March 2022; Ref: scu.594622

Commission v Artegodan and others: ECJ 24 Jul 2003

Citations:

C-39/03

Jurisdiction:

European

Citing:

See Also – Artegodan v Commission ECFI 28-Jun-2000
. .
See Also – Artegodan v Commission ECFI 5-Sep-2001
. .
See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003
. .

Cited by:

See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003
. .
See Also – Artegodan v Commission ECFI 26-Nov-2002
ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, . .
See Also – Commission v Artegodan ECJ 14-Feb-2002
. .
See Also – Artegodan v Commission ECFI 5-Sep-2001
. .
See Also – Artegodan v Commission ECFI 28-Jun-2000
. .
Lists of cited by and citing cases may be incomplete.

European

Updated: 31 March 2022; Ref: scu.185291

Gahan v Emirates: CA 12 Oct 2017

The court was asked whether the right to compensation against a non-Community carrier is available at all under Regulation 261, if the flight is to a destination outside the EU, and whether the right to compensation can take account of delay on a connecting flight starting or ending outside the EU.

Judges:

Arden Lewison, McCombe LJJ

Citations:

[2017] EWCA Civ 1530

Links:

Bailii

Statutes:

Regulation (EC) No 261/2004 261

Jurisdiction:

England and Wales

European, Transport, Consumer

Updated: 30 March 2022; Ref: scu.596088

Puskar v Financne riaditelstvo Slovenskej republiky: ECJ 27 Sep 2017

(Judgment) Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46 / EC – Articles 1, 7 and 13 – Processing of personal data – Article 4 (3) Establishment of a list of personal data – Purpose – Collection of tax – Fight against tax evasion – Judicial review – Protection of fundamental rights and freedoms – Subordination of a judicial remedy to a requirement of prior administrative complaint – Admissibility of that list as evidence – Conditions for the lawfulness of processing personal data – Performance of a task of public interest of the controller

Citations:

ECLI:EU:C:2017:725, [2017] EUECJ C-73/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595440