Category: European

Sheepworld v Euipo (Beste Freundin) T-421/16: ECFI 15 Sep 2017

Intellectual, Industrial and Commercial Property : Trade Marks : Judgment – ‘European trade mark – European trademark application Bale Oma – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009

Citations:

ECLI:EU:T:2017:615, [2017] EUECJ T-421/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595409

Skareby v EEAS: ECFI 15 Sep 2017

Staff Regulations of Officials and Conditions of Employment of Other Servants : Judgment – Civil service – Officials – Freedom of expression – Duty of loyalty – Serious prejudice to the legitimate interests of the Union – Refusal of permission to publish an article – Request that the text be amended – Article 17a of the Staff Regulations – Subject matter of the action – Decision rejecting the administrative complaint

Citations:

T-585/16, [2017] EUECJ T-585/16, ECLI:EU:T:2017:613

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595415

Lidl Stiftung v EUIPO – Primark Holdings (Love To Lounge): ECFI 15 Sep 2017

Intellectual, Industrial and Commercial Property – Trade Marks : Judgment – EU trade mark – Invalidity proceedings – EU word mark LOVE TO LOUNGE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Descriptiveness – Article 7(1)(c) of Regulation No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 – Examination of the facts by EUIPO of its own motion – Article 76 of Regulation No 207/2009

Citations:

ECLI:EU:T:2017:607, [2017] EUECJ T-305/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595403

TME v Commission: ECJ 7 May 2013

(Order) Appeal – Public service contracts – Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds – Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant – Refusal of the Commission to open an infringement or financial adjustment procedure against Romania
Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Unambiguous wording of the form of order sought by the applicant (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c) and (d)) (see paras 32, 33)

Citations:

C-418/12, [2013] EUECJ C-418/12P, ECLI:EU:C:2013:285

Links:

Bailii

Jurisdiction:

European

European

Updated: 30 March 2022; Ref: scu.595012

Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017

EQUAL PAY ACT – Article 141/European law
EQUAL PAY ACT – Equal value
EQUAL PAY ACT – Other establishments
1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for work of equal value. The Appeal Tribunal declines to make a reference to the Court of Justice of the European Union seeking a determination of this (or any) point.
2. Where there is a ‘single source’ of pay and conditions for both claimant and comparator, a comparison between them is permitted independently of whether unequal treatment arises from legislation or collective agreements and whether or not the employment is in the same establishment or service.
3. Where no comparator works at the establishment where the claimant is employed, comparison is permitted applying the North hypothetical test. The better view is that the North hypothetical test remains good law and has survived the replacement of section 1(6) of the Equal Pay Act 1970 by section 79 of the Equality Act 2010.
4. The Employment Judge did not err in law in deciding that the law is as stated above. He did not misapply the law. Nor were any of his findings of fact perverse. He reached conclusions that were open to him on the facts. There is no basis for interfering with his decision that the Claimants can compare themselves with their chosen comparators.

Judges:

Kerr J

Citations:

[2017] UKEAT 0011 – 17 – 3108

Links:

Bailii

Statutes:

Equality Act 2010

Jurisdiction:

England and Wales

Employment, European, Discrimination

Updated: 30 March 2022; Ref: scu.595003

Novartis v OHMI – Dr Organic (Biocert): ECFI 10 Dec 2014

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for the Community word mark BIOCERT – Earlier national word mark BIOCEF – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Judges:

G. Berardis, President, O. Czucz (Rapporteur) and A. Popescu, Judges,

Citations:

T-605/11, [2014] EUECJ T-605/11, ECLI:EU:T:2014:1050

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property

Updated: 29 March 2022; Ref: scu.539911

Criminal proceedings against Silvio Berlusconi and Others: ECJ 3 May 2005

ECJ References for a preliminary ruling: Tribunale di Milano (C-387/02 and C-403/02) and Corte d’appello di Lecce (C-391/02) – Italy. Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual accounts – Principle of a true and fair view – Penalties provided for in cases of false information on companies (false accounting) – Article 6 of First Directive 68/151 – Requirement that penalties for breaches of Community law be appropriate.

Citations:

C-387/02

Jurisdiction:

European

European, Company

Updated: 29 March 2022; Ref: scu.225054

Berlusconi (Law Relating To Undertakings) 2: ECJ 3 May 2005

Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual accounts – Principle of a true and fair view – Penalties provided for in cases of false information on companies (false accounting) – Article 6 of First Directive 68/151 – Requirement that penalties for breaches of Community law be appropriate.

Citations:

C-391/02, [2005] EUECJ C-391/02

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Berlusconi (Law Relating To Undertakings) 3 ECJ 3-May-2005
Europa Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, . .
Cited – Docherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Lists of cited by and citing cases may be incomplete.

European, Company

Updated: 29 March 2022; Ref: scu.224804

Berlusconi (Law Relating To Undertakings) 3: ECJ 3 May 2005

Europa Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual accounts – Principle of a true and fair view – Penalties provided for in cases of false information on companies (false accounting) – Article 6 of First Directive 68/151 – Requirement that penalties for breaches of Community law be appropriate.

Citations:

C-403/02, [2005] EUECJ C-403/02

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Berlusconi (Law Relating To Undertakings) 2 ECJ 3-May-2005
Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First . .
Lists of cited by and citing cases may be incomplete.

European, Company

Updated: 29 March 2022; Ref: scu.224805

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 – Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims 2011

Judges:

McCloud LJ

Citations:

[2017] EWHC 1946 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, European, Employment, Immigration

Updated: 28 March 2022; Ref: scu.592017

Toridas UAB v Latvia: ECJ 26 Jul 2017

ECJ Judgment – Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112 / EC – Article 138 (1) – Qualification of a transaction as an intra-Community supply – Exemption for intra-Community supplies of goods – Purchaser to resell the goods purchased from a taxable person in another Member State before they leave the territory of the first Member State – Possible impact of the conversion of part of the goods before their shipment

Citations:

C-386/16, [2017] EUECJ C-386/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 28 March 2022; Ref: scu.591345

Sacko v Commissione Territoriale per il riconoscimento della protezione internazionale di Milano: ECJ 26 Jul 2017

(Judgment) Reference for a preliminary ruling – Asylum policy – Directive 2013/32 / EU – Articles 12, 14, 31 and 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – Rejection of an application for international protection – Possibility for the court to adjudicate without hearing the applicant

Citations:

C-348/16, [2017] EUECJ C-348/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 28 March 2022; Ref: scu.591342

Superfoz – Supermercados Lda v Fazenda Publica: ECJ 26 Jul 2017

(Judgment) Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 882/2004 – Official checks on feedingstuffs and foodstuffs – Financing of official controls – Articles 26 and 27 – General taxation – Royalties or taxes Food trade

Citations:

ECLI:EU:C:2017:601, [2017] EUECJ C-519/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 28 March 2022; Ref: scu.591344

Congregacion De Escuelas Pias Provincia Betania: ECJ 27 Jun 2017

(Judgment) Reference for a preliminary ruling – State aid – Article 107 (1) TFEU – Concept of’ State aid ‘- Concepts of’ undertaking ‘and’ economic activity ‘- Other conditions for the application of Article 107 (1) TFEU – Article 108 (1) and (3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Agreement of 3 January 1979 between the Kingdom of Spain and the Holy See – Tax on buildings, installations and works – Exemption for the benefit of the buildings of the Catholic Church

Citations:

C-74/16, [2017] EUECJ C-74/16, ECLI: EU: C: 2017: 496

Links:

Bailii

Jurisdiction:

European

European, Taxes – Other

Updated: 28 March 2022; Ref: scu.588261

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).

Judges:

Newey J

Citations:

[2013] UKUT 223 (TCC)

Links:

Bailii

Statutes:

Council Regulation (EEC) No 2913/92 29(3)

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
Cited – 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:

At UTTC – 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: 27 March 2022; Ref: scu.510297