Category: European

Spain v Commission – T-143/15: ECFI 20 Jul 2017

ECJ (Judgment) EAGF and EAFRD – Expenditure excluded from financing – Expenditure by Spain – Decoupled direct aids for 2008 and 2009 application years – Failures in the control system – Determination of control samples – Burden of proof – Development aid Rural development in the Autonomous Community of Castile and Leon for the years 2009 and 2010 – On-the-spot checks – Key controls – Proportionality

Citations:

ECLI: EU: T: 2017 534, [2017] EUECJ T-143/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590521

Parliament v Meyrl: ECFI 19 Jul 2017

ECJ (Judgment) Appeal – Civil service – Temporary agents – First-time annulment of the contested decision – Dismissal – Right to a fair hearing – Principle of good administration – Duty to have regard for the welfare – Manifest error of assessment – Misuse of powers

Citations:

ECLI:EU:T:2017:524, [2017] EUECJ T-699/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590514

EDF Torun v ECHA: ECFI 18 Jul 2017

(Judgment) REACH – Due duty for registration of a substance – Reduction granted to SMEs – Error in size statement – Decision imposing administrative law – Recommendation 2003/361 / EC – Legitimate expectation – Proportionality – Criteria for calculating the amount of administrative law

Citations:

ECLI:EU:T:2017:519, [2017] EUECJ T-758/15

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590486

Freddo v EUIPO – Freddo Freddo (Freggo): ECFI 18 Jul 2017

ECJ (Eu Trade Mark – Opposition Proceedings : Judgment) EU trade mark – Opposition proceedings – Application for registration of the figurative EU trade mark ‘freggo’ – Earlier EU figurative trade mark ‘TENTAZIONE FREDDO FREDDO’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Citations:

ECLI:EU:T:2017:522, [2017] EUECJ T-243/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590492

Barnett and Mogensen v Commission: ECFI 20 Jul 2017

ECJ (Judgment) Appeal – Cross-appeal – Civil service – Officials – Pensions – Adjustment of weightings – Interim updating – Act adversely affecting an official – Admissibility of cross-appeal – Article 65 (4) of the Staff Regulations – Update for 2014 – Sensitivity The evolution of the cost of living

Citations:

ECLI: EU: T: 2017: 539, [2017] EUECJ T-148/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590467

Combaro v Commission: ECFI 19 Jul 2017

ECJ (Judgment) Customs Union – Association Agreement between the European Community and the Republic of Latvia – Article 239 of Regulation (EEC) No 2913/92 – Refund and remission of import duties – Import of linen fabric from Latvia – Clause Of fairness – Special situation – Maneuver or manifest negligence – Commission decision declaring the remission of import duties unjustified

Citations:

ECLI:EU:T:2017:529, [2017] EUECJ T-752/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590476

Chanel v EUIPO – Jing Zhou (Ornement): ECFI 18 Jul 2017

(Judgment) Community design – Invalidity proceedings – Registered Community design representing an ornament – Previous design – Reason for invalidity – Lack of individual character – Product at issue – Degree of freedom of creator – Lack of different overall impression – Article 6 and Article 25 (1) (b) of Regulation (EC) No 6/2002

Citations:

ECLI:EU:T:2017:517, [2017] EUECJ T-57/16

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590475

ADR Center v Commission: ECFI 20 Jul 2017

ECJ (Financial Aid – General Programme ‘Fundamental Rights and Justice’ – Action for Annulment : Judgment) Financial aid – General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 – Specific Programme ‘Civil Justice’ – Action for annulment – Enforceable decision – Article 299 TFEU – Powers of the author of the act – Principle of sound administration – Application for an order directing the Commission to pay the balance due under the grant agreements – Partial reclassification of the action – Arbitration clause – Jurisdiction of the General Court – Eligible costs

Citations:

T-644/14, [2017] EUECJ T-644/14, ECLI:EU:T:2017:533

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.590457

Sky Plc and Others v Skykick Uk Ltd and Another: ChD 13 Jul 2017

Request for reference to the ECJ of trade mark law question – whether Article 1(13) of Regulation (EU) 2015/2424 of the European Parliament and the Council of 16th December 2015 is contrary to fundamental EU Rights and is therefore invalid.
Held: Refused

Judges:

Birss J

Citations:

[2017] EWHC 1769 (Ch)

Links:

Bailii

Statutes:

Regulation (EU) 2015/2424 1(13)

Jurisdiction:

England and Wales

Intellectual Property, European

Updated: 27 March 2022; Ref: scu.589962

Florescu and Others: ECJ 13 Jun 2017

ECJ (Judgment) Reference for a preliminary ruling – Article 143 TFEU – Difficulties in the balance of payments of a Member State – Financial assistance from the European Union – Memorandum of understanding between the European Union and the beneficiary Member State – Social policy – Principle of Equality of treatment – National legislation prohibiting the accumulation of a public retirement pension with earnings derived from the pursuit of activities with a public institution – Differential treatment between persons whose term of office is provided for by The Constitution and career magistrates

Citations:

ECLI:EU:C:2017:448, [2017] EUECJ C-258/14

Links:

Bailii

Jurisdiction:

European

European

Updated: 27 March 2022; Ref: scu.588268

Commission v Scott: ECJ 2 Sep 2010

Judgment – Appeal – State aid – Preferential price for the purchase of developed land – Inquiry as to market value – Formal investigation procedure – Regulation (EC) No 659/1999 – Obligation to undertake a diligent and impartial examination – Scope of the Commission’s power freely to assess value – Costs method – Scope of review by the Courts

Citations:

[2010] EUECJ C-290/07

Links:

Bailii

Jurisdiction:

European

Citing:

Opnion – Commission v Scott ECJ 23-Feb-2010
ECJ Order – Appeals – State aid Aid granted by the French authorities to Scott Paper – Land at a preferential price and application of the water treatment levy at a preferential rate for the purposes of the . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 27 March 2022; Ref: scu.588736

Secretary of State for Health and Others v Servier Laboratories Ltd and Others: SC 6 Nov 2020

Res judicata erga omnes considered

The Court was asked as to the extent to which a finding of fact by the ECJ was binding on a Court in the UK when the parties might not be those before the ECJ.

Judges:

Lord Reed, President, Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Hamblen

Citations:

[2020] UKSC 44

Links:

Bailii, Bailii Press Summary, Bailii Issues and Facts

Jurisdiction:

England and Wales

European

Updated: 26 March 2022; Ref: scu.655462