Category: European

Totel Ltd v Revenue and Customs: CA 20 Dec 2016

Claim that the UK’s VAT prepayments rule infringes European law.

Arden, Irwin, Henderson LJJ
[2016] EWCA Civ 1310, [2016] WLR(D) 689, [2017] BVC 3, [2017] STC 540, [2017] 1 WLR 2313
Bailii, WLRD
England and Wales
Cited by:
At CA – Totel Ltd v Revenue and Customs SC 26-Jul-2018
The taxpayer challenged the ‘pay first’ rule under VAT which required them, before challenging a VAT assessment, first to deposit the VAT said to be due under the assessment.
Held: The appeal failed. There had not been shown any true . .

Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 27 January 2022; Ref: scu.572744

Lauzikas v The Secretary of State for The Home Department: Admn 16 Dec 2016

The claimant, an EU citizen, challenged the Home Secretary’s service upon him of a notice preventing him from working in the United Kingdom while he was on bail awaiting the resolution of an earlier claim for judicial review and determination of his appeal against a decision by the Home Secretary to deport him.
Held: The claim for judicial review was refused.

Thirlwall DBE J
[2016] EWHC 3215 (Admin), [2016] WLR(D) 681
Bailii, WLRD
England and Wales

Immigration, European

Updated: 27 January 2022; Ref: scu.572719

Vervloet and Others v Ministerraad: ECJ 21 Dec 2016

Judgment – Reference for a preliminary ruling – State aid – Aid implemented by the Kingdom of Belgium in favor of the financial cooperative societies of the ARCO group – Deposit insurance schemes – Directive 94/19 / EC – Scope of application – Guarantee scheme protecting The shareholdings of associates, natural persons, of cooperative companies active in the financial sector – Excluded – Articles 107 and 108 TFEU – Commission decision declaring aid incompatible with the internal market

C-76/15, [2016] EUECJ C-76/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572621

Vieira De Azevedo and Others: ECJ 15 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability – Directive 2000/26/EC – Article 4(5) – Insurance undertaking – Claims representative – Sufficient powers of representation – Notifications of proceedings before the courts

ECLI:EU:C:2016:957, [2016] EUECJ C-558/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572622

Ucar and Kilic v Land Berlin: ECJ 21 Dec 2016

Judgment – Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 7, first paragraph – Right of residence of members of the family of a Turkish worker belonging to the regular employment market of a Member State Member – Conditions – Absence of necessity for the Turkish worker to belong to the regular employment market during the first three years of the family member’s stay

C-508/15, [2016] EUECJ C-508/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572620

TDC A/S v Teleklagenaevnet, Erhvervs-og Vaekstministeriet: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22 / EC – Universal service – Articles 12 and 13 – Calculation of the cost of universal service obligations – Article 32 – Compensation of costs relating to compulsory additional services – Direct effect – Article 107 (1) and Article 108 (3) TFEU – Maritime safety and emergency services in Denmark and Greenland – National legislation – Submission of an application for compensation for the costs of additional mandatory services – Three months – Principles of equivalence and effectiveness

C-327/15, [2016] EUECJ C-327/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572616

Depesme and Kerrou v Ministre de l’Enseignement superieur et de la Recherche: ECJ 15 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement of persons – Worker’s rights – Equal treatment – Social advantages – Financial aid for the pursuit of higher education studies – Requirement of a parent-child relationship – Concept of ‘child’ – Child of a spouse or registered partner – Contribution towards the maintenance of that child

ECLI:EU:C:2016:955, [2016] EUECJ C-401/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572578

Hungary v Commission – C-644/15: ECJ 15 Dec 2016

ECJ Judgment – Appeal – Regulation (EC) No 1234/2007 – Common organization of the markets in the agricultural sector – Fruit and vegetables sector – Article 103e – National financial aid to producer organizations in the fruit and vegetables sector – EC) No 1580/2007 – Article 97 – Commission Decision on the reimbursement by the European Union of national financial aid granted by Hungary to producer organizations

ECLI:EU:C:2016:956, [2016] EUECJ C-644/15
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572585

Council v Belgium, Front Polisario and Others: ECJ 21 Dec 2016

ECJ Judgment – Appeal – External relations – Agreement between the European Union and the Kingdom of Morocco concerning liberalization measures in agriculture and fisheries – Decision approving the conclusion of an international agreement – Action for annulment – Admissibility – Quality for Act – Territorial application of the Agreement – Interpretation of the Agreement – Principle of self-determination – Principle of the relative effect of the treatie

C-104/16, [2016] EUECJ C-104/16
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572576

Magiera v Magiera: CA 15 Dec 2016

The defendant H appealed against a refusal of a stay of the action under the 1996 Act on the basis of Brussels I.
Held: The appeal failed. Article 22 was to be narrowly construed, and it should be no wider than is needed to satisfy the objective of the provisions. However, the costs order had been made beyond the court’s powers insofar as it amounted to a chrging order and was varied as required.

Black, Sales, Irwin LJJ
[2016] EWCA Civ 1292, [2017] BPIR 472, 20 ITELR 47, [2017] 3 WLR 41, [2017] WTLR 245, [2016] WLR(D) 677, [2017] Fam 327
Bailii, FLW, WLRD
Trusts of Land and Appointment of Trustees Act 1996, Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters
England and Wales

Jurisdiction, European, Trusts

Updated: 27 January 2022; Ref: scu.572417

Petraitis v Commission: ECJ 24 Nov 2016

ECJ (Order) Appeal – Article 181 of the Procedural Rules of Court – failure to act – Lack of commitment by the European Commission infringement proceedings against a Member State – Request for injunctions against the Commission – manifest inadmissibility

ECLI:EU:C:2016:904, [2016] EUECJ C-137/16 – CO
Bailii
European

European

Updated: 27 January 2022; Ref: scu.572314

U v W (Attorney-General Intervening): FD 4 Mar 1997

The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of ‘treatment together’ and if the respondent had believed at all material times that the treatment which was being provided in which his sperm alone was to be used, the treatment of the applicant with donor sperm would not have amounted to services provided for them together. The test is not whether the man consented either to be deemed in law to be the father of the prospective child or to become legally responsible for him. The subsection concentrates on what would be expected of unmarried couples in a stable relationship who are seeking to bring a child into being jointly as their child. The test which it adopts is whether the relevant treatment services were provided for the woman and the man together. ‘In my view what has to be demonstrated is that, in the provision of treatment services with donor sperm, the doctor was responding to a request for that form of treatment made by the woman and the man as a couple, notwithstanding the absence in the man of any physical role in such treatment.’

Wilson J
Gazette 19-Mar-1997, Times 04-Mar-1997, [1998] Fam 29, [1997] 2 FLR 282
Human Fertilisation and Embryology Act 1990 28(3), Children Act 1989
England and Wales
Cited by:
Cited – In re R (Parental responsibility: IVF baby) CA 19-Feb-2003
The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of . .
Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
Cited – In Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity.
Held: The father’s appeal failed. The Act made statutory provision . .

Lists of cited by and citing cases may be incomplete.

Health, Health Professions, European

Updated: 27 January 2022; Ref: scu.90038

Re Portman Insurance Plc: ChD 23 Nov 2016

Part 8 claim form for certification under Article 25(2) of Council Regulation (EC) No 2157/2001 on the Statute for a European Company (SE) (‘the SE Regulation’), which came into effect on 8 October 2001, conclusively attesting to the completion of pre-merger acts and formalities.

Jones Reg
[2016] EWHC 2994 (Ch)
Bailii
England and Wales

Company, European

Updated: 26 January 2022; Ref: scu.571986

Gallardo Blanco v EUIPO – Expasa Agricultura Y Ganaderia (Representation DUn Mors De Cheval En Forme De H): ECFI 9 Nov 2016

Mark of the European Union – Opposition proceedings – Application for figurative mark of the European Union constituted by the representation of a bite of horse in an’ H ‘- Marks the European Union and Spanish figurative previous – Relative ground for refusal – effective use of the earlier marks – Article 42, paragraph 2 of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8, paragraph 1, letter b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:649, [2016] EUECJ T-716/15
Bailii
European

European

Updated: 25 January 2022; Ref: scu.571275

Ognyanov: ECJ 8 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/909/JHA – Article 17 – Law governing the enforcement of a sentence – Interpretation of a national rule of the executing State providing for reduction of a custodial sentence on account of work carried out by the sentenced person while detained in the issuing State – Legal effects of framework decisions – Obligation to interpret national law in conformity with EU law)

ECLI:EU:C:2016:835, [2016] EUECJ C-554/14, [2016] WLR(D) 580
Bailii, WLRD
European

European

Updated: 25 January 2022; Ref: scu.571279

Child and Family Agency v D (RPD Intervening): ECJ 27 Oct 2016

ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Article 15 – Transfer of a case to a court of another Member State – Scope – Conditions under which applicable – Court better placed – Best interests of the child

L. Bay Larsen, P
ECLI:EU:C:2016:819, [2016] EUECJ C-428/15, [2017] 2 WLR 949, [2017] ILPr 5, [2017] Fam 248, [2017] 1 FCR 320, [2016] WLR(D) 555, [2017] 1 FLR 223
Bailii, WLRD
European
Citing:
See Also – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .

Lists of cited by and citing cases may be incomplete.

European, Children

Updated: 25 January 2022; Ref: scu.571243

The Football Association Premier League Ltd v Luxton: CA 9 Nov 2016

The defendant pub owner appealed against judgment given for copyright infringement. He had been relaying externally sourced TV of football matches. The images included the claimant’s logo, for which judgment was given. The defendant appealed under European law.
Held: The agreements under which the programme rights were distributed did not breach EU law. The appeal failed.

Tomlinson, Floyd LJJ
[2016] EWCA Civ 1097
Bailii
TFEU 56 101
England and Wales

Intellectual Property, European

Updated: 25 January 2022; Ref: scu.571223

Crown Equipment (Suzhou) And Crown Gabelstapler v Council (Judgment): ECFI 18 Oct 2016

Dumping ? Importation of hand pallet trucks and their essential parts originating in China ? Definitive anti-dumping duty ? Action for annulment ? Direct concern ? Individual concern ? Admissibility ? Determination of normal value ? Article 2(7)(a) of Regulation (EC) No 1225/2009 ? ‘Lesser duty’ rule ? Article 9(4) of Regulation No 1225/2009 ? Obligation to state reasons

T-351/13, [2016] EUECJ T-351/13, ECLI:EU:T:2016:616
Bailii
European

Customs and Excise

Updated: 25 January 2022; Ref: scu.570129

Eveready Battery Company V Euipo – Hussain And Others (Power Edge) (Judgment): ECFI 18 Oct 2016

EU trade mark ? Opposition proceedings ? Application for the EU figurative mark POWER EDGE ? Earlier EU word mark EDGE ? Relative ground for refusal ? Likelihood of confusion ? Article 8(1)(b) of Regulation (EC) No 207/2009 ? Genuine use of the earlier mark ? Article 15(1) and 42(2) of Regulation No 207/2009

T-824/14, [2016] EUECJ T-824/14, ECLI:EU:T:2016:614
Bailii
European

Intellectual Property

Updated: 25 January 2022; Ref: scu.570130

Commission v Italy (Judgment): ECJ 11 Oct 2016

Failure of a Member State to fulfil obligations – Directive 2004/80/EC – Article 12(2) – National compensation schemes for victims of violent intentional crime guaranteeing fair and appropriate compensation – National scheme not covering all violent intentional crimes committed on the national territory

C-601/14, [2016] EUECJ C-601/14
Bailii
European

Personal Injury

Updated: 25 January 2022; Ref: scu.570128

Jaber v Council: ECFI 26 Oct 2016

ECJ Judgment – Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Cancellation of prior acts by a judgment of the Court – New actions include the applicant’s name in the list – Action for annulment – Article 76 d) of the Rules of procedure – Content of the application – Admissibility – Obligation to state reasons – Burden of proof – Right to property – corporate Freedom

ECLI: EU: T: 2016 629, [2016] EUECJ T-154/15
Bailii
European

European

Updated: 24 January 2022; Ref: scu.570587

EMA v Pari Pharma: ECJ 18 Oct 2016

ECJ Order – Appeal – Order for interim measures – Suspension of operation of a measure challenged before the General Court – Change in circumstances – Access to documents – Regulation (EC) No 1049/2001 – Documents held by the European Medicines Agency (EMA) submitted as part of an application for authorisation to place a medicinal product on the market – Decision to grant a third party access to the documents

ECLI:EU:C:2016:775, [2016] EUECJ C-406/16 – CO
Bailii
European

European

Updated: 24 January 2022; Ref: scu.570582

Kaddour v Council: ECFI 26 Oct 2016

ECJ Judgment – Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Cancellation of prior acts by a judgment of the Court – New actions include the applicant’s name in the list – Action for annulment – Article 76 d) of the Rules of procedure – Content of the application – Admissibility – Obligation to state reasons – Burden of proof – Right to property – corporate Freedom

T-155/15, [2016] EUECJ T-155/15
Bailii
European

European

Updated: 24 January 2022; Ref: scu.570588

Restivo (EEA – Prisoner Transfer) Italy: UTIAC 9 Sep 2016

UTIAC The European Framework Decision 2008/909/JHA has replaced the framework previously set out in the Council of Europe Convention on the Transfer of Sentenced Persons, itself supplemented by the Protocol of 18 December 1997, to provide the framework within which a request may be made to another Member State for the transfer of an EEA national sentenced in the United Kingdom to serve that sentence in his own country. In the United Kingdom context, it is a precondition for making a transfer request that there be in place a deportation order. A decision to make a deportation order is not a decision to transfer a serving prisoner to another Member State to serve his prison there and so in any appeal against a decision to make a deportation order the Tribunal is not concerned with whether there is any legal impediment to such a transfer taking place.
Where the personal conduct of a person represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, the fact that such threat is managed while that person serves his or her prison sentence is not itself material to the assessment of the threat he or she poses. The threat exists, whether or not it cannot generate further offending simply because the person concerned, being imprisoned, has significantly less opportunity to commit further criminal offences.

[2016] UKUT 449 (IAC)
Bailii
England and Wales

Immigration, European

Updated: 24 January 2022; Ref: scu.570466

Brita (External Relations): ECJ 29 Oct 2009

Europa Preferential treatment EC-Israel Agreement EC-PLO Agreement Definition of ‘originating products’ Products originating in Israeli-occupied settlements in the West Bank Subsequent verification of EUR.1 certificates Doubt as to the origin of the goods Definition of ‘territory of the State of Israel.

C-386/08, [2009] EUECJ C-386/08 – O, [2010] EUECJ C-386/08
Bailii, Bailii
European

European

Updated: 24 January 2022; Ref: scu.380277

European Children’s Fashion Association And Instituto De Economia Publica v EACEA: ECFI 5 Oct 2016

ECJ (Judgment) Arbitration clause – Grant Agreement concluded within the framework of the action program’ Lifelong Learning (2007-2013) ‘- Project’ Brand and Merchandising manager for SMEs in the childrens’ product sector ‘- Action for annulment – Non-actionable appeal – Act as part of a purely contractual framework of which he is inseparable – Inadmissible – ineligible costs – Reimbursement of amounts paid – audit report

T-724/14, [2016] EUECJ T-724/14
Bailii
European

European, Arbitration

Updated: 23 January 2022; Ref: scu.569907

TMD Gesellschaft fur transfusionsmedizinische Dienste mbH v Finanzamt Kassel II – Hofgeismar: ECJ 5 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Taxation – Value added tax – Directive 2006/112/EC – Exemptions for certain activities in the public interest – Article 132(1)(d) – Supplies of human organs, blood and milk – Scope – Plasma of human blood transformed and used for industrial purposes

C-412/15, [2016] EUECJ C-412/15
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569912

Lidl Stiftung v EUIPO – Horno Del Espinar (Castello): ECFI 4 Oct 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark Castello – Earlier national and EU figurative marks Castello – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:594, [2016] EUECJ T-549/14
Bailii
Regulation (EC) No 207/2009
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569910

Commission v Portugal C-583/15: ECJ 5 Oct 2016

(Judgment) Failure to fulfill obligations – Transport policy – Regulation (EC) No 1071/2009 – Road transport operator – Simplification and administrative cooperation – Article 16, paragraphs 1 and 5 – national electronic register of road transport undertakings – Interconnecting registers national electronic

C-583/15, [2016] EUECJ C-583/15
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569905

F Hoffmann-La Roche AG v Accord Healthcare OU: ECJ 5 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Industrial and commercial property – Patent – Supplementary protection certificate – Regulation (EC) No 469/2009 – Article 21(2) – Transitional provisions – Certificate granted in accordance with the national legislation of a Member State prior to its accession to the European Union – Interpretation of Article 21(2) – Duration of validity of the certificate – Validity of Article 21(2) – Adjustment to secondary legislation resulting directly from the Act of Accession – Lack of jurisdiction of the Court

C-572/15, [2016] EUECJ C-572/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569908

Alpex Pharma v EUIPO – Astex Pharmaceuticals (Astex): ECFI 30 Sep 2016

No real use of Earlier mark

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark ASTEX – Earlier EU word mark ALPEX – No genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 – Article 75 of Regulation No 207/2009 – Article 76(1) of Regulation No 207/2009

M. van der Woude, P
T-355/15, [2016] EUECJ T-355/15, ECLI:EU:T:2016:591
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569900

Danfoss And Sauer-Danfoss: ECJ 20 Oct 2011

ECJ Indirect taxes – Excise duties on mineral oils – Incompatibility with European Union law – Non-repayment of excise duty to purchasers of goods to whom the excise duty has been passed on

[2011] EUECJ C-94/10, ECLI:EU:C:2011:674
Bailii
England and Wales
Citing:
Cited – Danfoss And Sauer-Danfoss ECJ 24-Mar-2011
ECJ Indirect taxation – Excise duty levied in breach of national law of the Union – Impact of tax by the taxpayer on its customers – Requests for refund and / or damages against the Crown by the person who has . .

Lists of cited by and citing cases may be incomplete.

European, Taxes – Other

Updated: 23 January 2022; Ref: scu.569891

United Kingdom v Commission T-437/14: ECFI 28 Sep 2016

ECJ (Judgment) EAGGF, Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Integrated administration and control system – Reductions and exclusions where the rules on cross-compliance are not observed – Flat-rate financial correction imposed by the Commission in accordance with internal guidelines – Burden of proof – Interpretation of Annexe II to Regulation (EC) No 73/2009

T-437/14, [2016] EUECJ T-437/14
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569643

Universal Protein Supplements v EUIPO (Representation D’Un Culturiste): ECFI 29 Sep 2016

ECJ (Judgment) EU trade mark – Application for registration of an EU figurative mark representing a body-builder – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

T-335/15, [2016] EUECJ T-335/15
Bailii
Regulation (EC) No 207/2009 7(1)(c)
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569644

Satkirit Holdings v EUIPO – Advanced Mailing Solutions (Luvoworld): ECFI 27 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark luvoworld – Earlier EU work mark luvo – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009

T-450/15, [2016] EUECJ T-450/15, ECLI:EU:T:2016:543
Bailii
Regulation (EC) No 207/2009 8(1)(b)
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569642

The Art Company B and S v EUIPO – G-Star Raw (The Art of Raw): ECFI 28 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark THE ART OF RAW – Earlier national and EU figurative marks art and earlier EU figurative mark The Art Company – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-593/15, [2016] EUECJ T-593/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569630

European Food v EUIPO – Societe Des Produits Nestle (Fitness): ECFI 28 Sep 2016

ECJ (Judgment) EU trade mark – Invalidity proceedings – EU word mark FITNESS – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c), Article 52(1)(a) and Article 76 of Regulation (EC) No 207/2009 – Rule 37(b)(iv) and Rule 50(1) of Regulation (EC) No 2868/95 – Production of evidence for the first time before the Board of Appeal

T-476/15, [2016] EUECJ T-476/15, ECLI:EU:T:2016:568
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569633

Llr-G5 v EUIPO – Glycan Finance (Silicium Organique G5 Llr-G5): ECFI 28 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark CITRUS SATURDAY – Earlier national word mark CITRUS – Late submission of documents – Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 – Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95)

ECLI:EU:T:2016:569, [2016] EUECJ T-539/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569639

Intesa Sanpaolo v EUIPO (Wave 2 Pay): ECFI 28 Sep 2016

ECJ (Judgment) Brand of the European Union – Request marks the verbal EU WAVE 2 WAVE TO PAY and PAY – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7, paragraph 1 b) and c) and paragraph 2 of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009

T-129/15, [2016] EUECJ T-129/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569634

Pinto Eliseu Baptista Lopes Canhoto v EUIPO – University College London (Citrus Saturday): ECFI 28 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark CITRUS SATURDAY – Earlier national word mark CITRUS – Late submission of documents – Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 – Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95

ECLI:EU:T:2016:569, [2016] EUECJ T-400/15
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569640

Essent Belgium NV v Vlaams Gewest: ECJ 29 Sep 2016

ECJ (Judgment) Reference for a preliminary ruling – Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge – Different treatment depending on the origin of the green electricity – Articles 28 EC and 30 EC – Free movement of goods – Directive 2001/77/EC – Articles 3 and 4 – National support mechanisms for the production of green energy – Directive 2003/54/EC – Articles 3 and 20 – Directive 96/92/EC – Articles 3 and 16 – Internal market in electricity – Access to distribution systems on non-discriminatory tariff conditions – Public service obligations – Lack of proportionality

C-492/14, [2016] EUECJ C-492/14
Bailii
European

European, Utilities

Updated: 23 January 2022; Ref: scu.569632

Kozmetika Afrodita v EUIPO – Nunez Martin and Machado Montesinos (Afrodita Cosmetics): ECFI 28 Sep 2016

ECJ Judgment – Brand of the European Union – Opposition proceedings – Application for figurative mark of the European Union AFRODITA COSMETICS – Earlier word National brands EXOTIC MUSK OIL AFRODITA MYSTIC Earlier figurative and MUSK OIL AFRODITA MYSTIC – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-575/15, [2016] EUECJ T-575/15
Bailii
Regulation (EC) No 207/2009
European

Intellectual Property

Updated: 23 January 2022; Ref: scu.569637

Klein v Commission: ECFI 28 Sep 2016

ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation

ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European

European, Personal Injury, Health Professions

Updated: 23 January 2022; Ref: scu.569635

Satkirit Holdings v EUIPO – Advanced Mailing Solutions (Luvo): ECFI 27 Sep 2016

lipECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark luvo – Earlier EU work mark luvo – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009

T-449/15, [2016] EUECJ T-449/15, ECLI:EU:T:2016:544
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569641

Lacamanda Group v EUIPO – Woolley (Henley): ECFI 28 Sep 2016

(Judgment) EU trade mark – Invalidity proceedings – EU word mark HENLEY – Earlier United Kingdom and EU word marks HENLEYS – Article 8(5) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the earlier mark

T-362/15, [2016] EUECJ T-362/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569638

Bach Flower Remedies v EUIPO – Durapharma (Rescue): ECFI 29 Sep 2016

ECJ (Judgment) EU trade mark – Invalidity proceedings – EU word mark RESCUE – Absolute ground for refusal – Descriptive character – No distinctive character acquired through use – Article 7(1)(c) and (3) of Regulation (EC) No 207/2009 – Article 52(2) of Regulation No 207/2009

T-337/15, [2016] EUECJ T-337/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569631

Cabrera Sanchez v OHIM. El Charcutero Artesano: ECFI 13 Dec 2007

ECJ Community trade mark – Opposition proceedings – Application for the Community figurative mark el charcutero artesano – Earlier national figurative mark El Charcutero – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 84-86, 90, 92)

ECLI:EU:T:2007:391, [2007] EUECJ T-242/06
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569560

Excalibur City v EUIPO – Ferrero (Merlin’s Kinderwelt) T-565/15: ECFI 20 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark MERLIN’S KINDERWELT – Earlier national word mark KINDER – Relative ground for refusal – No similarity between the signs – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:518, [2016] EUECJ T-565/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569506

Pan Europe v Commission: ECFI 20 Sep 2016

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to endocrine-disrupting chemicals – Partial refusal of access – Exception relating to the decision-making process – Article 4(3) of Regulation No 1049/2001

ECLI:EU:T:2016:519, [2016] EUECJ T-51/15
Bailii
Regulation No 1049/2001
European

European

Updated: 23 January 2022; Ref: scu.569517

Tose’e Ta’avon Bank v Council: ECFI 22 Sep 2016

ECJ (Judgment) Foreign Policy and Security – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – of illegality – Assigning an execution authority to the Board – Criterion to entities providing support to the Iranian government – Error of law – Error of fact – Obligation to state reasons – Proportionality – fundamental rights

T-435/14, [2016] EUECJ T-435/14
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569523

Grupo De Originacion Y Analisis v EUIPO – Bankinter (BK Partners): ECFI 22 Sep 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – the European Union figurative trade mark BK PARTNERS – Earlier word and figurative national mark bk. – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:530, [2016] EUECJ T-228/15
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569508

European Dynamics Luxembourg and Evropaiki Dynamiki v EIT: ECFI 15 Sep 2016

ECJ (Judgment) Public service contracts – Tender procedure – Supply of services for the development of a knowledge and information management platform – Software development services and maintenance of availability and efficiency of computer services – Refusal to rank the applicants in first place – Selection criteria – Award criteria – Obligation to state reasons – Manifest errors of assessment – Access to documents – Non-contractual liability

ECLI:EU:T:2016:498, [2016] EUECJ T-481/14
Bailii
European

European

Updated: 23 January 2022; Ref: scu.569504

Excalibur City v EUIPO – Ferrero (Merlin’s Kinderwelt) T-566/15: ECFI 20 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for registration of an EU figurative mark MERLIN’S KINDERWELT – Earlier national word mark KINDER – Relative ground for refusal – No similarity between the signs – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:517, [2016] EUECJ T-566/15
Bailii
European

European, Intellectual Property

Updated: 23 January 2022; Ref: scu.569507