ECJ State aid – Maritime cabotage sector – Service of general economic interest – Private investor in a market economy test – Social policy of the Member States – Restructuring aid – Effects of a judgment annulling a decision
ECLI:EU:T:2012:415, [2012] EUECJ T-565/08
Bailii
European
Updated: 23 January 2022; Ref: scu.569425
ECJ Competition – Agreements, decisions and concerted practices – Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Imputability of the unlawful conduct – Fines – Ceiling of 10% of turnover – Relevant turnover – Rights of the defence – Obligation to state reasons – Proportionality – 2006 Guidelines on the method of setting fines – Ability to pay
ECLI:EU:T:2012:674, [2012] EUECJ T-392/09
Bailii
European
Updated: 23 January 2022; Ref: scu.569427
Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-409/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement of Persons) C-409/07 ECJ 4-Mar-2010
ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569406
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
V. Skouris, P
[2010] EUECJ C-359/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement of Persons) C-359/07 ECJ 4-Mar-2010
ECJ Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition’ . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569407
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition ‘by object’ – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreement concluded between a patent holder and a generic undertaking – Duration of the Commission’s investigation – Rights of the defence – Fines – Legal certainty – Principle that penalties must have a proper legal basis)
ECLI:EU:T:2016:460, [2016] EUECJ T-471/13
Bailii
European
European, Commercial
Updated: 23 January 2022; Ref: scu.569390
ECJ Judgment – Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-360/07
Bailii
Citing:
Opinion – Markus Stoss C-360/07 ECJ 4-Mar-2010
ECJ Free Movement of Persons – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 23 January 2022; Ref: scu.569409
ECJ (Judgment) Reference for a preliminary ruling – State aid – Power Purchase Agreements – Compensation paid for voluntary termination – Commission decision finding State aid compatible with the internal market – Assessment of the lawfulness of aid by a national court – Annual adjustment of stranded costs – Point at which an energy generator’s membership of a group of undertakings is taken into account
ECLI:EU:C:2016:686, [2016] EUECJ C-574/14
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569377
ECJ EU trade mark – Opposition proceedings – Application for EU figurative mark 3D – Earlier EU word and figurative marks 3D’S and 3D’s – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No (EC) No 207/2009
T-390/15, [2016] EUECJ T-390/15
Bailii
Regulation No (EC) No 207/2009
European
European
Updated: 23 January 2022; Ref: scu.569376
C-16/15, [2016] EUECJ C-16/15
Bailii
England and Wales
European
Updated: 23 January 2022; Ref: scu.569375
ECJ Appeal – Civil service – Officials – Promotion – 2013 promotion exercise – Roles of the appointing authority and the CCP – Lack of staff reports – Failure to consult reports by members of the PCC – Compatibility of duties Rapporteur to the CCP with those of former assessor – Equal treatment – Obligation to state reasons
ECLI:EU:T:2016:465, [2016] EUECJ T-410/15
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569381
ECJ (Judgment) Appeals – Competition – Cartels – European Market for prestressing steel – Fines – Determination of the amount of fines -Regulation (EC) No 1/2003 – Article 23, paragraph 2 – Presumption of the actual exercise of influence determinant of the parent company on the subsidiary – Guidelines for calculating the amount of the 2006 fines – Principle of non-retroactivity – Charter of fundamental rights of the European Union – Article 47 – Right to an effective remedy within a reasonable time – Charter of fundamental rights – Article 41 – Right to a business process within a reasonable time
ECLI:EU:C:2016:678, [2016] EUECJ C-490/15
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569373
Judgment : Fixed-Term Employment Contracts
[2016] EUECJ C-184/15
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569369
ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products – Refusal to grant access – Exception relating to the protection of legal advice – Rights of the defence – Overriding public interest
ECLI:EU:T:2016:482, [2016] EUECJ T-755/14
Bailii
Regulation (EC) No 1049/2001
European
European
Updated: 23 January 2022; Ref: scu.569361
ECJ (Judgment) Public service contracts – Tendering procedure for tenders – external service provision for development, studies and support of information systems (ESP DESIS III) – Classification of a tenderer in the cascading procedure – Obligation motivation – abnormally low tenders – Principle of free competition – non-contractual liability
ECLI:EU:T:2016:476, [2016] EUECJ T-698/14
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569357
ECJ (Judgment) State aid – Banking sector – Aid granted to Danish bank FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the Danish Financial Stability Company – State aid for banks during the crisis – Decision declaring the aid compatible with the internal market – Definition of aid – Private investor test – Private creditor test – Calculation of the amount of the aid – Obligation to state reasons)
ECLI:EU:T:2016:474, [2016] EUECJ T-386/14
Bailii
European
European
Updated: 23 January 2022; Ref: scu.569359
(Order) Preliminary ruling – Regulation (EEC) No 3846/87 – Agriculture – Common organization of the markets – Export refunds – Poultry – ‘Hens reforme’- nomenclature of agricultural products for export refunds – Classification
ECLI:EU:C:2014:2444, [2014] EUECJ C-70/14 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569147
ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU Treaties
Held: ‘The agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is not compatible with Article 6(2) TEU or with Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms.’
[2014] EUECJ Avis-2/13
Bailii
European Cnvention on Human Rights, TEU 6(2)
Citing:
Advice – Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms ECJ 13-Jun-2014
ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental . .
Lists of cited by and citing cases may be incomplete.
European, Human Rights
Updated: 23 January 2022; Ref: scu.569153
ECJ (Order) Appeals – State aid – Decision 2010/787/EU – Aid to facilitate the closure of uncompetitive coal mines – Conditions for considering that aid compatible with the internal market – Article 181 of the Rules of Procedure of the Court
ECLI:EU:C:2014:2446, [2014] EUECJ C-99/14 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569150
ECJ (Order) Appeal – Community trade mark – Figurative mark containing the word elements’ BOAT FLY ‘- Partial refusal of registration by the examiner – Definition of’ relevant public
ECLI:EU:C:2014:2480, [2014] EUECJ C-368/14 – CO
Bailii
European, Intellectual Property
Updated: 23 January 2022; Ref: scu.569149
ECJ (Order) Preliminary ruling – Social policy – Directive 1999/70 / EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Contracts of successive fixed-term in the public sector – Clause 3, point 1 – Concept of ‘ fixed-term worker ‘- Clause 5, point 1 – measures to prevent abuse of contracts or employment relationships successive fixed-term – Sanctions – Reclassification of fixed-term employment relationship by working on permanent contracts not Standing – the right to compensation
C-86/14, [2014] EUECJ C-86/14 – CO, ECLI:EU:C:2014:2447
Bailii
European, Employment
Updated: 23 January 2022; Ref: scu.569152
ECJ (Order) Action for annulment – Foreign Policy and Security – Restrictive measures against Syria – Freezing of funds – Inclusion of an individual on the lists of persons covered – Personal links with members of the regime – Rights of defense – fair trial – Duty to state reasons – Burden of proof – Right to effective judicial protection – Proportionality – Right to property – Right to privacy – res judicata – Inadmissible – manifest inadmissibility – Action unfounded in law
ECLI:EU:T:2014:1119, [2014] EUECJ T-407/13 – CO
Bailii
European
Updated: 23 January 2022; Ref: scu.569148
Failure of a Member State to fulfil its obligations – Directive 96/9/EC – Failure to implement within the prescribed period
M. Wathelet, P
[2001] ECDR 13, [2001] ECR I-297, [2001] EUECJ C-370/99, C-370/99
Bailii
European
European
Updated: 23 January 2022; Ref: scu.162700
The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act.
Held: The appeal against the patent was dismissed. The separated form, the (+) entantiomer had not previously been available and was new within the Act and European practice, and was entitled to a patent. The Biogen case did not operate in the way suggested, and European Patent Office practice supported the grant.
Lord Walker drew attention to ‘the importance of UK patent law aligning itself, so far as possible, with the jurisprudence of the EPO (and especially decisions of its Enlarged Boards of Appeal)’, even though ‘National courts may reach different conclusions as to the evaluation of the evidence in the light of the relevant principles’ even though ‘the principles themselves should be the same, stemming as they do from the EPC.’
Lord Neuberger of Abbotsbury said that the courts’ interpretative objective is to strive for consistency between European and UK patent law.
Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Mance, Lord Neuberger of Abbotsbury
[2009] UKHL 12, [2009] Bus LR 828, (2009) 32(5) IPD 32033, 107 BMLR 121, [2009] RPC 13, [2009] 2 All ER 955, (2009) 107 BMLR 121
Bailii, HL
Patents Act 1977 1(1) 2, European Patent Convention
England and Wales
Citing:
Cited – Molnlycke AB v Proctor and Gamble Ltd 1992
The court considered the patentability of a baby’s disposable diaper. . .
Cited – Mentor Corporation v Hollister Incorporated CA 1993
Lloyd LJ added to the guidance at first instance:
‘In each case sufficiency will thus be a question of fact and degree, depending on the nature of the invention and the other circumstances of the case.
But if a working definition is required . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
At First Instance – Generics (UK) Ltd and others v H Lundbeck A/S (Costs) PatC 27-Jun-2007
The parties disputed the patentability of an anti-depressant drug Citalopram (Prozac).
Held: the claims were invalid for insufficiency. . .
Appeal from – H Lundbeck A/S v Generics (UK) Ltd and others CA 10-Apr-2008
The court heard an appeal against a finding that a patent for a chemical compound was invalid for insufficiency.
Held: The appeal succeeded.
Enough information to ‘work the invention’ meant in order to make the product. . .
Cited – Asahi Kasei Kogyo KK’s Application HL 1991
The House considered a case involving the issue of enablement of a particular peptide in a patent application.
Held: On the assumed facts that there had been a prior disclosure of the same invention neither the disclosed information nor common . .
Cited – Mentor Corporation v Hollister Incorporated ChD 1991
The court considered the meaning of the phrase a ‘person skilled in the art’ in the context of a patent claim.
Aldous J said: ‘The section requires the skilled man to be able to perform the invention, but does not lay down the limits as to the . .
Cited – Hallen Co v Brabantia (UK) Ltd CA 1991
Slade LJ said: ‘If the plea of obviousness is to succeed, the court has to be satisfied that it would have appeared to the hypothetical technician, skilled in the art but lacking in inventive capacity, worthwhile to coat the helix of a self-pulling . .
Cited – American Home Products Corporation, Professor Roy Calne v Novartis Pharmaceuticals UK Limited, Novartis Pharma AG CA 27-Jul-2000
The invention was a second medical use for a known drug rapamycin, which was found to have an immuno-suppressive effect. The court asked whether a claim to rapamycin should be construed to include derivatives.
Held: A person skilled in the art . .
Cited – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
Cited – Pharmacia Corporation, G D Searle and Company, Pfizer Inc v Merck and Co, Inc, Merck, Sharp and Dohme Limited CA 14-Dec-2001
Question as to obviousness of patent. . .
Cited – Synthon Bv v Smithkline Beecham Plc HL 20-Oct-2005
Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the . .
Cited by:
Cited – Human Genome Sciences Inc v Eli Lilly and Company SC 2-Nov-2011
The court considered an appeal against the declaration of invalidity of a biomedical patent for a new human protein on the grounds that it was not susceptible of industrial application.
Held: The patentee’s appeal succeeded. The court had to . .
Cited – Regeneron Pharmaceuticals Inc v Kymab Ltd SC 24-Jun-2020
SC Kymab Ltd (‘Kymab’) alleges that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The . .
Cited – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 23 January 2022; Ref: scu.304528
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law.
Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that section 145(3)(a) could not be read down and that there required to be amending legislation.
Ouseley J
[2017] EWHC 2725 (Admin), [2017] WLR(D) 736
Bailii, WLRD
Road Traffic Act 1988 145 151 153(3), Third Parties (Rights Against Insurers) Act 2010 1(4), European Communities (Rights Against Insurers) Regulations 2002, Parliament and Council Directive 2009/103/EC
England and Wales
Cited by:
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
European, Personal Injury, Road Traffic, Insurance
Updated: 23 January 2022; Ref: scu.599418
The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road.
Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not within the institutional competence of the courts, and because it would necessarily impose retrospective criminal liability under section 143.
Mr Justice Soole
[2018] EWHC 2376 (QB), [2019] Lloyd’s Rep IR 324, [2019] PIQR P5, [2019] 1 All ER (Comm) 747, [2019] RTR 10, [2019] 3 CMLR 4, [2019] 1 All ER 870, [2019] 1 WLR 1785
Bailii
Road Traffic Act 1988 143 145
England and Wales
Cited by:
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, European
Updated: 23 January 2022; Ref: scu.625532
ECJ Opinion – Automobile Liability Insurance – Concept of ‘vehicular’ – Accident caused by a tractor with a trailer during harvest bales of hay in a barn
Mengozzi AG
C-162/13, [2014] EUECJ C-162/13, [2014] EUECJ C-162/13, [2016] RTR 10
Bailii, Bailii
European
Cited by:
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Insurance
Updated: 23 January 2022; Ref: scu.521842
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect of third party claims from any accident involving his car while being driven or used on a public road. His insurer sought a declaration that the policy did not cover the claim against the driver since the policy limited itself to use on roads. The repair did not fall within ‘use’ for the purposes of section 145(3) of the Act. The owner of the repair premises counterclaimed for a declaration that the motorist’s insurer was liable for damage suffered and third parties arising from the fire. The judge granted the declaration sought by the motorist’s insurer but the Court of Appeal allowed an appeal by the owner of the premises and granted the declaration sought in the counterclaim.
Held: The appeal succeeded. The policy was to be construed so that its third party cover met the RTA requirements>
of the RTA. The certificate did not purport to provide additional cover in itself, and
because the relevant legislation treats a certificate of insurance as distinct from a policy, it is therefore necessary to read words into clause 1a. The CA had gone too far in making the extension to cover the losses.
‘Use’ in EU law is not confined to a road or other public place. It extends to any use of a vehicle as a means of transport. To comply with EU law, Parliament may need to reconsider the wording of the RTA, but the RTA may not be ‘read down’ to comply by excising the words ‘on a road or other public place’ because this would go against the grain and thrust of the legislation. It is therefore the cover required by the RTA, not EU law, that must be read into the policy. In case of such an omission being identified, the Court may adopt a corrective construction, but here such an extension beyond the RTA express provisions but no further.
In this case it was the negligence in the conduct of the repair, not any use of the vehicle which caused the actual damage.
Baroness Hale of Richmond Psc, Lord Wilson, Lord Hodge, Lady Arden,Lord Kitchin Jjsc
[2019] UKSC 16, UKSC 2017/0096, [2019] 2 All ER (Comm) 793, [2019] 3 All ER 917, [2019] Lloyd’s Rep IR 404, [2019] 2 WLR 1015, [2019] WLR(D) 199, [2020] AC 1025, [2019] RTR 28
Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC 18 Dec 13 am Viudeo, SC 18 Dec 13 pm Video, WLRD
Road Traffic Act 1988
England and Wales
Citing:
Cited – Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1) ECJ 5-Oct-2004
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Cited – Vnuk v Zavarovalnica Triglav DD ECJ 26-Feb-2014
ECJ Opinion – Automobile Liability Insurance – Concept of ‘vehicular’ – Accident caused by a tractor with a trailer during harvest bales of hay in a barn . .
Approvee – Lister v Romford Ice and Cold Storage Co Ltd CA 1956
Where an employer is found vicariously liable for an employee’s actions, they are entitled to recover an indemnity from them, to cover such losses.
Held: An accident which occurred in the yard of a slaughterhouse did not arise out of use on . .
Cited – Inman v Kenny and Another CA 12-Jan-2001
The claimant was sat below an embankment. A motorcycle driven by the defendant left the path at the top of the embankment landing on her causing serious injuries. . .
Cited – Lewis v Tindale and Others QBD 14-Sep-2018
The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road.
Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of . .
Cited – RoadPeace v Secretary of State for Transport Admn 7-Nov-2017
RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law.
At First Instance – UK Insurance Ltd v Holden QBD 2017
The car owner was repairing his car, but his negligence caused a fire which extended to a neighbour’s property. The insurance companies sought declarations as to liability under his road traffic insurance policy. . .
Appeal from (CA) – UK Insurance Ltd v Rands Pilling (T/A Phoenix Engineering) CA 12-Apr-2017
. .
Cited – Elliott v Grey QBD 1959
The defendant had left his car on the roadway. It was raised on bricks, and the battery was removed. He appealed his conviction for it not being insured.
Held: The conviction was correct. The acts of the defendant fell within the mischief of . .
Cited – Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd HL 25-Nov-1998
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and . .
Cited – Pumbien v Vines QBD 14-Jun-1995
A car on left on the road is used for MOT and insurance purposes even though it might be immobilized. . .
Cited – Brown v Roberts 1965
The statutory concept of ‘use’ where a vehicle is parked but not lawfully drivable is that the owner has an element of control, management or operation of the vehicle while it is on the road . .
Lists of cited by and citing cases may be incomplete.
Insurance, Road Traffic, European
Updated: 23 January 2022; Ref: scu.635122
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions
A National Court, when applying domestic law and in particular legislative provisions specifically adopted for the purposes of implementing the requirements of a Directive, is bound to interpret national law, as far as possible, in the light of the wording and the purpose of the Directive concerned in order to achieve the result sought by the Directive. It is the responsibility of the National Court to ensure that the rules of Community law are fully effective.
Europa Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions.
C-399/01, [2004] EUECJ C-399/01, C-401/01, [2004] EUECJ C-401/01, [2004] EUECJ C-403/01, C-397/01, C-398/01, C-402/01, C-403/01, C-400/01, [2005] IRLR 137, [2004] ECR 8835, [2005] ICR 1307, [2004] ECR I-8835
Bailii, Bailii, Bailii
Directive 93/104/EC
European
Citing:
Approved – Landeshauptstadt Kiel v Norbert Jaeger ECJ 9-Sep-2003
Concepts of working time and rest period – On Call
ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest . .
See Also – Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 4 ECJ 5-Oct-2004
ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red . .
Cited by:
Cited – Greenalls Management Ltd v Customs and Excise HL 12-May-2005
Volumes of vodka were transferred from a secure warehouse to a carrier for export. They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. The Directive provided that duty was payable on the ‘release for . .
Cited – Attridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
Cited – English v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
Cited – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
Cited – O’Brien v Ministry of Justice SC 28-Jul-2010
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office . .
Cited – Twentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – British Airways Plc v Williams and Others SC 17-Oct-2012
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their . .
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Transport, Employment, Health and Safety
Leading Case
Updated: 23 January 2022; Ref: scu.215895
The respondents had applied for and obtained an order to revoke the appellant’s patent of a stent for obvousness. Though the parties had settled, the public law element required the intervention of the Comptroller General. The House was asked about how to identify the concept embodied in the invention which may constitute the ‘inventive step’ for the purposes of article 56 of the EPC and section 1(1)(b) of the Patents Act 1977.
Held: The appeal succeeded, the courts of Appeal and at first instance had construed obviousness too narrowly. The ‘invention is the product specified in a claim and the patentee is entitled to have the question of obviousness determined by reference to his claim and not to some vague paraphrase based upon the extent of his disclosure in the description.’
Neither the Court of Appeal nor the Dutch patents court had asked exactly the correct question which was ‘whether it was obvious to use a taxol-coated stent to prevent restenosis.’
Lord Hoffmann said: ‘A European patent takes effect as a bundle of national patents over which the national courts have jurisdiction. It is therefore inevitable that they will occasionally give inconsistent decisions about the same patent. Sometimes this is because the evidence is different. In most continental jurisdictions, including the [EPO], cross-examination is limited or unknown. Sometimes one is dealing with questions of degree over which judges may legitimately differ. Obviousness is often in this category. But when the question is one of principle, it is desirable that so far as possible there should be uniformity in the way the national courts and the EPO interpret the [EPC].’
Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury
[2008] RPC 28, [2008] UKHL 49
Bailii, HL
Patents Act 1977 1(1)(b)
England and Wales
Citing:
At Patents Court – Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and Another PatC 24-Feb-2006
The court found the defendant’s patent invalid for obviousness. . .
Appeal from – Angiotech Pharmaceuticals and Another v Conor Medsystems Inc CA 16-Jan-2007
The appellants challenged a finding that their patent for a vascular stent failed for obviousness.
Held: To overcome a judge’s finding in such a case some error of principle had to be shown. No such error was shown and the appeal failed. . .
Procedure adopted – Halliburton Energy Services Inc v Smith International (North Sea) Ltd and others CA 15-Dec-2006
. .
Cited – AGREVO ECFI 1992
A product claim was made for a patent for a class of chemical compounds alleged to be useful as herbicides. There was nothing in the description to justify the assertion that all the compounds in the class would have herbicidal properties. The Board . .
Cited – Johns-Manville Corporation’s Patent CA 1967
A patent for a method of producing asbestos cement was challenged for obviousness.
Diplock LJ considered that a development should be treated as obvious if ‘the person versed in the art would assess the likelihood of success as sufficient to . .
Cited – Re Prendergast’s Applications ChD 2000
The applicant attempted to patent the use of two known pharmaceuticals to treat the folowing: ‘battle fatigue, combat stress reaction, post-traumatic stress disorder in civilian and military emergency situations, neurological symptoms associated . .
Cited – Pharmacia Corporation, G D Searle and Company, Pfizer Inc v Merck and Co, Inc, Merck, Sharp and Dohme Limited CA 14-Dec-2001
Question as to obviousness of patent. . .
Cited – Generics (UK) Ltd and others v H Lundbeck A/S PatC 4-May-2007
Kitchin J said: ‘The question of obviousness must be considered on the facts of each case. The court must consider the weight to be attached to any particular factor in the light of all the relevant circumstances. These may include such matters as . .
Cited by:
Cited – Symbian Ltd v Comptroller General of Patents CA 8-Oct-2008
No Pattern Established to Patent Computer Systems
The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was . .
Cited – Human Genome Sciences Inc v Eli Lilly and Company SC 2-Nov-2011
The court considered an appeal against the declaration of invalidity of a biomedical patent for a new human protein on the grounds that it was not susceptible of industrial application.
Held: The patentee’s appeal succeeded. The court had to . .
Cited – Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another SC 14-Nov-2018
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four . .
Cited – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 23 January 2022; Ref: scu.270656
ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of -road transport – Maximum weekly working time – Principle – Direct effect – Derogation – Conditions.
V Skouris, P
C-402/01, [2004] EUECJ C-402/01
Bailii
Directive 93/104/EC
European
Cited by:
See Also – Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1) ECJ 5-Oct-2004
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 23 January 2022; Ref: scu.215896
Europa Protection des consommateurs Directive 93/13/CEE Clauses abusives dans les contrats conclus avec les consommateurs Article 4, paragraphe 2 Appreciation du caractere abusif des clauses concernant l’objet principal du contrat Article 8 Harmonisation minimum ‘ Dispositions nationales plus strictes visant – assurer un niveau de protection des consommateurs plus eleve Differences par rapport – un debut d’harmonisation complete.
C-484/08, [2009] EUECJ C-484/08 – O, [2010] EUECJ C-484/08
Bailii, Bailii
European
European
Updated: 23 January 2022; Ref: scu.380279
ECJ Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition ‘by object’ – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreements concluded between a patent holder and generic undertakings – Article 101(1) and (3) TFEU – Errors of law and of assessment – Obligation to state reasons – Rights of defence – Legal certainty – Fines
T-472/13, [2016] EUECJ T-472/13, ECLI:EU:T:2016:449
Bailii
European
European
Updated: 22 January 2022; Ref: scu.569060
ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram – Concept of restriction of competition by object – Potential competition – Generic medicinal products – Barriers to market entry resulting from the existence of patents – Agreement concluded between a patent holder and a generic undertaking – Fines – Legal certainty – Principle that penalties must have a proper legal basis – 2006 Guidelines on the method of setting fines – Duration of the Commission’s investigation
T-460/13, [2016] EUECJ T-460/13, ECLI:EU:T:2016:453
Bailii
European, Commercial
Updated: 22 January 2022; Ref: scu.569063
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement – Conditions for participating in a call for tenders and assessment of economic and financial standing – Exclusion of the tenderer for not presenting certificates of economic and financial standing issued by two different banks – Directive 2004/18/EC – Article 47 – Applicability
[2016] EUECJ C-225/15, ECLI:EU:C:2016:645
Bailii
TFEU 49
Citing:
Opinion – Politano C-225/15 ECJ 16-Jun-2016
ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569052
ECJ Judgment – Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Definition – Internet – Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent – Works not yet published by the rightholder – Posting of such links for a profit
[2016] EUECJ C-160/15, ECLI:EU:C:2016:644
Bailii
Citing:
Opinion – GS Media v Sanoma Media Netherlands BV and Others ECJ 7-Apr-2016
ECJ (Advocate General’s Opinion) Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Article 3(1) – Communication to the public – Website – Making . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569054
(Judgment)
T-470/13, [2016] EUECJ T-470/13
Bailii
European
Updated: 22 January 2022; Ref: scu.569061
ECJ- (Judgment) Mark of the European Union – Application for figurative mark of the European Union Q10 – Refusal to register a declaration on the scope of protection – Article 37, paragraph 2 of Regulation (EC) No 207 / 2009 – absolute grounds for refusal – descriptive character – Lack of distinctive character – Article 7, paragraph 1 b) and c) of Regulation No 207/2009
[2016] EUECJ T-4/15
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569040
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the national court (Council Directive 1999/70, Annex, Clauses 3(2) and 4(1) (see paras 32-38)
2. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Prohibition of discrimination against fixed-term workers – Worker employed for a fixed term recruited as a career civil servant without a public competition – Failure to take account, in order to determine length of service, of periods of service completed under a fixed-term contract – Not permissible (Council Directive 1999/70, Annex, Clause 4(1) and (4) (see paras 39-41, 43-53, 55, operative part.)
3. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – General or hypothetical questions – Determination by the Court of its own jurisdiction (Art. 267 TFEU) (see para. 54)
[2013] EUECJ C-393/11
Bailii
Citing:
Order – Autorita per l’energia elettrica e il gas v Bertazzi (Order) ECJ 7-Mar-2013
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.569028
ECJ (Free Movement of Goods) Industrial and commercial property – Trade mark rights – Pharmaceutical products – Parallel imports – Repackaging of the product bearing the trade mark.
C.W.A. Timmermans, P
[2007] ECR I-3391, [2007] Bus LR 1100, [2007] EUECJ C-348/04
Bailii
Citing:
See also – Boehringer Ingelheim KG v Swingward Ltd ECJ 6-Apr-2006
Opinion – 1. In the present case the Court of Appeal (England and Wales) (Civil Division) seeks further guidance from the Court of Justice on the effect of the latter’s judgment in Boehringer Ingelheim and Others (‘Boehringer I’). (2) That case . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 22 January 2022; Ref: scu.569033
ECJ (Judgment) Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading within the European Union – Directive 2003/87/EC – Article 10a – Method of allocating free allowances – Calculation of the uniform cross-sectoral correction factor – Decision 2013/448/EU – Article 4 – Annex II – Validity – Determination of the product benchmark for hot metal – Decision 2011/278/EU – Annex I – Validity – Article 3(c) – Article 7 – Article 10(1) to (3) and 8 -Annex IV – Free allowances for the consumption and for the export of heat – Measurable heat exported to private households – Prohibition on double-counting of emissions and of double allocation of allowances
C-180/15, [2016] EUECJ C-180/15, ECLI:EU:C:2016:647
Bailii
Directive 2003/87/EC
European
Updated: 22 January 2022; Ref: scu.569041
ECJ (Advocate General’s Opinion) Appeal – Competition – Cartels (Article 81 EC and Article 53 of the EEA Agreement) – Fines – 2006 Guidelines on the method of setting fines – Turnover to be taken into account – Exchange rate for calculating the 10% upper limit on fines under Article 23(2) of Regulation (EC) No 1/2003 – European market for automotive glass
Kokott AG
C-101/15, [2016] EUECJ C-101/15 – O, [2016] EUECJ C-101/15
Bailii, Bailii
European
Updated: 22 January 2022; Ref: scu.569038
ECJ (Judgment) State aid – Partial exemption from the obligation to contribute to the Pension Protection Fund – Decision declaring the aid incompatible with the internal market – Concept of State aid – State resources – Advantage – Selective nature – Adverse effect on competition – Effect on trade between Member States – Equal treatment – Proportionality – Legitimate expectations – Obligation to state reasons – Putting into effect of the aid
ECLI:EU:T:2013:466, [2013] EUECJ T-226/09
Bailii
European
Updated: 22 January 2022; Ref: scu.569026
ECJ Judgment – EU trade mark – Opposition proceedings – Application for the EU word mark VICTOR – Earlier national figurative mark victoria – Relative ground for refusal – Genuine use of the earlier mark – Nature of the use – Form differing in elements which do not alter the distinctive character – Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
T-204/14, [2016] EUECJ T-204/14, ECLI:EU:T:2016:448
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569047
ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Articles 5 and 7 – Combined offer – Sale of a computer equipped with pre-installed software – Material information relating to the price – Misleading omission – Consumer unable to obtain the same model of computer not equipped with software
D Svaby, P
C-310/15, [2016] EUECJ C-310/15
Bailii
Directive 2005/29/EC
European, Consumer
Updated: 22 January 2022; Ref: scu.569043
ECJ (Judgment) Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 2 – Principle of equal treatment – Obligation of transparency – Contract for the supply of a complex communications system – Difficulties in performance of the contract – Disagreement of the parties in regard to areas of responsibility – Settlement – Reduction in the scope of the contract – Transformation of a rental of equipment into a sale of equipment – Material amendment to a contract – Justification by the objective expediency of achieving a settlement agreement
C-549/14, [2016] EUECJ C-549/14, ECLI:EU:C:2016:634
Bailii
European
Updated: 22 January 2022; Ref: scu.569045
(Advocate General’s Opinion) VAT – Special scheme for travel agents
Sharpston AG
C-236/11, [2013] EUECJ C-236/11 – O
Bailii
European, VAT
Updated: 22 January 2022; Ref: scu.569023
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public sector – stabilization procedure – Recruitment workers employed for a fixed term as statutory public servants without competition – Determination of seniority – Total lack of consideration of periods of service under fixed-term employment contracts – Principle no discrimination
C-393/11, [2013] EUECJ C-393/11 – CO, ECLI:EU:C:2013:143
Bailii
Cited by:
Order – Autorita per l’energia elettrica e il gas v Bertazzi (Order 2) ECJ 7-Mar-2013
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 22 January 2022; Ref: scu.569022
(Advocate General’s Opinion) VAT – Special scheme for travel agents
Sharpston AG
ECLI:EU:C:2013:375, [2013] EUECJ C-193/11 – O
Bailii
European
Updated: 22 January 2022; Ref: scu.569024
(Order) Appeal – European Union trade mark – No need to adjudicate
C-363/15, [2016] EUECJ C-363/15 – CO, ECLI:EU:C:2016:595
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569008
Opinion – Request for a preliminary ruling – Citizenship of the European Union – First paragraph of Article 18 TFEU and Article 21(1) TFEU – Request for the extradition to Russia of a national of one Member State present on the territory of another Member State – Refusal of a Member State to extradite its own nationals – Difference in treatment on the ground of nationality – Whether justified – Combating impunity – Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union
Bot AG
C-182/15, [2016] EUECJ C-182/15 – O, [2016] EUECJ C-182/15
Bailii, Bailii
Charter of Fundamental Rights of the European Union 19(2)
European, Human Rights
Updated: 22 January 2022; Ref: scu.569007
(Order) Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community word mark – Word mark KENZO ESTATE – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Regulation (EC) No 207/2009 – Article 8(5) – Partial rejection of the opposition
C-87/16, [2016] EUECJ C-87/16 – CO, ECLI:EU:C:2016:592
Bailii
European, Intellectual Property
Updated: 22 January 2022; Ref: scu.569009
ECJ (Grand Chamber) Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
[2010] EUECJ C-358/07
Bailii
Citing:
Opinion – Markus Stoss (Free Movement Of Persons) C-358/07 ECJ 4-Mar-2010
(Opnion) Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual recognition . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.568899
Europa Failure of a Member State to fulfil obligations Judgment of the Court finding that the Hellenic Republic failed to comply with Articles 28 EC, 43 EC and 49 EC and Article 8 of Directive 93/34/EC Non’implementation Article 228 EC Pecuniary penalties.
C-109/08, [2009] EUECJ C-109/08 – O, [2009] EUECJ C-109/08
Bailii, Bailii
European
European
Updated: 22 January 2022; Ref: scu.322755
(External Relations – Judgment) Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Extension of the registration of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defense – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Exception of ‘illegality’
T-165/18, [2020] EUECJ T-165/18
Bailii
European
European
Updated: 22 January 2022; Ref: scu.654788
Order
T-310/03
European
European
Updated: 22 January 2022; Ref: scu.219046
Appeal – Civil service – Contract staff – Pensions – Transfer to the Union pension scheme of pension rights previously acquired under national schemes – Damage resulting from the allegedly insufficient information provided to the applicants by the AHCC when the transmission of the proposals for bonuses relating to them – Dismissal of the action for compensation at first instance – Article 77, fourth paragraph, of the Staff Regulations – Pecuniary damage
T-702/16, [2018] EUECJ T-702/16P
Bailii
European
Employment
Updated: 22 January 2022; Ref: scu.622551
ECJ Failure of a Member State to fulfil obligations – Freedom of establishment – Article 43 EC – National legislation concerning the establishment of shopping centres in Catalonia – Restrictions – Justifications – Proportionality
[2011] 2 CMLR 50, [2011] EUECJ C-400/08, [2011] ECR I-1915
Bailii
European
European
Updated: 22 January 2022; Ref: scu.568729
ECJ Articles 43 EC and 49 EC – Freedom of establishment – Freedom to provide services – Organisation of bets on sporting competitions subject to a public monopoly at Land level – Objective of preventing incitement to squander money on gambling and combating gambling addiction – Proportionality – Restrictive measure to be genuinely aimed at reducing opportunities for gambling and limiting gambling activities in a consistent and systematic manner – Advertising emanating from the holder of the monopoly and encouraging participation in lotteries – Other games of chance capable of being offered by private operators – Expansion of the supply of other games of chance – Licence issued in another Member State – No mutual recognition obligation
V. Skouris, P
[2010] EUECJ C-410/07
Bailii
Citing:
Opinion – Markus Stoss C-410/07 ECJ 4-Mar-2010
ECJ (Free Movement Of Persons) Opinion – Freedom to provide services – Gambling – Consistency of national policy regarding games – organization of activity of sports paris subject to authorization – Mutual . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 January 2022; Ref: scu.568753
ECJ Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments – Definition of ‘civil and commercial matters’ – Recognition and enforcement of an order imposing a fine – Directive 2004/48/EC – Intellectual property rights – Infringement of those rights – Measures, procedures and remedies – Sentence – Exequatur procedure – Related legal costs
[2011] EUECJ C-406/09, [2012] Bus LR 1825, ECLI:EU:C:2011:668
Bailii
Regulation (EC) No 44/2001, Directive 2004/48/EC
Citing:
Opinion – Realchemie Nederland v Bayer Cropscience Ag ECJ 5-Apr-2011
ECJ (Area Of Freedom, Security And Justice) Jurisdiction and Enforcement – Definition of ‘civil and commercial matters – Recognition and enforcement of a decision imposing a fine calendar – Directive 2004/48/EC – . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 21 January 2022; Ref: scu.568161
Order – Junction
[2011] EUECJ F-83/10
Bailii
Cited by:
See Also – Giannakouris v Commission ECJ 5-Jun-2012
ECJ Public service – Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Deduction of an allowance of like nature received from another . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 January 2022; Ref: scu.568015
‘This appeal requires us to consider the meaning of the concepts of ‘damage’ and ‘environmental damage’ in Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage’
Laws, King, Lindblom LJJ
[2016] EWCA Civ 797
Bailii
England and Wales
Environment, European
Updated: 20 January 2022; Ref: scu.567950
The claimant sought damages alleging the infringement of European Regulations prohibiting commercial cartels.
Morgan J
[2016] EWHC 1980 (Ch)
Bailii
England and Wales
Commercial, European
Updated: 20 January 2022; Ref: scu.567845
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of Directive 2005/85 – Application by a third country national for refugee status – Failure to provide reasons justifying the grant of international protection – Application rejected under an accelerated procedure – No remedy against the decision to deal with the application under an accelerated procedure – Right to effective judicial review
The Procedures Directive lays down minimum standards. Article 39 requires Member States to ensure that applicants have the right to ‘an effective remedy’, not that they should have the most effective remedy.
[2011] EUECJ C-69/10, [2012] 1 CMLR 8, ECLI:EU:C:2011:524
Bailii
Directive 2005/85/EC
Citing:
Opinion – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 1-Mar-2011
ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the . .
Cited by:
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.
European, Immigration
Updated: 20 January 2022; Ref: scu.567850
ECJ (Judgment) Preliminary reference – Customs Union – Common Customs Tariff – Regulation for temporary admission of duty – Regulation (EEC) No 2454/93 – Conditions set for total relief from import duties – Affected conveyances air navigation, registered outside the customs territory of the Union and used by a person established outside that territory – Article 555, paragraph 1 a) – Commercial use – Definition – Using a helicopter school aviation to pay training flights, flown by an instructor and a student – Excluded
ECLI:EU:C:2016:615, [2016] EUECJ C-80/15
Bailii
European
European
Updated: 20 January 2022; Ref: scu.567789
ECJ (Judgment) Appeal – Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it – List of persons, groups and entities covered by the freezing of funds and economic resources – Inclusion of the appellants’ names
ECLI:EU:C:2016:601, [2016] EUECJ C-330/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567791
ECJ (Judgment) Preliminary reference – Electronic communications networks and services – Directive 2002/21/EC – Article 3 – Impartiality and independence of national regulatory authorities – Directive 2002/20/EC – Article 12 – Administrative charges – Submission of a national regulatory authority to provisions for public finances as well as provisions limiting and rationalizing government expenditure
ECLI:EU:C:2016:608, [2016] EUECJ C-240/15
Bailii
Directive 2002/21/EC 3, Directive 2002/20/EC 12
European
European
Updated: 20 January 2022; Ref: scu.567782
ECJ (Judgment) Preliminary reference – urgent preliminary ruling procedure – police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – Article 26, paragraph 1 – European arrest warrant – Effects of discount – Deduction of the period of detention received in the executing member State – Definition of ‘detention’ – restrictive measures other than imprisonment freedom – House Arrest matching of wearing an electronic bracelet – Charter of fundamental rights of the European Union – Articles 6 and 49
C-294/16, [2016] EUECJ C-294/16, ECLI:EU:C:2016:610
Bailii
European
Updated: 20 January 2022; Ref: scu.567785
ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – National measure incompatible with EU law – Legal consequences – Power of the national court to maintain certain effects of that measure provisionally – Third paragraph of Article 267 TFEU – Obligation to make a reference to the Court for a preliminary ruling
C-379/15, [2016] EUECJ C-379/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567780
ECJ (Judgment) Action for annulment – The European Union’s external relations – Access by the Swiss Confederation to the internal market – The Swiss Confederation’s financial contribution to economic and social cohesion in an enlarged Union – Memorandum of Understanding on a financial contribution by the Swiss Confederation to the Member States which acceded to the Union as a result of the 2004 enlargement – Enlargement of the Union to include the Republic of Croatia – Addendum to the Memorandum of Understanding concerning a financial contribution by the Swiss Confederation for the Republic of Croatia – Addendum signed by the European Commission on behalf of the European Union without the prior approval of the Council of the European Union – Powers – Article 13(2), Article 16(1) and (6) and Article 17(1) TEU – Principles of allocation of powers, institutional balance and sincere cooperation
ECLI:EU:C:2016:616, [2016] EUECJ C-660/13
Bailii
European
European
Updated: 20 January 2022; Ref: scu.567783
ECJ Judgment – Economic and monetary policy – ECB – Action for annulment – Eurosystem Oversight Policy Framework – Challengeable act – Admissibility – Oversight of payment and securities settlement systems – Application to central counterparty clearing systems of a requirement to be located in a Member State party to the Eurosystem – Competence of the ECB
M. Prek (Rapporteur), P
T-496/11, [2015] EUECJ T-496/11, ECLI:EU:T:2015:133
Bailii
European
European
Updated: 20 January 2022; Ref: scu.543883
ECJ Judgment – Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 8543, 9018 and 9019 – Laser and ultrasonic appliances and their parts and accessories
C-547/13, [2015] EUECJ C-547/13
Bailii
Regulation (EEC) No 2658/87
European
Customs and Excise
Updated: 20 January 2022; Ref: scu.543881
The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise the dangers was culpable. Under the Convention they had to establish that the injuries constituted accidents.
Held: The injuries were not accidents. The test was set out in Morris, namely ‘a simple criterion of causation by an accident’. An accident is ‘an unexpected or unusual event or happening that is external to the passenger’ (Saks). There was nothing in the respective flights which satisfied these tests. Article 17 was not fault based, nor was any theory of risk allocation to be applied, and the Convention was the exclusive remedy. Neither Human Rights law nor European regulations provided alternative remedies.
Nelson J
Times 17-Jan-2003, [2002] EWHC 2825 (QB)
Bailii
Warsaw Convention on International Carriage by Air 1929 17, Carriage by Air Act 1961, EC Regulation 2027/97/EC on air carrier liability in the event of accidents, European Convention on Human Rights 6 8
England and Wales
Citing:
Cited – King v Bristow Helicopters Ltd; Morris v KLM Royal Dutch Airlines HL 28-Feb-2002
Psychiatric Injury under Warsaw Convention
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
Cited – Air France v Saks 1985
(United States Supreme Court) The claimant suffered damage to and become permanently deaf in one ear as a result of pressurisation changes while the aircraft descended to land. The pressure system had worked normally. The airline said that the . .
See Also – Deep Vein Thrombosis and Air Travel Group Litigation, Re CA 3-Jul-2002
Group litigation between the appellant passengers and the respondent carriers. Most of the passengers allege that they have suffered deep vein thrombosis leading to serious injury, as a result of travelling in the carriers’ aircraft. In some . .
Cited by:
Appeal from – In re Deep Vein Thrombosis and Air Travel Group Litigation CA 3-Jul-2003
Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages.
Held: The claim in its nature was for something unrelated to any particular event. The word ‘accident’ necessitated some sort . .
At first instance – Deep Vein Thrombosis and Air Travel Group Litigation HL 8-Dec-2005
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents.
Held: The claimants’ appeal failed. The definition of . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Transport, European, Human Rights, Litigation Practice
Updated: 20 January 2022; Ref: scu.178701
Officials – Statement of reasons – Action for annulment – Action for damages.
T-378/00, [2002] EUECJ T-378/00
Bailii
European
European
Updated: 20 January 2022; Ref: scu.178747
(EU Trade Mark – Judgment) European Union trade mark – Application for a figurative European Union trade mark representing a lion’s head encircled by rings forming a chain – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b), of Regulation (EU) 2017/1001
T-331/19, [2020] EUECJ T-331/19
Bailii
European
European
Updated: 20 January 2022; Ref: scu.654810
(Radiation – Order)
C-218/18, [2020] EUECJ C-218/18_CO
Bailii
European
European
Updated: 20 January 2022; Ref: scu.654801
(Judgment) Failure of State to fulfill obligations – Directive 2011/7 / EU – Combating late payment in commercial transactions – Commercial transactions where the debtor is a public authority – Obligation of the Member States to ensure that the time limit for payment granted to the authorities public does not exceed 30 or 60 days – Obligation of result
C-122/18, [2020] EUECJ C-122/18
Bailii
European
European
Updated: 20 January 2022; Ref: scu.654685
External Relations – Judgment
T-172/18, [2020] EUECJ T-172/18
Bailii
European
European
Updated: 20 January 2022; Ref: scu.654749
lipECJ (Judgment) Civil service – Staff of the EIB – Health Insurance – Refund Refusal of medical expenses – laser therapy – scientific validity Failure Treatment – Procedures for appointment of an independent doctor – Order of competent doctors – Opinion of the independent doctor – Scope of judicial review – Grounds for refusing reimbursement – internal provisions governing health insurance – Objective of laser therapy – lenitive effects on pain – prior authorization of the medical adviser – pecuniary – premature conclusions – moral prejudice – Amount not stated – Inadmissible ‘
ECLI:EU:F:2016:166, [2016] EUECJ F-82/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567407
(Judgment) Failure to fulfill obligations – Protection of the environment – Directive 2006/21 / EC – Waste management – Mining – settling basins – Dust emission – fine particles of suspended dust in the air – Pollution – Health people – mandatory preventive measures – Articles 4 and 13 – Findings of the existence of a breach
ECLI:EU:C:2016:581, [2016] EUECJ C-104/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567405
ECJ (Judgment) Public service – Officials – Certification procedure – Fiscal 2014 – Non-inclusion of the applicant on the list of officials selected to take part in the training program – Article 45 bis of the Statute
ECLI: EU:F:2016:171, [2016] EUECJ F-1/16
Bailii
European
Updated: 20 January 2022; Ref: scu.567418
(Judgment) Public service – Officials – Promotion year 2014 – Article 45, paragraph 1, of the Statute – Comparison of merits – Staff reports 2011 and 2012 – Absence of several months due to maternity in 2013 – Staff report lacks any substantial appreciation for the year – Decision not to promote the appellant in 2014 – Obligation to state reasons – Consideration of comparative merits – no recommendation of the Joint Promotions Committee – Access to computerized personal file of the applicant – Composition of the Joint Promotions Committee – discrimination based on sex – pecuniary damage
F-125/15, [2016] EUECJ F-125/15
Bailii
European
Updated: 20 January 2022; Ref: scu.567411
(Judgment) Request for a preliminary ruling – State aid – Aid scheme in the form of reductions in environmental taxes – Regulation (EC) No 800/2008 – Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify – Mandatory nature of the conditions for exemption – Article 3(1) – Express reference to that regulation in the aid scheme
ECLI:EU:C:2016:577, [2016] EUECJ C-493/14
Bailii
Regulation (EC) No 800/2008
European
Updated: 20 January 2022; Ref: scu.567408
ECJ (Judgment) Non-contractual liability – Refusal to extend the deadline for removal of the skimmed milk powder in the food distribution program for the most deprived persons in the Union for the year 2010 – Sufficiently serious breach of a rule of law intended to confer rights on individuals
T-832/14, [2016] EUECJ T-832/14, ECLI:EU:T:2016:428
Bailii
European, Consumer
Updated: 20 January 2022; Ref: scu.567414
(Judgment (Extracts)) Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Restriction on admission – Cancellation of prior acts by a judgment of the Court – New actions include the applicant’s name on the lists – manifest error of assessment – Right to property – Proportionality – Presumption of innocence – non-contractual liability
ECLI:EU:T:2016:429, [2016] EUECJ T-790/14
Bailii
European
Updated: 20 January 2022; Ref: scu.567410
ECJ (Judgment) Reference for a preliminary ruling – Competition – Article 101(1) TFEU – Purely internal situation – Application of analogous national rules – Jurisdiction of the Court – Concerted practice – Liability of an undertaking for the acts of a service provider – Conditions
T von Danwitz, P
C-542/14, [2016] EUECJ C-542/14, [2016] WLR(D) 410, ECLI:EU:C:2016:578
Bailii, WLRD
TFEU 101(1)
European, Commercial
Updated: 20 January 2022; Ref: scu.567419