Category: European

CC v Parliament: ECJ 21 Jul 2016

ECJ (Judgment) Public service – Referral to the Court after annulment – Action for damages – Non-contractual liability – Fouls committed in the management of the list of suitable candidates – Open competition – Notice of competition EUR / A / 151/98 – Equal treatment – Measures to execution of the judgment [confidential] 1 confidential information omitted. – Survey of the European Ombudsman

F-9/12, [2016] EUECJ F-9/12, ECLI:EU:F:2016:165
Bailii

European

Updated: 20 January 2022; Ref: scu.567404

Ogrodnik v EUIPO – Aviario Tropical (Tropical): ECFI 21 Jul 2016

(Judgment) EU trade mark – Invalidity proceedings – EU figurative mark Tropical – Earlier national word mark TROPICAL – Relative ground for refusal – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Extent of the applicant’s rights under national law – Coexistence of the marks – Obligation to state reasons – Article 75 of Regulation No 207/2009

T-804/14, [2016] EUECJ T-804/14
Bailii
Regulation No 207/2009 75

European, Intellectual Property

Updated: 20 January 2022; Ref: scu.567415

De Nicola v EIB F-82/15: ECJ 21 Jul 2016

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

Commission v Romania – C-104/15: ECJ 21 Jul 2016

(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

HB v Commission: ECJ 21 Jul 2016

(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

Dilly’s Wellnesshotel GmbH v Finanzamt Linz: ECJ 21 Jul 2016

(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

Argos Supply Trading: ECJ 21 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Customs union – Common Customs Tariff – Customs procedures with economic impact – Outward processing — Regulation (EEC) No 2913/92 — Article 148(c) – Issue of authorisation – Economic conditions – Absence of serious harm to the essential interests of Community processors – Concept of ‘Community processors’

ECLI:EU:C:2016:580, [2016] EUECJ C-4/15
Bailii
Regulation (EEC) No 2913/92 148(c)

European

Updated: 20 January 2022; Ref: scu.567401

Apple and Pear Australia and Star Fruits Diffusion v EUIPO: ECJ 21 Jul 2016

ECJ (Judgment) Appeal – EU trade mark – Application for EU word mark English pink – Opposition by the proprietor of the word mark PINK LADY and the figurative marks including the word elements ‘Pink Lady’ – Opposition dismissed – Decision of an EU trade mark court – Alteration – Res judicata

ECLI:EU:C:2016:582, [2016] EUECJ C-226/15
Bailii
European

Intellectual Property

Updated: 20 January 2022; Ref: scu.567400

AV v Commission: ECJ 21 Jul 2016

ECJ (Judgment) Public service – Temporary staff – Engagement – Medical examination prior commitment – Incomplete reports during the medical examination – Medical Reserve – Retroactive application of medical reserve – Non-eligibility for disability allowance – Cancellation – enforcement of a judgment of the Tribunal

F-91/15, [2016] EUECJ F-91/15
Bailii

European

Updated: 20 January 2022; Ref: scu.567402

Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA): ECJ 23 Dec 2009

ECJ Directive 2003/6 Insider dealing – Use of inside information – Sanctions – Conditions

[2009] EUECJ C-45/08
Bailii
Citing:
Preliminary Ruling – Spector Photo Group and Van Raemdonck v Commissie voor het Bank, Financie en Assurantiewezen (CBFA) ECJ 10-Sep-2009
ECJ (Approximation Of Laws) Opinion – Insider trading Using inside information Directive 2003/6 / EC . .

Lists of cited by and citing cases may be incomplete.

European, Financial Services

Updated: 20 January 2022; Ref: scu.567370

Stips v Commission: ECJ 19 Jul 2016

ECJ (Judgment) Public service – Temporary staff paid on the research and investment appropriations – Article 2 d) of the CEOS – Permanent contract – Reclassification to a higher grade – Reclassification exercise 2013 – Accounting year after 1 January 2014 – Entry into force of Regulation No 1023/2013 – access Arrangements to grade AD 13 – Application by analogy of Article 45, paragraph 1 and Annex I, section A, point 1, status – reclassification Refusal of a temporary agent at grade AD 12 – Calling a reclassification – Principles of legal certainty and non-retroactivity – the right to good administration

ECLI:EU:F:2016:154, [2016] EUECJ F-131/15
Bailii
European

European

Updated: 20 January 2022; Ref: scu.567330

HG v Commission: ECJ 19 Jul 2016

ECJ (Judgment) Public service – Officials – Officials serving in a third country – Accommodation provided by the administration – Obligation to reside – Disciplinary proceedings – Disciplinary measure – Article 9, paragraph 1 c) of Annex IX status – step advances suspension – Damages – Article 22 of the Statute

ECLI:EU:F:2016:155, [2016] EUECJ F-149/15
Bailii
European

European

Updated: 20 January 2022; Ref: scu.567325

Earlie v Parliament: ECJ 19 Jul 2016

ECJ (Judgment) Civil service – Official – Former official – Sums deducted from his retirement pension – Maintenance payable to the ex-wife of the former official – Attachment order adopted by a national court – Attachment order discharged- New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife – Instructions to that effect by the former official – Subsequent instructions from the former official to cease the payments to his ex-wife – Parliament’s refusal to execute the instructions – Family law – Exclusive jurisdiction of the national court – Duty of sincere cooperation

F-130/14, [2016] EUECJ F-130/14
Bailii
European

European

Updated: 20 January 2022; Ref: scu.567321

H v Council And Others: ECJ 19 Jul 2016

EJ (Judgment) Appeal – Common foreign and security policy (CFSP) – Decision 2009/906/CFSP – European Union Police Mission (EUPM) in Bosnia and Herzegovina – National staff member on secondment – Redeployment in a regional office of that mission – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 TFEU – Actions for annulment and compensation – Jurisdiction of the EU judicature – Article 263 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU

C-455/14, [2016] EUECJ C-455/14
Bailii
European

European

Updated: 20 January 2022; Ref: scu.567323

Opreana v Commission: ECJ 19 Jul 2016

ECJ (Judgment) Public service – Temporary staff – Temporary agent occupying a permanent post – Non-renewal of a fixed term contract – State of pregnancy – Act adversely affecting – Lack of the author of the act adversely affecting – Right to be heard – Duty of care

ECLI:EU:F:2016:153, [2016] EUECJ F-67/15
Bailii
European

European

Updated: 20 January 2022; Ref: scu.567329

National Grid Electricity Transmission Plc v ABB Ltd and Others: ChD 11 Apr 2013

The claimant sought damages after alleging activities of an anti-competitive cartel operated by the several defendants. The court considered the effect of the French law providing potentially substantial follow-on damages for such activities.

Roth J
[2013] EWHC 822 (Ch)
Bailii
England and Wales

European, Commercial

Updated: 20 January 2022; Ref: scu.472543

Wroclaw – Miasto Na Prawach Powiatu v Minister Infrastruktury i Rozwoju: ECJ 14 Jul 2016

(Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Public works contracts – Regularity of the obligation imposed on tenderers to perform a certain percentage of the contract without using subcontractors – Regulation (EC) No 1083/2006 – General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund – Obligation for the Member States to carry out a financial correction in relation to the irregularities identified – Concept of ‘irregularity’ – Need for a financial correction in the event of infringement of EU law on public procurement

C-406/14, [2016] EUECJ C-406/14, ECLI:EU:C:2016:562
Bailii
Directive 2004/18/EC, Regulation (EC) No 1083/2006

European

Updated: 19 January 2022; Ref: scu.566913

Verband Sozialer Wettbewerb eV v Innova Vital GmbH: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Regulation (EC) No 1924/2006 – Nutrition and health claims made on foods – Article 1(2) – Scope – Foods to be delivered as such to the final consumer – Claims made in a commercial communication addressed exclusively to health professionals

ECLI:EU:C:2016:563, [2016] EUECJ C-19/15
Bailii

European, Consumer

Updated: 19 January 2022; Ref: scu.566911

Volkswagen v EUIPO (Connectedwork): ECFI 14 Jul 2016

ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union ConnectedWork – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) and Article 75 of Regulation (EC) No 207 / 2009 – Obligation to state reason

ECLI:EU:T:2016:407, [2016] EUECJ T-491/15
Bailii
European

Intellectual Property

Updated: 19 January 2022; Ref: scu.566912

Sprengen v Pakweg Douane: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Headings 8471 and 8521 – Explanatory notes – Agreement on trade in information technology products – ‘Screenplays’

ECLI:EU:C:2016:556, [2016] EUECJ C-97/15
Bailii
European

Customs and Excise

Updated: 19 January 2022; Ref: scu.566908

Tns Dimarso NV v Vlaams Gewest: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Public supply contracts – Directive 2004/18/EC – Article 53(2) – Award criteria – Most economically advantageous tender – Method of evaluation – Weighting rules – Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria – Scope of the obligation

ECLI:EU:C:2016:555, [2016] EUECJ C-6/15
Bailii

European

Updated: 19 January 2022; Ref: scu.566910

Promoimpresa srl v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Public contracts and freedom of establishment – Article 49 TFEU – Directive 2006/123/EC – Article 12 – Concessions of State-owned maritime, lakeside and waterway property of an economic interest – Automatic extension – Lack of tender procedure

ECLI:EU:C:2016:558, [2016] EUECJ C-458/14
Bailii
European

Contract

Updated: 19 January 2022; Ref: scu.566906

Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero: ECJ 14 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Article 119 of the EC Treaty (subsequently Article 141 EC) – Directive 75/117/EEC – Equal pay for men and women – Article 1 – Directive 92/85/EEC – Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Article 11(2)(b) and Article 11(3) – National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions – No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005

C-335/15, [2016] EUECJ C-335/15
Bailii
European

Discrimination

Updated: 19 January 2022; Ref: scu.566903

Latvia v Commission T-661/14: ECFI 14 Jul 2016

ECJ (Judgment) AGGF, EAGF and EAFRD – Expenditure excluded from financing – Flat-rate financial correction – Conditionality – Minimum requirements for good agricultural and environmental conditions – Standards – Article 5, paragraph 1, and Annex IV of Regulation (EC) No 1782/2003 – Article 6, paragraph 1 and Annex III of Regulation (EC) No 73/2009

[2016] EUECJ T-661/14, ECLI:EU:T:2016:412
Bailii
European

European

Updated: 19 January 2022; Ref: scu.566899

Sea Handling v Commission: ECJ 14 Jul 2016

ECJ (Judgment) Appeals – Right of public access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4, paragraph 2, third indent – Exceptions to the right of access to documents – incorrect interpretation – obligation to state reasons – Documents relating to a State aid control procedure – Protection of the purpose of inspections, investigations and audits – General Presumption of application of the exception to the right of access to all documents in the administrative file – Scope of presumption of confidentiality – access request to the complaint at the origin of an investigation – Refusal of access – Overriding public interest

ECLI:EU:C:2016:557, [2016] EUECJ C-271/15
Bailii
Regulation (EC) No 1049/2001 4
European

European

Updated: 19 January 2022; Ref: scu.566907

T and S King (A Partnership), Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 12 Jul 2016

Judicial review asking as to the application of the EU Regulation governing a single payment scheme of support to farmers. In outline under the relevant scheme support for farmers was no longer linked to a farmer’s scale of production. There was an initial once-and-for-all allocation of entitlements to payment at the beginning of the scheme in 2007. Once distributed, entitlements became a form of property rights distinct from the underlying farmland or farming rights from which they originally derived. A farmer’s entitlement to payment was denominated in so many hectares in any year and he had to activate that entitlement by declaring that he was carrying on agricultural activity on specific agricultural land at a specific point in the year. Farmers could sell entitlement, to other farmers, without selling the land or rights from which they originally derived. There was no provision allowing redistribution of those entitlements as the scheme progressed to reflect actual use being made of the land or rights to which they originally related, the relevant mechanism for changes being the market

Cranston J
[2016] EWHC 1692 (Admin)
Bailii
England and Wales

European, Agriculture

Updated: 19 January 2022; Ref: scu.566886

Modas Cristal v EUIPO – Zorlu Tekstil A Urunleri Pazarlama (Kristal): ECFI 14 Jul 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – Application for figurative mark of the European Union KRISTAL – Earlier national word and figurative marks MODAS CRISTAL and CRISTAL home – Likelihood of confusion – Article 8 paragraph 1 b) Regulation (EC) No 207/2009

ECLI:EU:T:2016:405, [2016] EUECJ T-345/15
Bailii
European

European, Intellectual Property

Updated: 19 January 2022; Ref: scu.566900

Monster Energy v EUIPO – Mad Catz Interactive (Representation D’Un Carrae Noir Avec Quatre Lignes Blanches): ECFI 14 Jul 2016

(Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark representing a black square with four white lines – Earlier EU figurative mark representing three claws positioned vertically – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:408, [2016] EUECJ T-567/15
Bailii

European, Intellectual Property

Updated: 19 January 2022; Ref: scu.566902

Monster Energy v EUIPO – Mad Catz Interactive (Mad Catz): ECFI 14 Jul 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark MAD CATZ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

ECLI:EU:T:2016:409, [2016] EUECJ T-429/15
Bailii

European, Intellectual Property

Updated: 19 January 2022; Ref: scu.566901

Hoszig Kft v Alstom Power Thermal Services: ECJ 7 Jul 2016

(Judgment) Reference for a preliminary ruling – Jurisdiction clause – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Clause inserted in the general conditions – Consent of the parties to those conditions – Validity and precision of such a clause)

ECLI:EU:C:2016:525, [2016] EUECJ C-222/15
Bailii
Regulation (EC) No 44/2001

European

Updated: 19 January 2022; Ref: scu.566727

Muladi v Krajsky urad Moravskoslezskeho kraje: ECJ 7 Jul 2016

(Judgment) Reference for a preliminary ruling – Transport – Directive 2003/59/EC – Obligation to obtain an initial qualification – Article 4 – Acquired rights – Holders of driving licences issued before the dates laid down in Article 4 – Exemption from the obligation to obtain an initial qualification – National legislation setting an additional requirement for periodic training of 35 hours duration in order to benefit from that exemption

C-447/15, [2016] EUECJ C-447/15
Bailii

European

Updated: 19 January 2022; Ref: scu.566729

Lebek v Janusz Domino: ECJ 7 Jul 2016

ECJ (Judgment) Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(2) – Defendant not entering an appearance – Recognition and enforcement of judgments – Grounds for refusing enforcement – Document instituting proceedings not served on the defendant in sufficient time – Concept of ‘proceedings to challenge a judgment’ – Application for relief – Regulation (EC) No 1393/2007 – Article 19(4) – Service of judicial and extrajudicial documents – Period within which an application for relief may be submitted)

ECLI:EU:C:2016:524, [2016] EUECJ C-70/15
Bailii
Regulation (EC) No 44/2001 34(2)

European

Updated: 19 January 2022; Ref: scu.566728

Obcina Gorje v Republika Slovenija: ECJ 7 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Common agricultural policy – Regulation (EC) No 1698/2005 – Regulation (EU) No 65/2011 – Financing by the EAFRD – Support for rural development – Rules on eligibility of operations and expenditure – Temporal condition – Complete exclusion – Reduction of the aid

ECLI:EU:C:2016:532, [2016] EUECJ C-111/15
Bailii

European, Agriculture

Updated: 19 January 2022; Ref: scu.566730

Fruit of The Loom v EUIPO – Takko (Fruit): ECFI 7 Jul 2016

(Judgment) EU trade mark – Revocation proceedings – EU word mark FRUIT – Genuine use of a mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 – External use of the mark

ECLI:EU:T:2016:395, [2016] EUECJ T-431/15
Bailii

European, Intellectual Property

Updated: 19 January 2022; Ref: scu.566725

Copernicus-Trademarks v EUIPO – Maquet (Luceo): ECFI 7 Jul 2016

ECJ (Judgment) European Union trade mark – Proceedings for a declaration of invalidity – European Union word mark LUCEO – Absolute ground for refusal – Bad faith during the filing of the application for registration – Article 52(1)(b) of Regulation (EC) No 207/2009

G. Berardis, P
ECLI:EU:T:2016:396, [2016] EUECJ T-82/14
Bailii
Regulation (EC) No 207/2009 52(1)(b)

European, Intellectual Property

Updated: 19 January 2022; Ref: scu.566724

Ambisig v AICP: ECJ 7 Jul 2016

ECJ (Judgment) References for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 48(2)(a)(ii), second indent – Technical abilities of economic operators – Direct effect – Means of evidence – Hierarchical relationship between the private purchaser’s certification and the tenderer’s unilateral declaration – Principle of proportionality – Prohibition on introducing substantive changes to the means of evidence provided for

ECLI:EU:C:2016:530, [2016] EUECJ C-46/15
Bailii
Directive 2004/18/EC

European

Updated: 19 January 2022; Ref: scu.566722

Cargill v Produktschap voor Margarine, Vetten en Olien: ECJ 20 Jun 1991

ECJ 1. Subsidies for oil seeds granted pursuant to Article 27(1) of Regulation No 136/66 are in breach of that provision whenever the actual amount of those subsidies exceeds the difference between the target price and the world market price for a particular species. It follows that Regulation No 735/85 fixing the amount of the subsidy in that sector is invalid in so far as it uses an incorrect exchange rate for converting the ECU into the currency of the processing country and, as a result, fixes the final aid at a level which exceeds the difference between those two prices.
2. While it must be acknowledged that any Community institution which establishes that a measure which it has just adopted is tainted with illegality has the right to withdraw it within a reasonable period, with retroactive effect, that right may be restricted by the need to fulfil the legitimate expectations of a beneficiary of the measure, who has been led to rely on the lawfulness thereof.
The withdrawal of a measure vitiated by a manifest error which cannot have escaped the attention of the traders concerned, carried out less than three months after a judgment of the Court has revealed the need for it, is not open to criticism in the light of the above requirements.

Mancini P
C-365/89, [1991] EUECJ C-365/89
Bailii
European

European

Updated: 19 January 2022; Ref: scu.160390

Mt Hojgaard And Zublin v Banedanmark: ECJ 24 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Procurement procedure in railway infrastructure sector – Negotiated procedure – Directive 2004/17/EC – Article 10 – Article 51(3) – Principle of equal treatment of tenderers – Group composed of two companies and admitted as such as a tenderer – Tender submitted by one of the two companies, in its own name, the other company having been declared insolvent – Company considered to be capable, by itself, of being admitted as a tenderer – Contract awarded to that company

C-396/14, [2016] EUECJ C-396/14, ECLI:EU:C:2016:347
Bailii
TFEU 267
European

Jurisdiction

Updated: 19 January 2022; Ref: scu.564890

Mozzetti v EUIPO – Di Lelio (Alfredo Alla Scrofa): ECFI 6 Jul 2016

ECJ Judgment – Mark of the European Union – Invalidity proceedings – the figurative mark EU Alfredo alla Scrofa – Earlier national word mark THE ORIGINAL ALFREDO – Request for proof of use – Article 57, paragraph 2 of Regulation (EC) No 207/2009 – relative ground for refusal – Article 8, paragraph 1 b) of Regulation No 207/2009

ECLI: EU: T: 2016 394, [2016] EUECJ T-96/15
Bailii

European, Intellectual Property

Updated: 18 January 2022; Ref: scu.566589

Mozzetti v EUIPO – Di Lelio (Alfredo’s Gallery Alla Scrofa Roma): ECFI 6 Jul 2016

ECJ (Judgment) Mark of the European Union – Invalidity proceedings – the figurative mark EU ALFREDO’S GALLERY alla Scrofa Roma – Earlier national word mark THE ORIGINAL ALFREDO – Request for proof of use – Article 57, paragraph 2 of Regulation ( EC) No 207/2009 – relative ground for refusal – Article 8, paragraph 1 b) of Regulation No 207/2009

ECLI: EU:T:2016:393, [2016] EUECJ T-97/15
Bailii

European, Intellectual Property

Updated: 18 January 2022; Ref: scu.566590

Ognyanov: ECJ 5 Jul 2016

ECJ (Judgment) (Grand Chamber) Reference for a preliminary ruling – Article 267 TFEU – Article 94 of the Rules of Procedure of the Court – Content of a request for a preliminary ruling – National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for a preliminary ruling when setting out the factual and legal context – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 and Article 48(1)

K. Lenaerts, P
C-614/14, [2016] EUECJ C-614/14
Bailii
TFEU 267, Charter of Fundamental Rights of the European Union 47 48(1)

European, Human Rights

Updated: 18 January 2022; Ref: scu.566478

Visciano v Istituto nazionale della previdenza soziale: ECJ 16 Jul 2009

ECJ Social policy Protection of workers Insolvency of employer Directive 80/987/EEC Obligation to pay all outstanding claims up to a pre-established ceiling Nature of an employee’s claims against a guarantee institution Limitation period

C.W.A. Timmermans, P
[2009] EUECJ C-69/08 – O, ECLI:EU:C:2009:468, C-69/08
Bailii
Directive 80/987/EEC
Citing:
Opinion – Visciano v Istituto nazionale della previdenza soziale ECJ 2-Apr-2009
ECJ Social policy Approximation of laws Protection of employees in the event of employer insolvency – Directive 80/987 / EEC Obligation to pay claims arising from an employment relationship within the limit of a . .

Lists of cited by and citing cases may be incomplete.

European, Insolvency, Employment

Updated: 18 January 2022; Ref: scu.566480

Orange Business Belgium v Commission: ECFI 4 Jul 2016

ECJ (Judgment) Public service contracts – Tender procedure – Provision of ‘Trans-European Services for Telematics between Administrations – new generation (TESTAing)’ – Rejection of a tenderer’s bid – Award of the contract – Transparency – Equal treatment – Non-discrimination – Obligation to state reasons

T-349/13, [2016] EUECJ T-349/13
Bailii

European, Utilities

Updated: 18 January 2022; Ref: scu.566479

Papierfabrik August Koehler v Commission (Competition): ECJ 3 Sep 2009

ECJ Appeals – Agreements, decisions and concerted practices – Carbonless paper Inconsistency between the statement of objections and the contested decision Infringement of the rights of the defence – Consequences Distortion of the clear sense of the evidence Participation in the infringement – Duration of the infringement Regulation No 17 Article 15(2) Guidelines on the method of setting fines Principle of equal treatment Principle of proportionality Obligation to state the reasons on which the decision is based Reasonable period for duration of proceedings before the Court of First Instance

[2009] EUECJ C-322/07
Bailii
European
Citing:
Opinion – Papierfabrik August Koehler v Commission (Competition) C-322/07 ECJ 2-Apr-2009
ECJ Appeals – Agreements – Carbonless paper Article 81 EC – Inconsistency between the statement of objections and the decision – Violation of the rights of defense Consequences reasonable length of proceedings . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 18 January 2022; Ref: scu.566224

Commission v Greece C-416/07: ECJ 10 Sep 2009

ECJ Failure of a Member State to fulfil obligations Directives 91/628/EEC and 93/119/EC Regulation (EC) No 1/2005 – Protection of animals during transport and at the time of slaughter or killing Structural and general infringement of Community rules

[2009] EUECJ C-416/07
Bailii
Citing:
Opinion – Commission v Greece C-416/07 ECJ 2-Apr-2009
ECJ Opinion – Failure to fulfill obligations Article 226 EC Directive 91/628 Regulation No 1/2005 Protection of animals during transport and identification transporter authorizations route plans Control . .

Lists of cited by and citing cases may be incomplete.

European, Animals

Updated: 18 January 2022; Ref: scu.566223

Azam and Co Solicitors v Legal Services Commission: CA 10 Sep 2010

Claim a declaration that their exclusion by the Legal Services Commission from a tendering process for the carrying out of publicly funded work in relation to immigration was unlawful.

[2010] EWCA Civ 1194, [2011] Eu LR 131
Bailii
Public Contracts Regulations 2006
England and Wales

Legal Professions, European

Updated: 18 January 2022; Ref: scu.425605

Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo: ECJ 11 Mar 2020

(Judgment) Appeal – State aid – Article 108 (2) TFEU – Investment aid – Operating aid – Airport infrastructure – Public funding granted by the municipalities of Gdynia and Kosakowo for the conversion of the airport of Gdynia-Kosakowo – Decision of the European Commission – Aid incompatible with the internal market – Order to recover the aid – Annulment by the General Court of the European Union – Substantial formality – Procedural rights of the interested parties

C-56/18, [2020] EUECJ C-56/18P, ECLI: EU: C: 2020: 192, [2019] EUECJ C-56/18P_O
Bailii, Bailii
European

European

Updated: 18 January 2022; Ref: scu.654860

WD v EFSA: ECFI 12 Feb 2020

(Staff Regulations of Officials and Conditions of Employment of Other Servants – Judgment) Civil service – Temporary staff – Fixed-term contract – Decision not to reclassify – Lack of evaluation reports – Allocation of reclassification points by deferral – Manifest error of assessment – Decision not to renew – Duty of care – Error manifesto of appreciation – Misuse of powers – Legitimate expectations – Obligation to state reasons – Right to be heard – Liability

T-320/18, [2020] EUECJ T-320/18
Bailii
European

European

Updated: 18 January 2022; Ref: scu.654839

Bonnafous v Commission: ECFI 26 Mar 2020

(Judgment) Access to documents – Regulation (EC) No 1049/2001 – EACEA human resources audit report – Refusal of access – Exception relating to the protection of the objectives of inspection, investigation and audit

T-646/18, [2020] EUECJ T-646/18, ECLI: EU: T: 2020: 120
Bailii
European

European

Updated: 18 January 2022; Ref: scu.654854

Slovenia v Croatia: ECJ 31 Jan 2020

(Principles, Objectives and Tasks of The Treaties – Judgment) Failure to fulfill obligations – Article 259 TFEU – Jurisdiction of the Court – Determination of the common border between two Member States – Frontier dispute between the Republic of Croatia and the Republic of Slovenia – Arbitration agreement – Arbitration procedure – Notification by the Republic of Croatia for its decision to terminate the agreement due to an irregularity which it accuses a member of the arbitral tribunal of having committed – Arbitral award rendered by the arbitral tribunal – Alleged disregard by the Republic of Croatia of the arbitration agreement and the border fixed by the arbitration award – Principle of loyal cooperation – Request to withdraw a document from the file – Protection of legal opinions

C-457/18, [2020] EUECJ C-457/18, [2019] EUECJ C-457/18_O
Bailii, Bailii
European

European

Updated: 18 January 2022; Ref: scu.654735

Bilde v Parliament: ECFI 12 Feb 2020

(Provisions Governing The Institutions – Judgment) Privileges and immunities – Member of Parliament – Decision to waive parliamentary immunity – Manifest error of assessment – Electa una via – Principle non bis in idem – Misuse of powers

T-248/19, [2020] EUECJ T-248/19
Bailii
European

European

Updated: 18 January 2022; Ref: scu.654757

Lithuania v Commission: ECJ 27 Feb 2020

(Judgment) Appeal – EAGGF, EAGF and EAFRD – Expenditure excluded from financing of the European Union – Expenditure incurred by the Republic of Lithuania – Aid for early retirement – Regulation (EC) No 1257/1999 – Article 33 quindecies, paragraph 1 – Denaturing evidence

C-79/19, [2020] EUECJ C-79/19P, ECLI: EU: C: 2020: 129
Bailii
European

European

Updated: 18 January 2022; Ref: scu.654803

Ilunga Luyoyo v Council: ECFI 12 Feb 2020

(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-166/18, [2020] EUECJ T-166/18
Bailii
European

European

Updated: 18 January 2022; Ref: scu.654785

MZ v Revenue and Customs (CHB): UTAA 27 Feb 2020

Family Benefits – European Union Law – Family benefits – father has not claimed child benefit and mother and daughter have never lived in the United Kingdom. Mother does not qualify for family benefits in Poland on account of her income. She does not qualify for child benefit either under domestic law read alone or in conjunction with EU law. Scope of EU family law provisions explained. Slanina decision in European Court of Justice distinguished.

[2020] UKUT 65 (AAC)
Bailii
England and Wales

Benefits, European

Updated: 18 January 2022; Ref: scu.651792

Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 8 Mar 2007

ECJ Common organisation of the markets in the sugar sector Isoglucose Determination of the basic quantities used for the allocation of production quotas Isoglucose produced as an intermediate product Article 24(2) of Regulation (EEC) No 1785/81 Article 27(3) of Regulation (EC) No 2038/1999 Article 1 of Regulation (EC) No 2073/2000 Article 11(2) of Regulation (EC) No 1260/2001 Article 1 of Regulation (EC) No 1745/2002 Article 1 of Regulation (EC) No 1739/2003 – Illegality of a Community measure raised before the national court Reference for a preliminary ruling on validity Admissibility Conditions Inadmissibility of an action for annulment of the Community measure

[2007] EUECJ C-441/05
Bailii
Regulation (EEC) No 1785/81 24(2)
Citing:
Opinion – Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite ECJ 26-Oct-2006
ECJ Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such . .

Lists of cited by and citing cases may be incomplete.

Agriculture, European

Updated: 18 January 2022; Ref: scu.565995

Cyprus Popular Bank Public Co Ltd v Vgenopoulos and Others: QBD 22 Jun 2016

The court was asked: ‘first, whether, in the case of a worldwide freezing order obtained in a foreign jurisdiction, the effect of obtaining an order under Article 38 of the Judgments Regulation (Council Regulation (EC) No. 44/2001 of 22 December 2000) (the ‘Judgments Regulation’) permitting the registration of the worldwide freezing order as a judgment of the Queen’s Bench Division of the High Court of Justice of England and Wales is that the worldwide freezing order becomes immediately effective and fully enforceable or whether it only becomes effective and fully enforceable if there is no appeal brought in respect of the registration order within two months of its being made or, if there is an appeal in that time period, on determination of that appeal; and secondly, whether ‘measures of enforcement’ (as referred to in Article 47.3 of the Judgments Regulation) includes service of the worldwide freezing order on, and/or notification of its terms to, third parties or whether ‘measures of enforcement’ are confined to processes in which the Court is involved in securing enforcement.’

Picken J
[2016] EWHC 1442 (QB)
Bailii

European, Litigation Practice

Updated: 18 January 2022; Ref: scu.565983

JR65, Re Judicial Review: CANI 16 Mar 2016

The appellant challenged the absolute prohibition within the province of the giving of blood by any male who had had sex with another male, saying that the ban was incompatible with European law.
Held: The request for review was refused, but the Minister was requested himself to review the policy in the light of developments since the policy was last considered.

Morgan LCJ
[2016] NICA 20
Bailii
Northern Ireland
Citing:
Appeal from – JR65, Re Judicial Review QBNI 11-Oct-2013
. .
Appeal from – JR65, Re Judicial Review QBNI 8-Jan-2015
. .

Cited by:
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .

Lists of cited by and citing cases may be incomplete.

Health, European

Updated: 18 January 2022; Ref: scu.565962

New Valmar: ECJ 21 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Free movement of goods – Prohibition of measures having equivalent effect to quantitative restrictions on exports – Article 35 TFEU – Company established in the Dutch-speaking region of the Kingdom of Belgium – Legislation requiring invoices to be drawn up in Dutch, failing which they are null and void – Cross-border concession agreement – Restriction – Justification – Disproportionate

ECLI:EU:C:2016:464, [2016] EUECJ C-15/15
Bailii
TFEU 35

European

Updated: 18 January 2022; Ref: scu.565860

Mennens v Emirates Direktion fur Deutschland: ECJ 22 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(f) and Article 10(2) – Partial reimbursement of the ticket price where a passenger is downgraded on a flight – Concepts of ‘ticket’ and ‘price of the ticket’ – Calculation of the reimbursement owed to the passenger

L. Bay Larsen, P
ECLI:EU:C:2016:472, [2016] EUECJ C-255/15
Bailii

European

Updated: 18 January 2022; Ref: scu.565859

Commission v Portugal C-557/14: ECJ 22 Jun 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Lump sum payment and penalty payment

ECLI:EU:C:2016:471, [2016] EUECJ C-557/14
Bailii
TFEU 260(2), Directive 91/271/EEC

European, Environment

Updated: 18 January 2022; Ref: scu.565856

Whirlpool Europe v Commission: ECFI 22 Jun 2016

ECJ (Judgment) Actions for annulment – State aid – Household appliances – Restructuring aid – Decision declaring the aid compatible with the internal market, subject to compliance with certain conditions – Decision taken following the annulment by the Court of the earlier decision concerning the same procedure – Lack of individual concern – No substantial effect on the competitive position – Inadmissibility

ECLI:EU:T:2016:365, [2016] EUECJ T-118/13
Bailii

European

Updated: 18 January 2022; Ref: scu.565864

Odvolaci financni reditelstvi v Cesky Rozhlas: ECJ 22 Jun 2016

(Judgment) Reference for a preliminary ruling – Sixth Directive 77/388/EC – Value added tax – Article 2(1) – Supply of services effected for consideration – Definition – Public broadcasting – Financing from a compulsory statutory fee

R. Silva de Lapuerta (Rapporteur), P
ECLI:EU:C:2016:470, [2016] EUECJ C-11/15
Bailii
Sixth Directive 77/388/EC

European, VAT

Updated: 18 January 2022; Ref: scu.565855

MP (Sri Lanka) v Secretary of State for The Home Department: SC 22 Jun 2016

The issue in this appeal is whether the appellant is entitled to ‘subsidiary protection status’ under articles 2 and 15 of EU Council Directive 2004/83/EC on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Hughes, Lord Toulson
[2016] UKSC 32
Bailii, Bailii Summary
Council Directive 2004/83/EC 2 15
England and Wales

Immigration, European

Updated: 18 January 2022; Ref: scu.565830

Budisan v Administra?ia Jude?eana a Finantelor Publice Cluj: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership – Fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market

ECLI:EU:C:2016:421, C-586/14, [2016] EUECJ C-586/14
Bailii
TFEU 110

European

Updated: 17 January 2022; Ref: scu.565598

Balogh C-25/15: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to interpretation and translation – Directive 2010/64/EU – Scope – Definition of criminal proceedings – Procedure laid down by a Member State for the recognition of a decision in criminal proceedings handed down by a court in another Member State and for the entry in the criminal record of the conviction handed down by that court – Costs in connection with the translation of that decision – Framework Decision 2009/315/JHA – Decision 2009/316/JHA

ECLI:EU:C:2016:423, [2016] EUECJ C-25/15
Bailii
Directive 2010/64/EU

European, Crime

Updated: 17 January 2022; Ref: scu.565597