Category: European

Wigley-Foster v Wilson and Another: CA 16 May 2016

The court considered the operation of the Motor iNsurers Bureau in cases where an insurer became insolvent, and particularly as to its compliance with the Directive

Gloster, David Richards LJJ, Sir Robin Jacob
[2016] EWCA Civ 454
Bailii
Fourth Motor Insurance Directive
England and Wales

Road Traffic, Personal Injury, European

Updated: 16 January 2022; Ref: scu.564195

Hofmann v Freistaat Bayern: ECJ 26 Apr 2012

ECJ Directive 2006/126/EC – Mutual recognition of driving licences – Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State

J.N. Cunha Rodrigues, P
[2012] EUECJ C-419/10
Bailii
Directive 2006/126/EC
European
Citing:
Opinion – Hofmann v Freistaat Bayern ECJ 10-Nov-2011
ECJ Opinion – Directive 2006/126 / EC – Mutual recognition of driving licenses – Refusal of a Member State to recognize, to a person whose driving license has been withdrawn in its territory, the validity of a . .

Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 16 January 2022; Ref: scu.549932

Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise: ECJ 10 Apr 2008

(Third Chamber of the Court of Justice) Taxation Sixth VAT Directive Exemption with refund of tax paid at the preceding stage Erroneous taxation at the standard rate Right to zero rate Entitlement to refund Direct effect General principles of Community law Unjust enrichment.

A. Rosas, P
[2008] EUECJ C-309/06, [2008] BVC 577, [2008] STI 1194, [2008] BTC 5457, [2008] ECR I-2283, [2008] STC 1408, [2008] 2 CMLR 42
Bailii
European
Citing:
Advocate General’s Opinion – Marks and Spencer v Her Majesty’s Commissioners of Customs and Excise ECJ 13-Dec-2007
ECJ Value added tax – Derogation under Article 28 of Directive 77/388 – Principle of neutrality Principle of equal treatment Right to obtain a refund of the tax in the event of incorrect interpretation of . .
At CA – Marks and Spencer Plc v Commissioners of Customs and Excise (No 5); Commissioners of Customs and Excise v University of Sussex CA 21-Oct-2003
The company sought to reclaim overpaid VAT.
Held: If the UK government had failed properly to implement the directive, then a person affected had the right to claim the benefit of direct enforceability. However, the directive itself was . .
Decision to refer – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Reference – Marks and Spencer Plc v Customs and Excise HL 12-Jul-2006
Question referred to ECJ. Five questions were referred. . .

Cited by:
ECJ Decision – Marks and Spencer Plc v Customs and Excise HL 4-Feb-2009
The taxpayer requested refund of VAT overpaid on chocolate covered cakes. The CandE resisted saying that the money had been substantially already paid by its customers. The case had been referred twice to the ECJ, who answered that the maintenance . .

Lists of cited by and citing cases may be incomplete.

VAT, European

Updated: 16 January 2022; Ref: scu.280498

Ing Aigner (Law Relating To Undertakings): ECJ 10 Apr 2008

ECJ Public contracts – Directives 2004/17/EC and 2004/18/EC – Contracting entity pursuing activities falling in part within the field of application of Directive 2004/17/EC and in part within that of Directive 2004/18/EC – Body governed by public law – Contracting authority.

C-393/06, [2008] EUECJ C-393/06
Bailii
Directive 2004/17/EC, Directive 2004/18/EC
European

European

Updated: 16 January 2022; Ref: scu.266944

First Islamic Investment Bank v Council: ECFI 22 Sep 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Error of assessment – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Proportionality

T-161/13, [2015] EUECJ T-161/13, ECLI:EU:T:2015:667
Bailii
European

Banking

Updated: 16 January 2022; Ref: scu.552667

Silvan v Commission: ECJ 22 Sep 2015

ECJ Judgment – Public service – Officials – Promotion year 2013 – Decision not to promote the applicant – Articles 43 and 45, paragraph 1, of the Statute – CEO of the Commission – of illegality – Comparison of merits – Consideration of reports evaluation – Lack of encrypted notes or analytical assessments – literal Comments

F-83/14, [2015] EUECJ F-83/14, ECLI:EU:F:2015:106
Bailii
European

Employment

Updated: 16 January 2022; Ref: scu.552681

Gioria v Commission: ECJ 22 Sep 2015

ECJ Judgment – Public service – General competition – competition EPSO / AST / 126/12 – Relationship between a jury member and a candidate – Conflict of interest – Article 27 of the Statute – Recruitment of officials of the highest standards of integrity – decision to exclude the participation of the candidate

F-82/14, [2015] EUECJ F-82/14, ECLI:EU:F:2015:108
Bailii
European

Employment

Updated: 16 January 2022; Ref: scu.552669

Holistic Innovation Institute v Commission: ECFI 12 May 2016

ECJ (Judgment) Financial support – Research – Seventh Framework Programme for Research and Technical Development 2007-2013 – eDIGIREGION project – Commission decision refusing participation of an undertaking – Action for annulment – Time limit for bringing an action – Point from which time starts to run – Inadmissibility – Non-contractual liability – Non-material damage – Sufficiently serious breach of a rule of law conferring rights on individuals

T-468/14, [2016] EUECJ T-468/14, ECLI:EU:T:2016:296
Bailii

European

Updated: 15 January 2022; Ref: scu.563400

Zuffa v EUIPO (Ultimate Fighting Championship): ECFI 12 May 2016

ECJ (Judgment) EU trade mark – Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP – Absolute grounds for refusal – Lack of distinctive character – Descriptiveness – Distinctive character acquired through use – Obligation to state reasons – Relevant public – Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009

T-590/14, [2016] EUECJ T-590/14, ECLI:EU:T:2016:295
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563412

Ivo-Kermartin v EUIPO – Ergo Versicherungsgruppe (ELGO): ECFI 12 May 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – Application for verbal mark of the European Union ELGO – Brands of the earlier word and figurative EU ERGO – Relative ground for refusal – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Likelihood of confusion – successive Limitations registration – Article 43, paragraph 1 of Regulation No 207/2009 – Article 75, second sentence, of Regulation No 207 / 2009 – Right to be heard – Rule 69 of Regulation (EC) No 2868/95

T-750/14, [2016] EUECJ T-750/14, ECLI:EU:T:2016:290
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563402

Red Lemon v EUIPO – Lidl Stiftung (Abtronic): ECFI 12 May 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of the figurative EU Abtronic – Brand of the prior oral EU TRONIC – Relative ground for refusal – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009 – minimum inherent distinctive character of the earlier mark – Likelihood of confusion

T-775/14, [2016] EUECJ T-775/14, ECLI:EU:T:2016:293
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563408

Toorank Productions BV v Staatssecretaris van Financien: ECJ 12 May 2016

ECJ (Judgment) References for a preliminary ruling – Common Customs Tariff – Classification for customs purposes – Combined Nomenclature – Tariff heading 2206 – Tariff heading 2208 – Alcoholic beverages obtained through fermentation followed by purification – Addition of additives to alcoholic beverages obtained through fermentation followed by purification – Beverages which have lost the properties of beverages falling under tariff heading 2206

C-532/14, [2016] EUECJ C-532/14, ECLI:EU:C:2016:337
Bailii

European, Customs and Excise

Updated: 15 January 2022; Ref: scu.563410

Hamr – Sport v Commission: ECFI 12 May 2016

ECJ (Judgment) State aid – Sports Facilities provided by non-profit organizations – operating or investment Grants to afford to build, operate, maintain, rebuild or develop sports installations without lucrative purpose – Decision declaring the aid compatible with the internal market – Article 107, paragraph 3, c) TFEU – Action for annulment – individual concern – Concept of interested party – Admissibility – No alteration of trading conditions to an extent contrary to the common interest – Lack of doubts for initiating the formal investigation procedure

T-693/14, [2016] EUECJ T-693/14, ECLI:EU:T:2016:292
Bailii

European

Updated: 15 January 2022; Ref: scu.563399

Trioplast Industrier v Commission: ECFI 12 May 2016

ECJ (Judgment) Competition – Agreements, decisions and concerted practices – Market in industrial plastic bags – Action for annulment – Challengeable act – Admissibility – Action for damages – Default interest – Concept of a debt which is certain, of a fixed amount and due – Proportionality – Legal certainty – Principle that penalties must be specific to the individual and to the offence – Lack of legal basis – Article 266 TFEU – Causal link

T-669/14, [2016] EUECJ T-669/14
Bailii

European, Commercial

Updated: 15 January 2022; Ref: scu.563411

Izsak And Dabis v Commission: ECFI 10 May 2016

(Judgment) Institutional law – European Citizens’ Initiative – Cohesion policy – in national minority areas – Refusal of registration – Failure to manifest powers of the Commission – Article 4, paragraph 2 b) and paragraph 3 of the Regulation (EU) No 211/2011

T-529/13, [2016] EUECJ T-529/13, ECLI:EU:T:2016:282
Bailii
European

European

Updated: 15 January 2022; Ref: scu.563403

Red Lemon v EUIPO – Lidl Stiftung (Abtronicx2): ECFI 12 May 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of the figurative EU AbTronicX2 – Brand of the prior oral EU TRONIC – Relative ground for refusal – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009 – minimum inherent distinctive character of the earlier mark – Likelihood of confusion

T-776/14, [2016] EUECJ T-776/14, ECLI:EU:T:2016:291
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563409

Mikhalchanka v Council: ECFI 10 May 2016

ECJ (Judgment (Extracts)) Common Foreign and Security Policy – Restrictive measures against Belarus – Freezing of funds and economic resources – Entrance Restrictions and transit through the territory of the Union – the applicant’s name in the Maintenance the list of persons concerned – Journalist – Rights of the defense – Obligation to state reasons – Error of assessment

T-693/13, [2016] EUECJ T-693/13
Bailii

European

Updated: 15 January 2022; Ref: scu.563404

Mobile.International v EUIPO – Rezon (Mobile.De): ECFI 12 May 2016

EJ (Judgment) Mark of the European Union – Invalidity proceedings – Marks of verbal and figurative EU mobile.de – mobile Earlier national figurative mark – Genuine use of the earlier mark – Article 15, paragraph 1, article 57, paragraph 2 and Article 76, paragraph 2 of Regulation (EC) No 207/2009 – Rule 40, paragraph 6 of Regulation (EC) No 2868/95

T-322/14, [2016] EUECJ T-322/14
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563405

Pannonhalmi Foapatsag v Parliament: ECJ 4 May 2016

ECJ (Order) Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Petition to the attention of the European Parliament – Property of a castle in Rusovce (Slovakia) – Questions not covered areas of activity of the European Union – Decision to the petition – Motivation

C-607/15, [2016] EUECJ C-607/15 – CO
Bailii

European

Updated: 15 January 2022; Ref: scu.563406

GRE v EUIPO (Mark1) T-844/14: ECFI 12 May 2016

ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union Mark1 – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009

[2016] EUECJ T-844/14, ECLI:EU:T:2016:289
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563398

Italy v Commission: ECFI 12 May 2016

ECJ (Judgment (Extracts)) EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Cattle and sheep sectors – Flat-rate financial correction – One-off correction – Articles 48 and 69 of Regulation (EC) No 1782/2003 – Special entitlements – Obligation to state reasons

T-384/14, [2016] EUECJ T-384/14
Bailii

European

Updated: 15 January 2022; Ref: scu.563401

Red Lemon v Euipo – Lidl Stiftung (Abtronic) T-643/14: ECFI 12 May 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of verbal EU Abtronic – Brand of the prior oral EU TRONIC – Relative ground for refusal – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009 – minimum inherent distinctive character of the earlier mark – Likelihood of confusion

[2016] EUECJ T-643/14
Bailii

European

Updated: 15 January 2022; Ref: scu.563407

Chung-Yuan Chang v EUIPO – Bsh Hausgerate (Aroma): ECFI 12 May 2016

EWCJ (Judgment) EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark AROMA – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

T-749/14, [2016] EUECJ T-749/14, ECLI:EU:T:2016:286
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563394

Alta Realitat (Order): ECJ 28 Apr 2016

ECJ Reference for a preliminary ruling – Cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation (CE) No 1393/2007 – Article 8 – Failure to provide a translation of the document – Refusal to accept a document – Linguistic knowledge of the addressee of the document – Review by the judge hearing the matter in the Member State of origin

C-384/14, [2016] EUECJ C-384/14 – CO, ECLI:EU:C:2016:316
Bailii

European

Updated: 15 January 2022; Ref: scu.563388

Matratzen Concord v EUIPO (Order) French Text: ECJ 28 Apr 2016

ECJ Appeal – Article 181 of the Rules of Procedure – Mark of the European Union – Word mark Matratzen Concord – Relative ground for refusal – Opposition by the proprietor of the national word mark MATRATZEN – Likelihood of confusion – Regulation (EC) No 207/2009 – Article 8, paragraph 1 b) – partial refusal of registration – Proof of use of the earlier mark – Article 42, paragraph 2

ECLI:EU:C:2016:314, [2016] EUECJ C-35/16 – CO
Bailii

European, Intellectual Property

Updated: 15 January 2022; Ref: scu.563389

Pudans C-462/15: ECJ 28 Apr 2016

ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Common agricultural policy – Regulation (EC) No 73/2009 – Direct support schemes – Article 29, paragraph 1 – Obligation to make payments to beneficiaries in full – Income tax Income

[2016] EUECJ C-462/15 – CO, ECLI: EU:C:2016:317
Bailii

European, Agriculture

Updated: 15 January 2022; Ref: scu.563390

Bank of Industry and Mine v Council: ECJ 12 May 2016

ECJ (Judgment) Appeal – Restrictive measures against Iran – List of persons and entities to which the freezing of funds and economic resources – Implementing Regulation (EU) No 945/2012 – Legal basis – criterion of support material, logistical or financial to the Iranian government – Part of the profits of a state company paid to the State of Iran

C-358/15, [2016] EUECJ C-358/15, ECLI:EU:C:2016:338
Bailii

European

Updated: 15 January 2022; Ref: scu.563393

Commission v Poland C-715/17: ECJ 2 Apr 2020

Emergency Situation Characterised By A Sudden Influx of Third-Country Nationals Into Certain Member States – Judgment – Failure of a Member State to fulfil obligations – Decisions (EU) 2015/1523 and (EU) 2015/1601 – Article 5(2) and 5(4) to 5(11) of each of those decisions – Provisional measures in the area of international protection for the benefit of Italy and of Greece – Emergency situation characterised by a sudden influx of third-country nationals into certain Member States – Relocation of those nationals to other Member States – Relocation procedure – Obligation on the Member States to indicate at regular intervals, and at least every three months, the number of applicants for international protection who can be relocated swiftly to their territory – Consequent obligations leading to actual relocation – Interests of the Member States linked to national security and public order – Possibility for a Member State to rely on Article 72 TFEU in order not to apply EU legal acts of a binding nature

C-715/17, [2020] EUECJ C-715/17, [2020] 4 WLR 75, [2020] WLR(D) 226, ECLI:EU:C:2020:257, [2019] EUECJ C-715/17_O
Bailii, WLRD, Bailii
European

European, Immigration

Updated: 14 January 2022; Ref: scu.654970

Base Nv v Commission (Order of The Court): ECJ 22 Feb 2008

ECJ Action for annulment – Telecommunications – Article 7 of Directive 2002/21 / EC – Wholesale market for voice call termination on individual mobile networks in Belgium – Significant power on the market – Letter of the Commission’s observations – act not open to appeal – Lack of direct concern – Inadmissible

[2008] EUECJ T-295/06 – CO
Bailii

European

Updated: 14 January 2022; Ref: scu.563287

Arcelor Atlantique and Lorraine and Others v Premier ministre: ECJ 16 Dec 2008

ECJ (Environment and consumers) Environment Integrated pollution prevention and control Greenhouse gas emission allowance trading scheme Directive 2003/87/EC Scope Installations in the steel sector included Installations in the chemical and non-ferrous metal sectors excluded Principle of equal treatment)

V Skouris, P
EU:C:2008:728, ECLI:EU:C:2008:728, [2008] EUECJ C-127/07, [2008] ECR I-9895
Bailii
European

European

Updated: 14 January 2022; Ref: scu.563289

Regina v Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd: ECJ 19 Mar 1998

Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC – European Convention on the Protection of Animals Kept for Farming Purposes – Recommendation concerning Cattle – Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation – Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State – Quantitative restrictions on exports – Exhaustive harmonisation – Validity of the Directive

Times 02-Apr-1998, [1998] ECR I-1251, [1998] EUECJ C-1/96
Bailii, Bailii
EC Treaty 34 36, Directive 91/629/EEC
England and Wales
Cited by:
See Also – Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs Admn 27-Nov-2003
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly . .
See Also – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .

Lists of cited by and citing cases may be incomplete.

European, Commercial, Animals, Agriculture

Updated: 14 January 2022; Ref: scu.563234

Andres And Others v ECB: ECFI 4 May 2016

ECJ (Judgment) Appeal – Civil service – ECB staff – Pensions – Reform of the pension scheme – Freezing the pension plan – Employment Conditions ECB staff – Consultation Law – The difference in nature between the contractual employment relationship and the statutory employment relationship – Distortion – Error of law

T-129/14, [2016] EUECJ T-129/14
Bailii

European

Updated: 14 January 2022; Ref: scu.563108

Strack v Commission (Judgment (Extracts)) French Text: ECFI 26 Apr 2016

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to OLAF’s investigation file – Action for annulment – implicit and explicit refusal of access – Exception relating to the protection of privacy and the individual’s integrity – Exception relating to the protection of commercial interests of a third party – Exception relating to the protection of the decision-making process – Obligation to state reasons – non-contractual liability

T-221/08, [2016] EUECJ T-221/08
Bailii
Regulation (EC) No 1049/2001

European

Updated: 14 January 2022; Ref: scu.563105

Sharif University of Technology v Council (Judgment): ECFI 28 Apr 2016

ECJ Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Support to the Government of Iran – Research and technology development in military or military-related fields – Rights of the defence – Right to effective judicial protection – Error of law and error of assessment – Right to property – Proportionality – Misuse of powers – Claim for damages

T-52/15, [2016] EUECJ T-52/15
Bailii

European

Updated: 14 January 2022; Ref: scu.563104

Poland v Parliament and Council: ECJ 4 May 2016

ECJ (Judgment) Action for annulment – Approximation of laws – Directive 2014/40/EU – Article 2(25), Article 6(2)(b), Article 7(1) to (5), the first sentence of Article 7(7), Article 7(12) to (14) and Article 13(1)(c) – Validity – Manufacture, presentation and sale of tobacco products – Prohibition on the placing on the market of tobacco products with characterising flavours – Tobacco products containing menthol – Legal basis – Article 114 TFEU – Principle of proportionality – Principle of subsidiarity

C-358/14, [2016] EUECJ C-358/14
Bailii

European

Updated: 14 January 2022; Ref: scu.563116

Post Bank Iran v Council: ECFI 3 May 2016

ECJ (Judgment) Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Plea of illegality – Article 46(2) of Regulation (EU) No 267/2012 – Article 215 TFEU – Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP – Article 23(2)(d) of Regulation No 267/2012 – Fundamental rights – Articles 2 TEU, 21 TEU and 23 TEU – Articles 17 and 52 of the Charter of Fundamental Rights – Error of assessment – Equal treatment – Non-discrimination – Principle of sound administration – Obligation to state reasons – Misuse of powers – Legitimate expectations – Proportionality

T-68/14, [2016] EUECJ T-68/14, ECLI:EU:T:2016:263
Bailii

European, Human Rights, Banking

Updated: 14 January 2022; Ref: scu.563117

Aranynektar v EUIPO – Naturval Apacola (Natur-Bal): ECFI 3 May 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU word mark Natur-bal – Earlier EU word mark NATURVAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-503/15, [2016] EUECJ T-503/15
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563109

Laboratorios Ern v EUIPO – Werner (Dynamic Life): ECFI 3 May 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for EU figurative mark Dynamic Life – Earlier national word mark DYNAMIN – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-454/15, [2016] EUECJ T-454/15
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563113

Iran Insurance v Council: ECFI 3 May 2016

ECJ (Judgment) Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Plea of illegality – Article 46(2) of Regulation (EU) No 267/2012 – Article 215 TFEU – Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP – Article 23(2)(d) of Regulation No 267/2012 – Fundamental rights – Articles 2 TEU, 21 TEU and 23 TEU – Articles 17 and 52 of the Charter of Fundamental Rights – Error of assessment – Equal treatment – Non-discrimination – Principle of sound administration – Obligation to state reasons – Misuse of powers – Legitimate expectations – Proportionality

T-63/14, [2016] EUECJ T-63/14, ECLI:EU:T:2016:264
Bailii

European

Updated: 14 January 2022; Ref: scu.563112

Osterreichische Post v Commission: ECFI 27 Apr 2016

ECJ (Judgment) Directive 2004/17/EC – Procurement procedures in the areas of water, energy, transport and postal services – Implementing Decision exempting certain services in the postal sector in Austria from the application of Directive 2004/17 – Article 30 of Directive 2004/17 – Duty to state reasons – manifest error of assessment ‘

T-463/14, [2016] EUECJ T-463/14, ECLI:EU:T:2016:243
Bailii
Directive 2004/17/EC

European

Updated: 14 January 2022; Ref: scu.563102

Borealis Polyolefine (Judgment): ECJ 28 Apr 2016

ECJ References for a preliminary ruling – Scheme for greenhouse gas emission allowance trading in the European Union – Directive 2003/87/EC – Article 10a(5) – Method for allocating allowances – Free allocation of allowances – Method for calculating the uniform cross-sectoral correction factor – Decision 2011/278/EU – Article 15(3) – Decision 2013/448/EU – Article 4 – Annexe II – Validity

C-191/14, [2016] EUECJ C-191/14, ECLI:EU:C:2016:311
Bailii

European

Updated: 14 January 2022; Ref: scu.563088

Jean-Marie Le Pen v Parliament (Membre Du Parlement : Order): ECFI 22 Apr 2016

Interim measures – Member of the European Parliament – Recovery of allowances paid in reimbursement of parliamentary assistance expenses – Application for stay of execution – Lack of urgency

T-140/16, [2016] EUECJ T-140/16 – CO, ECLI:EU:T:2016:240, [2017] EUECJ T-140/16 – CO
Bailii, Bailii
European

European

Updated: 14 January 2022; Ref: scu.563097

Fon Wireless v EUIPO – Henniger (Neofon) (Judgment) French Text: ECFI 28 Apr 2016

ECJ Brand of the European Union – Opposition proceedings – trade mark of verbal EU neofon – Earlier national word mark FON – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of the Regulation (EC) No 207/2009

T-777/14, [2016] EUECJ T-777/14, ECLI:EU:T:2016:253
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563089

Gervais Danone v EUIPO – Mahou (B’Lue) (Judgment): ECFI 28 Apr 2016

ECJ EU trade mark – Opposition proceedings – Application for the EU figurative mark B’lue – Earlier EU word mark BLU DE SAN MIGUEL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-803/14, [2016] EUECJ T-803/14, ECLI:EU:T:2016:251
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563093

Niagara Bottling v EUIPO (Niagara) (Judgment): ECFI 27 Apr 2016

ECJ EU trade mark – International registration designating the European Union – Word mark NIAGARA – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

T-89/15, [2016] EUECJ T-89/15, ECLI:EU:T:2016:244
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563100

Staatssecretaris van Financien v Het Oudeland Beheer BV: ECJ 28 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Taxation – VAT – Taxable transactions – Application for the purposes of the business of goods acquired ‘in the course of the business’ – Treatment as supplies effected for consideration – Taxable amount

C-128/14, [2016] EUECJ C-128/14, ECLI:EU:C:2016:306
Bailii

European, VAT

Updated: 14 January 2022; Ref: scu.563094

ANKO v Commission T-154/14: ECFI 27 Apr 2016

ECJ (Judgment) Arbitration clause – Grant agreements concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Perform Projects and Oasis – Eligible costs – Reimbursement of amounts paid – Counterclaim – Default interest

T-154/14, [2016] EUECJ T-154/14, ECLI:EU:T:2016:246
Bailii

European

Updated: 14 January 2022; Ref: scu.563086

Jaakiekon Sm-Liiga v EUIPO (Liiga) (Judgment): ECFI 28 Apr 2016

ECJ EU trade mark – Application for EU figurative mark Liiga – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009

T-54/15, [2016] EUECJ T-54/15, ECLI:EU:T:2016:250
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563096

Franmax v EUIPO – Ehrmann (Dino) (Judgment): ECFI 26 Apr 2016

ECJ EU trade mark – Opposition proceedings – Application for EU figurative trade mark Dino – Earlier EU figurative trade mark representing a dinosaur – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009

T-21/15, [2016] EUECJ T-21/15, ECLI:EU:T:2016:241
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.563090

FY v Council (Judgment) French Text: ECJ 28 Apr 2016

ECJ Public service – Social security – Joint Sickness Insurance – Management of medical expenses – reimbursement rate – Recognition of a serious illness – Criteria – Article 72 of the Statute and the general implementing provisions concerning the reimbursement of medical expenses

F-76/15, [2016] EUECJ F-76/15, ECLI:EU:F:2016:83
Bailii

European

Updated: 14 January 2022; Ref: scu.563091

KS Sports v EUIPO: ECJ 14 Apr 2016

ECJ (Order) Appeal – Article 181 of the Rules of Procedure of the Court of Justice – EU trade mark – Regulation (EC) No 207/2009 – Application for registration of the word mark ALEX – Opposition by the proprietor of the national word marks ALEX and the national figurative mark containing the word element ‘ALEX’ – Rejection of the opposition – Article 75 – Right to be heard – Obligation to state reasons – Article 8(1)(b) – Likelihood of confusion – Similarity between products

C-480/15, [2016] EUECJ C-480/15 – CO, ECLI:EU:C:2016:266
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.562821

Khachab v Subdelegacion del Gobierno en Alava: ECJ 21 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2003/86/EC – Article 7(1)(c) – Family reunification – Requirements for the exercise of the right to family reunification – Stable and regular resources which are sufficient – National legislation permitting a prospective assessment of the likelihood that the sponsor will retain his resources – Compatibility

T. von Danwitz, P
C-558/14, [2016] EUECJ C-558/14, ECLI:EU:C:2016:285
Bailii
Directive 2003/86/EC

European, Family

Updated: 14 January 2022; Ref: scu.562820

Dansk Industri v Estate of Karsten Eigil Rasmussen: ECJ 19 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Principle prohibiting discrimination on grounds of age – National legislation incompatible with the directive – Possibility for a private person to bring proceedings to establish the liability of the State for breach of EU law – Dispute between private persons – Balancing of various rights and principles – Principles of legal certainty and the protection of legitimate expectations – Role of the national court

K. Lenaerts, P
C-441/14, [2016] EUECJ C-441/14, ECLI:EU:C:2016:278, [2015] EUECJ C-441/14 – O
Bailii, Bailii
Directive 2000/78/EC

European, Human Rights, Discrimination

Updated: 14 January 2022; Ref: scu.562817

Spirig Pharma v EUIPO (Daylong): ECFI 19 Apr 2016

ECJ (Judgment) Mark of the European Union – Application for figurative mark of the European Union Daylong – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

T-261/15, [2016] EUECJ T-261/15, ECLI:EU:T:2016:220
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.562825

Tonachella: ECJ 7 Apr 2016

ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Preliminary rulings identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – Judgment of the Court having declared incompatible with the right to EU national regulations on concessions for paris collection activity – Reorganization of the system for a new tender – gratuitous use Disposal of tangible and intangible assets held in property and constituting the network management and collection of the game – Restriction – overriding reasons in the public interest – Proportionality

C-8/16, [2016] EUECJ C-8/16 – CO, ECLI:EU:C:2016:244
Bailii

European

Updated: 14 January 2022; Ref: scu.562826

Italy v Commission: ECFI 22 Apr 2016

ECJ (Judgment) State aid – Directive 92/81/EEC – Excise duties on mineral oils – Mineral oils used as fuel for alumina production – Exemption from excise – Selective nature of the measure – Aid which may be considered compatible with the common market – Community guidelines on State aid for environmental protection – Guidelines on national regional aid 1998 – Legitimate expectations – Legal certainty – Principle lex specialis derogat legi generali – Principles of presumption of legality and of the effet utile of acts of the institutions – Principle of sound administration – Obligation to state reasons

T-60/06, [2016] EUECJ T-60/06, ECLI:EU:T:2016:233
Bailii
Directive 92/81/EEC

European

Updated: 14 January 2022; Ref: scu.562819

France v Commission: ECFI 22 Apr 2016

ECJ (Judgment) State aid – Directive 92/81 / EEC – Excise duties on mineral oils – Mineral oils used as fuel for alumina production – Exemption from duty – Legitimate expectations – Legal certainty – Reasonable time

T-56/06, [2016] EUECJ T-56/06, ECLI:EU:T:2016:228
Bailii

European

Updated: 14 January 2022; Ref: scu.562818

Cyprus Turkish Chamber of Industry And Others v Commission: ECFI 13 Apr 2016

(Order) Application for interim measures – Procedure for registration of a protected designation of origin – ‘Halloumi’ or ‘Hellim’ – Rejection of opposition – Application for suspension of operation of a measure – No urgency

T-41/16, [2016] EUECJ T-41/16 – CO, ECLI:EU:T:2016:217
Bailii

European

Updated: 14 January 2022; Ref: scu.562815

Council v Bank Saderat Iran And Commission: ECJ 21 Apr 2016

ECJ (Judgment) Appeal – Common foreign and security policy – Combating nuclear proliferation – Restrictive measures taken against the Islamic Republic of Iran – Freezing of funds of an Iranian bank – Obligation to state reasons – Procedure for the adoption of the act – Manifest error of assessment

C-200/13, [2016] EUECJ C-200/13, ECLI:EU:C:2016:284
Bailii

European

Updated: 14 January 2022; Ref: scu.562814

Costantini And Others v Commission: ECFI 19 Apr 2016

ECJ (Judgment) Law governing the institutions – European citizens’ initiative – Social policy – Service of general economic interest – Article 352 TFEU – Refusal of registration – Manifest lack of powers of the Commission – Article 4(2)(b) of Regulation (EU) No 211/2011 – Principle of good administration – Obligation to state reasons

H. Kanninen, P
T-44/14, [2016] EUECJ T-44/14, ECLI:EU:T:2016:223
Bailii

European

Updated: 14 January 2022; Ref: scu.562813

100% Capri Italia v EUIPO – Inprodi (100 % Capri): ECFI 19 Apr 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – the figurative trade mark EU 100% Capri – the earlier figurative mark of EU CAPRI – Relative ground for refusal – Distinctive character – Likelihood of confusion – Article 8 , paragraph 1 b) of Regulation (EC) No 207/2009

T-198/14, [2016] EUECJ T-198/14, ECLI:EU:T:2016:222
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.562809

Best-Lock (Europe) v EUIPO C-452/15: ECJ 14 Apr 2016

ECJ (Order) Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community trade mark – Three-dimensional trade mark in the shape of a toy figure with protrusion – Invalidity proceedings – Rejection

C-452/15, [2016] EUECJ C-452/15 – CO, ECLI:EU:C:2016:270
Bailii

European, Intellectual Property

Updated: 14 January 2022; Ref: scu.562812

Dalli v Commission: ECJ 14 Apr 2016

(Order) Appeal – OLAF investigation report concerning a Member of the European Commission – Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned – Action for annulment and compensation

C-394/15, [2016] EUECJ C-394/15 – CO, ECLI:EU:C:2016:262
Bailii

European

Updated: 14 January 2022; Ref: scu.562816

Telefonica Sa and Telefonica De Espana v Commission (Advocate General’s Opinion): ECJ 10 Jul 2014

ECJ Article 102 TFEU – Abuse of dominant position – Spanish markets for access to broadband internet – Margin squeeze – Article 263 TFEU – Review of legality – Article 261 TFEU – Unlimited jurisdiction – Article 47 of the Charter – Principle of effective judicial protection – Review exercising powers of unlimited jurisdiction – Amount of the fine – Principle of proportionality – Principle of non-discrimination

T von Danwitz, P
[2014] EUECJ C-295/12, C-295/12
Bailii
European
Citing:
AG Opinion – Telefonica Sa and Telefonica De Espana v Commission ECJ 26-Sep-2013
ECJ Competition – Abuse of dominant position – Margin squeeze (margin squeeze) – Wholesale prices charged by Telefonica SA on the access Spanish broadband market – Fines – Obligation to state reasons for the . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 14 January 2022; Ref: scu.562602

Bayerischer Brauerbund: 22 Dec 2010

ECJ Reference for a preliminary ruling – Regulations (EEC) No 2081/92 and (EC) No 510/2006 – Temporal application – Article 14 – Registration in accordance with the simplified procedure – Relations between trade marks and protected geographical indications

C-120/08, [2010] EUECJ C-120/08
Bailii
Citing:
See Also – Bayerischer Brauerbund ECJ 16-Sep-2010
ECJ Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 and of Article 17 of Council Regulation (EEC) No 2081/92 – Conflict between a protected geographical . .

Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 14 January 2022; Ref: scu.562614

Sparkasse Allgau v Finanzamt Kempten: ECJ 14 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Freedom of establishment – Article 49 TFEU – Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax – Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information

C-522/14, [2016] EUECJ C-522/14, ECLI:EU:C:2016:253
Bailii

European, Banking

Updated: 13 January 2022; Ref: scu.562072

Sales Sinues v Caixabank SA: ECJ 14 Apr 2016

(Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Contracts concluded between sellers or suppliers and consumers – Mortgage contracts – ‘Floor’ clause – Examination of the clause with a view to its invalidation – Collective proceedings – Action for an injunction – Stay of an individual action with the same subject matter

C-381/14, [2016] EUECJ C-381/14, [2016] EUECJ C-381/14 – CO
Bailii, Bailii
Directive 93/13/EEC

European, Consumer, Banking

Updated: 13 January 2022; Ref: scu.562071

Genc (EEC-Turkey Association Agreement : Judgment): ECJ 12 Apr 2016

ECJ Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – Family reunification – National legislation laying down new, more stringent conditions on access to family reunification for family members, who are not economically active, of economically active Turkish nationals who are resident and have a residence permit in the Member State in question – Condition requiring ties sufficient to enable successful integration)

C-561/14, [2016] EUECJ C-561/14, ECLI:EU:C:2016:247
Bailii

European

Updated: 13 January 2022; Ref: scu.562067

Caisse Pour L’Avenir Des Enfants (Enfant Du Conjoint D’Un Travailleur Frontalier) v FV: ECJ 2 Apr 2020

(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1, sub i) – Free movement of workers – Equal treatment – Social benefits – Directive 2004/38 / EC – Article 2, point 2 – Regulation (EU) No 492/2011 – Article 7, paragraph 2 – Family allowance – Concept of ‘members of the family’ – Exclusion of the child of the spouse of non-resident workers – Difference in treatment with ‘child of the spouse of resident workers – Justification

C-802/18, [2020] EUECJ C-802/18, ECLI: EU : C: 2020: 269
Bailii
European

European

Updated: 13 January 2022; Ref: scu.654966

Marchon Germany GmbH v Karaszkiewicz: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2) – Indemnity in respect of customers – Conditions for granting – Acquisition of new customers – Concept of ‘new customers’ – Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell

C-315/14, [2016] EUECJ C-315/14, [2016] WLR(D) 175, [2016] Bus LR 694
Bailii, WLRD
Directive 86/653/EEC 17(2)

European

Updated: 13 January 2022; Ref: scu.561986

Office national de l’emploi v M and M: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 45 TFEU and Article 48 TFEU – Charter of Fundamental Rights of the European Union – Article 15(2) – Regulation (EEC) No 1408/71 – Article 67(3) – Social security – Unemployment benefit to supplement income from part-time employment – Award of that benefit – Completion of periods of employment – Aggregation of periods of insurance or employment – Taking into account of periods of insurance or employment completed under the legislation of another Member State

C-284/15, [2016] EUECJ C-284/15
Bailii

European, Employment, Benefits

Updated: 13 January 2022; Ref: scu.561988

Mirza v Bevandorlasi es Allampolgarsagi Hivatal (Borders, Asylum And Immigration): ECJ 17 Mar 2016

ECJ (Judgment) Preliminary reference – urgent preliminary ruling procedure – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 3, Paragraph 3 – Right member States to send an applicant to a safe third country – Article 18 – the member State responsible Bonds to consider the application in case of take back the applicant – 2013 Directive / 32 / EU – common procedures for granting and withdrawing international protection – Consideration of an application for international protection

[2016] EUECJ C-695/15, ECLI:EU:C:2016:188,
Bailii
Citing:
Opinion – Mirza v Bevandorlasi es Allampolgarsagi Hivatal (Borders, Asylum And Immigration) ECJ 8-Mar-2016
(Advocate General’s Opinion) Area of freedom, security and justice – Borders, asylum and immigration – Regulation No 604/2013 (Dublin III) – Examination of an application for international protection – Conditions for the exercise of the Member . .

Lists of cited by and citing cases may be incomplete.

European, Immigration

Updated: 13 January 2022; Ref: scu.561994

Holcim (Romania) v Commission: ECJ 7 Apr 2016

ECJ (Judgment) Appeal – Environment – Scheme for greenhouse gas emission allowance trading in the European Union – Directive 2003/87/EC – Articles 19 and 20 – Regulation (EC) No 2216/2004 – Article 10 – System of registries for transactions concerning emission allowances – Liability for fault – Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances – Strict liability

C-556/14, [2016] EUECJ C-556/14
Bailii
Directive 2003/87/EC, Regulation (EC) No 2216/2004

European, Environment

Updated: 13 January 2022; Ref: scu.561983

Massar v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: ECJ 7 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Free choice of lawyer for an insured person – Inquiry or proceedings – Definition – Authorisation granted by a public body to an employer for the purpose of terminating an employment contract

C-460/14, [2016] EUECJ C-460/14, ECLI:EU:C:2016:216
Bailii
Directive 87/344/EEC

European, Legal Professions

Updated: 13 January 2022; Ref: scu.561987

Industrias Tomas Morcillo v Euipo – Aucar Trailer (Polycart A Whole Cart Full Of Benefits): ECFI 7 Apr 2016

ECJ (Judgment) Brand of the European Union – Opposition proceedings – trade mark of the figurative EU Polycart A Whole Cart Full of Benefits – Make the earlier figurative EU POLICAR – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-613/14, [2016] EUECJ T-613/14, ECLI:EU:T:2016:198
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 13 January 2022; Ref: scu.561984

Liffers v Producciones Mandarina SL: ECJ 17 Mar 2016

ECJ (Judgment) Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 13(1) – Audiovisual work – Infringing activity – Damages – Rules for calculation – Lump sum – Moral prejudice – Inclusion)

C-99/15, [2016] EUECJ C-99/15
Bailii
Directive 2004/48/EC

European, Intellectual Property

Updated: 13 January 2022; Ref: scu.561956