des Gaz SA v Falks Veritas Ltd: CA 1974

The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ .
A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, not as at the date that the statement of claim was filed, unless a statute changing the law expresses a clear contrary intention.
Lord Denning MR
[1974] Ch 381, [1974] 3 All ER 51
European Communities Act 1972
England and Wales
Cited by:
CitedOakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .

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Updated: 21 May 2021; Ref: scu.235766