

Links: Home \| swarblaw - law discussions		swarb.co.uk - law index These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
		European - From: 1999 To: 1999 This page lists 588 cases, and was prepared on 27 May 2018. Â Whitehead v Jenks and Cattell Engineering Ltd [1999] Eur LR 827 1999 European, Agency 1 Citers Â Clees v Hauptrollamt Wuppertal Times, 04 January 1999; C-259/97; [1998] EUECJ C-259/97 4 Jan 1999 ECJ European For customs clearance purposes a vintage car is presumed of historic interest if still in its original state without alteration to brakes chassis and steering, over 30 years old, not still in production, but authority could still show not significant. Common Customs Tarriff (OJ 1987 L256-p1) [ Bailii ] Â Bocker-Lensing and Schulze-Beiering v Council and Commission T-1/96; [1999] EUECJ T-1/96 13 Jan 1999 ECFI European [ Bailii ] Â Astonquest Ltd, Regina (on The Application of) v Ministry of Agriculture, Fisheries and Food [1999] EWCA Civ 570 14 Jan 1999 CA Hirst, Aldous, Ward LJJ European, Agriculture The court considered the lawfulness of the manner in which the Ministry allocates fish quotas to vessels, such as that owned and managed by the appellant, which are not members of producer organisations. [ Bailii ] Â Unity Fr 165 Limited v Stephen Bellany v Ministry of Agriculture, Fisheries and Food [1999] EWHC Admin 32 14 Jan 1999 Admn European, Agriculture, Crime [ Bailii ] Â Marks and Spencer Plc v Commissioners of Customs and Excise Times, 19 January 1999 19 Jan 1999 QBD VAT, European Reclaims of overpaid VAT are governed by our domestic legislation, and not by European VAT law. Zero-rate is not a tax set under European law. Limitations on reclaims are therefore properly set by our national legislation. Unjust enrichment explored. Value Added Tax Act 1994 80 Â Calfa (Rec 1999,p I-11) (Judgment) C-348/96 19 Jan 1999 ECJ European Â NSK and others v Commission (Rec 1999,p I-1) (Judgment) C-245/95 19 Jan 1999 ECJ European Â Unity FR 165 Ltd and Another v Ministry of Agriculture Fisheries and Food Times, 20 January 1999 20 Jan 1999 QBD European, Agriculture When looking at the compliance of a company mackerel fishing with European limits, the boat had to comply with all elements of the regulations, including notification before entering the area and notification of the size of the catch. Council Regulation 894/97 art 9 Â Bagnasco and others (Rec 1999,p I-135) (Judgment) C-215/96 21 Jan 1999 ECJ European Â Neue Maxhutte Stahlwerke and Lech-Stahlwerke v Commission (Rec 1999,p II-17) T-129/95; T-129/95; [1999] EUECJ T-129/95 21 Jan 1999 ECFI European [ Bailii ] Â Commission v Italy (Rec 1999,p I-335) (Judgment) C-416/97 21 Jan 1999 ECJ European Â Riviera Auto Service v Commission (Rec 1999,p II-93) T-185/96; T-185/96; [1999] EUECJ T-185/96 21 Jan 1999 ECFI European [ Bailii ] Â Commission v Belgium (Rec 1999,p I-275) (Judgment) C-207/97 21 Jan 1999 ECJ European Â Commission v Portugal C-150/97 21 Jan 1999 ECJ European Â Criminal Proceedings Against Calfa Times, 21 January 1999; C-348/96; [1999] EUECJ C-348/96 21 Jan 1999 ECJ Criminal Sentencing, European A provision by a member state that a national from another member state could be expelled for life on conviction for certain drug offences and without consideration of his personal circumstances or the threat posed was contrary to Community law. ECTreaty 177 [ Bailii ] Â Regina v Secretary of State for Home Department ex parte Car and Medical Instrument Company Limited [1999] EWHC Admin 52 22 Jan 1999 Admn European, Commercial Competetive tendering. [ Bailii ] Â Trent Taverns Ltd v Ian Sykes Times, 05 March 1999; [1999] EWCA Civ 643 22 Jan 1999 CA European Because the law of stare decis does not apply between the European Courts and the English Courts, it is possible for a first instance judge to refer a case to the European Court on an issue which has already been decided the other way in other cases in the Court of Appeal. 1 Cites [ Bailii ] Â English v North Lanarkshire Council [1999] ScotCS 29; 1999 SCLR 310 22 Jan 1999 SCS Lord Reed Scotland, Health and Safety, European The application of the phrase 'work equipment' is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating. The 1998 Regulations should not be interpreted narrowly and in a way which would fail to implement the Framework Directive. Work Equipment Directive (Council Directive 89/655/EEC of 30 November 1989 - Provision and Use of Work Equipment Regulations 1998 1 Citers [ Bailii ] - [ ScotC ] Â Terhoeve (Rec 1999,p I-345) (Judgment) C-18/95 26 Jan 1999 ECJ European Â Sektkellerei Kessler (Rec 1999,p I-513) (Judgment) C-303/97 28 Jan 1999 ECJ European Â BAI v Commission (Rec 1999,p II-123) T-230/95; T-230/95; [1999] EUECJ T-230/95 28 Jan 1999 ECFI European [ Bailii ] Â D v Council (Rec 1999,p FP-IA-1,II-1) T-264/97; T-264/97; [1999] EUECJ T-264/97 28 Jan 1999 ECFI European [ Bailii ] Â BAI v Commission (Rec 1999,p II-139) T-14/96; T-14/96; [1999] EUECJ T-14/96 28 Jan 1999 ECFI European [ Bailii ] Â van der Kooy (Rec 1999,p I-483) (Judgment) C-181/97 28 Jan 1999 ECJ European Â BEUC v Commission (Rec 1999,p II-169) T-256/97; T-256/97 1 Feb 1999 ECFI European Â Passmore v Morland and Co plc and Others Times, 11 February 1999; [1999] EWCA Civ 696 2 Feb 1999 CA European, Landlord and Tenant The court was asked whether a beer supply agreement which, as between the original parties, was prohibited by Article 85(1) and so automatically void under the provisions of Article 85(2), may, nevertheless, be enforced by an assignee from one party in circumstances in which, if an agreement in identical terms had been entered into between the assignee and the other party at the time of the assignment, that agreement would not have been prohibited. Held: A public house tie to buy its beer from one supplier, which was unenforceable because the supplier controlled many such outlets, could become lawful and enforceable when assigned to a company which controlled fewer outlets. 1 Cites [ Bailii ] Â Gibson v East Riding of Yorkshire District Council Times, 12 February 1999; Gazette, 31 March 1999; [1999] UKEAT 526_98_0302 3 Feb 1999 EAT Employment, European, Local Government The Working Time Directive has direct application in the employment by an emanation of the state - a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and irrespective of any ambiguity or deficit in the regulations. Working Time Directive 93/104/EC OJ 1993 L307/18 1 Cites 1 Citers [ Bailii ] Â Pena Abizanda and others v Commission (Rec 1999,p FP-IA-5,II-15) T-196/98; T-196/98; [1999] EUECJ T-196/98 4 Feb 1999 ECFI European [ Bailii ] Â Pena Abizanda and others v Commission (Rec.1999,p.FP-IA-5,II-15) (Order) T-196/98 4 Feb 1999 ECFI European Â Kollensperger and Atzwanger C-103/97 4 Feb 1999 ECJ European Â Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another Times, 25 February 1999; C-167/97; [1999] IRLR 253; [1999] ICR 447; [1999] ECR I-623; [1999] EUECJ C-167/97 9 Feb 1999 ECJ Discrimination, European Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and women was substantial. EC Treaty 119 1 Cites 1 Citers [ Bailii ] Â ROSE Elektrotechnik (Rec 1999,p I-689) (Judgment) C-280/97 9 Feb 1999 ECJ European Â Commission v France (Rec 1999,p I-719) (Judgment) C-354/97 9 Feb 1999 ECJ European Â Politi v Fondation europeenne pour la formation (Rec 1999,p FP-IA-9,II-29) T-124/98; T-124/98; [1999] EUECJ T-124/98 9 Feb 1999 ECFI European [ Bailii ] Â van der Laan (Rec 1999,p I-731) (Judgment) C-383/97 9 Feb 1999 ECJ European Â Dilexport (Rec 1999,p I-579) (Judgment) C-343/96; [1998] EUECJ C-343/96; [1998] EUECJ C-343/96 9 Feb 1999 ECJ European [ Bailii ] - [ Bailii ] Â Politi v Fondation europeenne pour la formation (Rec.1999,p.FP-IA-9,II-29) (Order) T-124/98 9 Feb 1999 ECFI European Â Willeme v Commission (Rec 1999,p FP-IA-15,II-57) T-211/98; T-211/98 10 Feb 1999 ECFI European Â Hecq and SFIE v Commission T-35/98; [1999] EUECJ T-35/98 10 Feb 1999 ECFI European [ Bailii ] Â Hecq and SFIE v Commission (Rec.1999,p.FP-IA-11,II-41) (Judgment) T-35/98 10 Feb 1999 ECFI European Â AFS Intercultural Programs Finland ry (Rec 1999,p I-825) (Judgment) C-237/97 11 Feb 1999 ECJ European Â Carrasco Benitez v Agence (Rec 1999,p FP-IA-29,II-127) T-79/98; [1999] EUECJ T-79/98 11 Feb 1999 ECFI European [ Bailii ] Â Romanelli (Rec 1999,p I-855) (Judgment) C-366/97 11 Feb 1999 ECJ European Â Antillean Rice Mills and others (Rec 1999,p I-769) (Judgment) C-390/95 11 Feb 1999 ECJ European Â Â Commissioners of Customs and Excise v British Telecommunications Plc; HL 11-Feb-1999 - Gazette, 14 July 1999; Times, 05 July 1999; [1999] UKHL 3; [1999] 1 WLR 1376; [1999] AC 1376 Â Arbeitsgemeinschaft Deutscher Luftfahrt-Unte (Rec 1999,p II-179) T-86/96; [1999] EUECJ T-86/96 11 Feb 1999 ECFI European [ Bailii ] Â Jimenez v OHMI (Rec 1999,p FP-IA-19,II-73) T-200/97; T-200/97; [1999] EUECJ T-200/97 11 Feb 1999 ECFI European [ Bailii ] Â Mertens v Commission (Rec 1999,p FP-IA-23,II-91) T-244/97; T-244/97; [1999] EUECJ T-244/97 11 Feb 1999 ECFI European [ Bailii ] Â Leite Mateus v Commission (Rec 1999,p FP-IA-25,II-107) T-21/98; T-21/98; [1999] EUECJ T-21/98 11 Feb 1999 ECFI European [ Bailii ] Â Carrasco Benitez v Agence (Rec.1999,p.FP-IA-29,II-127) (Judgment) T-79/98 11 Feb 1999 ECFI European Â Leite Mateus v Commission (Rec.1999,p.FP-IA-25,II-107) (Judgment) T-21/98 11 Feb 1999 ECFI European Â Regina v H M Treasury; Commissioners of Customs and Excise and Attorney General ex parte Shepherd Neame Ltd Times, 17 February 1999; [1999] EWCA Civ 776 12 Feb 1999 CA European, Customs and Excise Community law does not impose any obligation on member states to refrain from imposing increases in excise duty. The differences between English and French rates are substantial, and damaging to brewers near the channel, but there remains no such duty. ECTreaty art 99 [ Bailii ] Â Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v Deenik C-63/97; [1999] ECR-I 905 23 Feb 1999 ECJ European, Intellectual Property The expressions complained of as trade mark infringements were "BMW specialist," "Specialised in BMWs" and "Repairs and maintenance of BMWs". Held: The Court proceeded on the basis that this was an Art.5(1)(a) case of identical marks and goods. It did not explicitly first identify the sign used by the defendant. But it was obvious what it was: just BMW. The other words in context were wholly devoid of any trade mark significance. 1 Citers Â Parliament v Council (Rec 1999,p I-869) (Judgment) C-42/97 23 Feb 1999 ECJ European Â Ferreiro Alvite (Rec 1999,p I-951) (Judgment) C-320/95 25 Feb 1999 ECJ European Â Â Commission v Luxembourg; ECJ 25-Feb-1999 - C-59/98 Â Matra Communication Sas v Home Office Times, 08 March 1999; Gazette, 08 April 1999; [1999] 1 WLR 1646; [1999] EWCA Civ 860 25 Feb 1999 CA European In the absence of comparable situations, a member state is entitled to choose the time limits within which a public service contract is to be challenged, provided only that it did not make it impossible to challenge and there was no prejudice against non-nationals. Council Directive 92/50/EC (OJ 1992 I209/1) on co-ordination of systems for awarding public service contracts 1 Citers [ Bailii ] Â Terhoeve v Inspecteur Van De Belastingdients Particulieren/Ondernemingen Buitenland Times, 25 February 1999; C-18/95 25 Feb 1999 ECJ European A worker employed for part of a year in another member state was entitled to enforce against his home country the right not to be treated adversely by way of income tax and insurance contributions. Reasons of administrative simplicity are insufficient. ECTreaty Art 177, Art 48 Â Â Giannini v Commission; ECFI 25-Feb-1999 - T-282/97; [1999] EUECJ T-282/97 Â Carbonari and others C-131/97 25 Feb 1999 ECJ European Â Swaddling v Adjudication Officer Times, 04 March 1999; C-90/97; [1999] ECRI-1075]; [1999] EUECJ C-90/97 25 Feb 1999 ECJ Benefits, European A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough. Europa Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 1247/92, read together with Article 1(h) thereof, precludes the Member State of origin - in the case of a person who has exercised his right to freedom of movement in order to establish himself in another Member State, in which he has worked and set up his habitual residence, and who has returned to his Member State of origin, where his family lives, in order to seek work - from making entitlement to one of the benefits referred to in Article 10a of Regulation No 1408/71 conditional upon `habitual residence' in that State, which presupposes not only an intention to reside there, but also completion of an appreciable period of residence there. 1 Citers [ Bailii ] Â Commission v Italy (Rec 1999,p I-1169) (Judgment) C-195/97 25 Feb 1999 ECJ European Â Commission v Luxembourg (Rec 1999,p I-1181) (Judgment) C-59/98 25 Feb 1999 ECJ European Â Commission v Belgium (Rec 1999,p I-1201) (Judgment) C-319/98 25 Feb 1999 ECJ European Â Commission v Gariboldi Engineering Company (Rec 1999,p I-1017) (Judgment) C-65/97 25 Feb 1999 ECJ European Â Card Protection Plan Ltd v Commissioners of Customs and Excise Times, 18 March 1999; C-349/96; [1999] STC 270; [1999] 2 AC 601; [1998] EUECJ C-349/96_O 25 Feb 1999 ECJ European, Scotland, VAT, Insurance A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European Law: "it is for the national court to determine … whether the transactions . . are to be regarded for VAT purposes as comprising two independent supplies . . or whether one of those two supplies is the principal supply to which the other is ancillary, so that it receives the same tax treatment as the principal supply." What matters is "the essential features of the transaction". "There is a single supply in particular in cases where one or more elements are to be regarded as constituting the principal service, whilst one or more elements are to be regarded, by contrast, as ancillary services which share the tax treatment of the principal service. A service must be regarded as ancillary to a principal service if it does not constitute for customers an aim in itself, but a means of better enjoying the principal service supplied . ." As to what amounted to insurance, the court said: "the essentials of an insurance transaction are, as generally understood, that the insurer undertakes, in return for prior payment of a premium, to provide the insured, in the event of materialisation of the risk covered, with the service agreed when the contract was concluded. It is not essential that the service the insurer has undertaken to provide in the event of loss consists in the payment of a sum of money, as that service may also take the form of the provision of assistance in cash or in kind of the type listed in the annex Directive 73/239 as amended by Directive 84/641. There is no reason for the interpretation of the term 'insurance' to differ according to whether it appears in the Directive on insurance or in the Sixth Directive." Directive 73/239 1 Cites 1 Citers [ Bailii ] Â Trans-Ex-Import (Rec 1999,p I-1041) (Judgment) C-86/97 25 Feb 1999 ECJ European Â Tzikis v Commission (Rec 1999,p FP-IA-37,II-167) T-203/98; T-203/98 26 Feb 1999 ECFI European Â Â Regina v Commissioners of Customs and Excise ex parte Lunn Poly Limited and Bishopsgate Insurance Limited; CA 26-Feb-1999 - Times, 11 March 1999; Gazette, 31 March 1999; [1999] EWCA Civ 867 Â Spain v Commission (Rec 1999,p I-1251) (Judgment) C-179/97 2 Mar 1999 ECJ European Â Colonia Versicherung and others (Rec 1999,p I-1279) (Order) C-422/98 2 Mar 1999 ECJ European Â Colonia Versicherung and others (Rec.1999,p.I-1279) (Order) C-422/98 2 Mar 1999 ECJ European Â Eddline El-Yassini (Rec 1999,p I-1209) (Judgment) C-416/96 2 Mar 1999 ECJ European Â Echauz Brigaldi and others v Commission C-315/97 3 Mar 1999 ECJ European Â HI (Rec 1999,p I-1405) (Judgment) C-258/97 4 Mar 1999 ECJ European Â Assicurazioni Generali and Unicredito v Commission T-87/96; [1999] EUECJ T-87/96 4 Mar 1999 ECFI European [ Bailii ] Â Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG C-87/97; [1999] ECR I-1301 4 Mar 1999 ECJ European, Commercial, Intellectual Property Upon the registration of a PDO ('protected designation of origin') national rules ceased to apply and "only the legal rules laid down in the Regulation are, together with the Treaty rules, relevant for the purpose of answering the questions referred about the scope of the protection of the PDO. The protection of the PDO is now guaranteed by Community law. 1 Citers Â Ufex and others v Commission C-119/97 4 Mar 1999 ECJ European Â Guerin automobiles v Commission (Rec.1999,p.I-1451) (Order) C-154/98 5 Mar 1999 ECJ European Â Guerin automobiles v Commission (Rec 1999,p I-1441) (Order) C-153/98; [1999] EUECJ C-153/98 5 Mar 1999 ECJ European [ Bailii ] Â Guerin automobiles v Commission (Rec 1999,p I-1451) (Order) C-154/98 5 Mar 1999 ECJ European Â Guerin automobiles v Commission (Rec.1999,p.I-1441) (Order) C-153/98 5 Mar 1999 ECJ European Â Centros (Rec 1999,p I-1459) (Judgment) C-212/97; [2000] EUECJ C-212/97 9 Mar 1999 ECJ European [ Bailii ] Â Hubert v Commission (Rec 1999,p FP-IA-41,II-185) T-212/97; T-212/97; [1999] EUECJ T-212/97 9 Mar 1999 ECFI European [ Bailii ] Â Richard v Parliament (Rec 1999,p FP-IA-45,II-235) T-273/97; T-273/97; [1999] EUECJ T-273/97 9 Mar 1999 ECFI European [ Bailii ] Â Stewart Roy v M R Pearlman Limited Times, 13 May 1999; 1999 SCLR 803; [1999] ScotCS 71; 1999 SC 459 10 Mar 1999 SCS Lord Hamilton European, Scotland A court investigating legislation, made to implement a European Directive, had still to apply UK principles in that interpretation, and not to disregard entirely common law rules. Commercial Agents (Council Directive) Regulations 1993 No 3053 - Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17 1 Cites [ Bailii ] - [ ScotC ] Â Gaspari v Parliament (Rec 1999,p FP-IA-55,II-287) T-66/98; [1999] EUECJ T-66/98 11 Mar 1999 ECFI European [ Bailii ] Â Â Regina v Ministry of Agriculture Fisheries and Food, Ex Parte British Agrochemicals Association Ltd; ECJ 11-Mar-1999 - Times, 30 March 1999; C-100/96 Â Â El-Yassini v Secretary of State for the Home Department; ECJ 11-Mar-1999 - Times, 11 March 1999; C-416/96 Â Herold v Commission (Rec 1999,p FP-IA-49,II-251) T-257/97; T-257/97; [1999] EUECJ T-257/97 11 Mar 1999 ECFI European [ Bailii ] Â Ensidesa v Commission (Rec 1999,p II-707) T-157/94; T-157/94; [1999] EUECJ T-157/94 11 Mar 1999 ECFI European [ Bailii ] Â Aristrain v Commission (Rec 1999,p II-645) T-156/94; [2004] EUECJ T-156/94; T-156/94; [1999] EUECJ T-156/94 11 Mar 1999 ECFI European [ Bailii ] - [ Bailii ] Â British Steel v Commission (Rec 1999,p II-629) T-151/94; [1999] EUECJ T-151/94 11 Mar 1999 ECFI European [ Bailii ] Â Preussag v Commission (Rec 1999,p II-613) T-148/94; T-148/94; [1999] EUECJ T-148/94 11 Mar 1999 ECFI European [ Bailii ] Â Unimetal v Commission (Rec 1999,p II-585) T-145/94; T-145/94; [1999] EUECJ T-145/94 11 Mar 1999 ECFI European [ Bailii ] Â Thyssen Stahl v Commission (Rec 1999,p II-347) T-141/94; [1999] EUECJ T-141/94 11 Mar 1999 ECFI European [ Bailii ] Â Cockerill-Sambre v Commission T-138/94; [1999] EUECJ T-138/94 11 Mar 1999 ECFI C.W. Bellamy European, Commercial ECFI 1 The fact that an undertaking which has been proved to have participated in collusion on prices with its competitors did not behave on the market in the manner agreed with its competitors is not necessarily a matter which must be taken into account as a mitigating circumstance when determining the amount of the fine to be imposed. An undertaking which, despite colluding with its competitors, follows a more or less independent policy on the market may simply be trying to exploit the cartel for its own benefit. 2 A reduction in the amount of the fine on grounds of cooperation during the administrative procedure is justified only if the conduct enabled the Commission to establish an infringement more easily and, where relevant, to bring it to an end. 3 By its nature, the fixing of a fine by the Court of First Instance in the exercise of its unlimited jurisdiction is not an arithmetically precise operation. Moreover, the Court is not bound by the Commission's calculations, but must carry out its own assessment, taking all the circumstances of the case into account. [ Bailii ] Â Arbed v Commission (Rec 1999,p II-303) T-137/94; T-137/94; [1999] EUECJ T-137/94 11 Mar 1999 ECFI European [ Bailii ] Â Â NMH Stahlwerke v Commission; ECFI 11-Mar-1999 - T-134/94; [1999] EUECJ T-134/94 Â Â Eurofer v Commission; ECFI 11-Mar-1999 - T-136/94; [1999] EUECJ T-136/94 Â Krupp Hoesch v Commission (Rec 1999,p II-603) T-147/94; T-147/94; [1999] EUECJ T-147/94 11 Mar 1999 ECFI European [ Bailii ] Â Gaspari v Parliament T-66/98 11 Mar 1999 ECFI European (Judgment) Â Castelletti (Rec 1999,p I-1597) (Judgment) C-159/97; [1999] EUECJ C-159/97 16 Mar 1999 ECJ European [ Bailii ] Â Denmark v Commission (Rec 1999,p I-1541) (Judgment) C-289/96 16 Mar 1999 ECJ European Â Trummer and Mayer (Rec 1999,p I-1661) (Judgment) C-222/97 16 Mar 1999 ECJ European Â Italy v Commission C-59/97 18 Mar 1999 ECJ European Â Carbajo Ferrero v Parliament (Rec 1999,p I-1749) (Judgment) C-304/97 18 Mar 1999 ECJ European Â de Compte v Parliament C-2/98 18 Mar 1999 ECJ European Â Commission v France (Judgment) C-166/97; [1999] ECR I-1719 18 Mar 1999 ECJ European, Environment ECJ A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive. In an action under Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing at the end of the period laid down in the reasoned opinion. Article 4(1) and (2) of Directive 79/409 on the conservation of wild birds requires the Member States to provide the special protection areas referred to therein with a legal protection regime that is capable, in particular, of ensuring both the survival and reproduction of the bird species listed in Annex I to the directive and the breeding, moulting and wintering of migratory species which are regular visitors, albeit not listed in that annex. A protection regime under which - for want of any specific substantive measures, except in relation to hunting - the only status enjoyed by a special protection area is that of State-owned land and of a maritime game reserve is incapable of providing adequate protection for the purposes of those provisions. 4 Under Article 4(4) of Directive 79/409 on the conservation of wild birds, Member States are required to take appropriate steps to avoid pollution and deterioration of the habitats of the species concerned, even in relation to an area which has not been classified as a special protection area provided that, under the directive, it should have been so classified. It follows that any infringement of that provision presupposes that the area in question is one of the most suitable territories in number and size for the conservation of protected species, within the meaning of the fourth subparagraph of Article 4(1) of the directive which lays down the criteria for such classification. In this connection, the mere fact that a site has been included by a Member State in an inventory of important areas for bird conservation does not prove that it ought to have been classified as a special protection area. 1 Citers Â de Compte v Parliament (Rec.1999,p.I-1787) (Judgment) C-2/98 18 Mar 1999 ECJ European Â Sinochem v Council T-97/95 22 Mar 1999 ECFI European Â Citibank International Plc v Kessler and An Times, 24 March 1999; Gazette, 14 April 1999 24 Mar 1999 CA Consumer, European A standard clause in a mortgage, giving the right to a lender to prevent the borrower letting the property, did not constitute an unlawful restriction on the freedom of movement of workers under European Law, and was not invalid. EC Treaty Art 44 Â Gencor Ltd v Commission T-102/96; [1999] EUECJ T-102/96; [1999] ECR II-753 25 Mar 1999 ECFI European ECFI Council Regulation 4064/89, Article 2(3) provided that there should be declared to be incompatible with the common market: "A concentration which creates or strengthens a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it.." There had been a merger through wholly-owned subsidiaries incorporated and carrying on business in South Africa of the platinum interests of Gencor and Lonrho, undertakings carrying on business in the European Community. It was contended that the merger was beyond the jurisdiction of the European Commission. Held: The court considered the territorial scope of the regulation. The regulation applied to concentrations which, while relating to activities outside the Community, have the effect of creating or strengthening a dominant position as a result of which effective competition in the common market is significantly impeded. A submission that the finding of the Commission was inconsistent with Ahlstrom Osakeyhtio was rejected: "Compatibility of the contested decision with public international law Following the concentration agreement, the previously existing competitive relationship between Implats and LPD, in particular so far as concerns their sales in the Community, would have come to an end. That would have altered the competitive structure within the common market since, instead of three South African PGM suppliers, there would have remained only two. The implementation of the proposed concentration would have led to the merger not only of the parties' PGM mining and production operations in South Africa but also of their marketing operations throughout the world, particularly in the Community where Implats and LPD achieved significant sales. Application of the Regulation is justified under public international law when it is foreseeable that a proposed concentration will have an immediate and substantial effect in the Community. In that regard, the concentration would, according to the contested decision, have led to the creation of a dominant duopoly on the part of Amplats and Implats/LPD in the platinum and rhodium markets, as a result of which effective competition would have been significantly impeded in the common market within the meaning of Article 2(3) of the Regulation. It is therefore necessary to verify whether the three criteria of immediate, substantial and foreseeable effect are satisfied in this case." 1 Cites 1 Citers [ Bailii ] Â Hamptaux v Commission (Rec 1999,p FP-IA-59,II-303) T-76/98; [1999] EUECJ T-76/98 25 Mar 1999 ECFI European [ Bailii ] Â Forges de Clabecq SA v Commission (Rec 1999,p II-859) T-37/97; T-37/97; [1999] EUECJ T-37/97 25 Mar 1999 ECFI European [ Bailii ] Â Antonio Munoz Y Cia S A , Superior Fruticola S A v Frumar Limited, Redbridge Produce Marketing Limited Times, 02 April 1999 26 Mar 1999 PatC European, Agriculture, Intellectual Property European legislation which controlled the naming and use of patented grape varieties did not provide for actions directly between the owner of the mark and an infringer. The purpose of the legislation was consumer protection achieved in other ways. EC Treaty 1 Cites 1 Citers Â Biscuiterie confiserie LOR and Confiserie du Tech v Commission T-114/96; [1999] EUECJ T-114/96 26 Mar 1999 ECFI European ECJ Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation concerning the registration of geographical indications and designations of origin under the procedure provided for in Article 17 of Regulation No 2081/92 - Action brought by producers of `tourons' - Inadmissible (EC Treaty, Arts 173, fourth para., and 189, fourth para.; Council Regulation No 2081/92; Commission Regulation No 1107/96) The action brought by `touron' producers established in France for annulment of Regulation No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation No 2081/92 in so far as it registers the names `Jijona' and `Turron de Alicante' as protected geographical indications, is inadmissible. Regulation No 1107/96 is, by nature and by virtue of its sphere of application, of a legislative nature and does not constitute a decision within the meaning of the fourth paragraph of Article 189 of the Treaty, since it applies to objectively determined situations and produces its legal effects with respect to categories of persons envisaged in the abstract, in conferring on any undertaking whose products fulfil the prescribed geographical and qualitative requirements the right to market them under one of the names specified, and in denying that right to any undertaking whose products do not fulfil those conditions. Although it is conceivable that, in certain circumstances, even a legislative measure applying to traders in general may be of individual concern to particular traders, that is not the position in the present case. The mere fact that the undertakings have used names such as `Jijona' or `Alicante' for the marketing of the `tourons' that they produce is not sufficient to distinguish them in the absence of any other evidence enabling it to be established that such use stems from a similar specific right which they acquired at national or Community level before the adoption of the contested regulation and which has been adversely affected by that regulation. [ Bailii ] Â Rasmussen v Commission (Rec 1999,p FP-IA-63,II-319) T-50/98; T-50/98; [1999] EUECJ T-50/98 14 Apr 1999 ECFI European [ Bailii ] Â Rasmussen v Commission (Rec.1999,p.FP-IA-63,II-319) (Judgment) T-50/98 14 Apr 1999 ECFI European Â LVM v Commission (Rec 1999,p II-931) T-305/94; T-305/94; [1999] EUECJ T-305/94 20 Apr 1999 ECFI European [ Bailii ] Â Â Regina v Secretary of State for Environment Transport and Regions ex parte International Air Transport Association; Admn 21-Apr-1999 - [1999] EWHC Admin 332 Â Charreire (Rec.1999,p.I-1963) (Order) C-28/98 21 Apr 1999 ECJ European Â Charreire (Rec 1999,p I-1963) (Order) C-28/98 21 Apr 1999 ECJ European Â Travel VAC SL v Sanchis Gazette, 11 August 1999; C-423/97; [1999] EUECJ C-423/97 22 Apr 1999 ECJ Consumer, European A contract for a time-share sold away from the registered office of the vendor was subject to the doorstep selling directive, and a right of cancellation applies. This may be so even if it had been signed at the time-share complex, if that was not the registered office of the company. The consumer can renounce the contract without proof of any duress and may not suffer any penalty for this. Council Directive 85/577/EEC Doorstep Selling; ands 94/47 Time-Shares [ Bailii ] Â Commission v United Kingdom (Rec 1999,p I-2023) (Judgment) C-340/96 22 Apr 1999 ECJ European Â CRT France International (Rec 1999,p I-2237) (Judgment) C-109/98; [1999] EUECJ C-109/98 22 Apr 1999 ECJ European [ Bailii ] Â Â Netherlands v Commission; ECJ 22-Apr-1999 - C-28/94; [1999] EUECJ C-28/94 Â Commission v Germany (Rec 1999,p I-2175) (Judgment) C-272/97; [1999] EUECJ C-272/97 22 Apr 1999 ECJ European [ Bailii ] Â CRT France International (Rec.1999,p.I-2237) (Judgment) C-109/98 22 Apr 1999 ECJ European Â Brognieri v Commission (Rec 1999,p FP-IA-65,II-329) T-148/96; T-148/96; [1999] EUECJ T-148/96 22 Apr 1999 ECFI European [ Bailii ] Â Kernkraftwerke Lippe-Ems v Commission (Rec 1999,p I-2057) (Judgment) C-161/97; [1999] EUECJ C-161/97P 22 Apr 1999 ECJ European [ Bailii ] Â Commission v SNUA C-69/97; [1999] EUECJ C-69/97 27 Apr 1999 ECJ European ECJ Arbitration clause - Breach of contract [ Bailii ] Â Thinus v Commission (Rec 1999,p FP-IA-69,II-353) T-283/97; T-283/97; [1999] EUECJ T-283/97 27 Apr 1999 ECFI European [ Bailii ] Â Deutsche Bahn v Commission (Rec 1999,p I-2387) (Order) C-436/97 27 Apr 1999 ECJ European Â Endemol v Commission (Rec 1999,p II-1299) T-221/95; T-221/95; [1999] EUECJ T-221/95 28 Apr 1999 ECFI European [ Bailii ] Â Van Parys and others v Commission (Rec 1999,p II-1355) T-11/99; T-11/99; [1999] EUECJ T-11/99 28 Apr 1999 ECFI European [ Bailii ] Â Commission v France (Rec 1999,p I-2447) (Judgment) C-250/98; [1999] EUECJ C-250/98 28 Apr 1999 ECJ European [ Bailii ] Â Van Parys and others v Commission (Rec.1999,p.II-1355) (Order) T-11/99 28 Apr 1999 ECFI European Â Luksch (Rec.1999,p.I-2423) (Judgment) C-31/98 28 Apr 1999 ECJ European Â Movenpick Deutschland (Rec 1999,p I-2397) (Judgment) C-405/97; [1999] EUECJ C-405/97 28 Apr 1999 ECJ European [ Bailii ] Â Luksch (Rec 1999,p I-2423) (Judgment) C-31/98; [1999] EUECJ C-31/98 28 Apr 1999 ECJ European [ Bailii ] Â Commission v France (Rec.1999,p.I-2447) (Judgment) C-250/98 28 Apr 1999 ECJ European Â Unione provinciale degli agricoltori di Firenze and others v Commission T-78/98; [1999] EUECJ T-78/98 29 Apr 1999 ECFI European [ Bailii ] Â Unione provinciale degli agricoltori di Firenze and others v Commission (Rec.1999,p.II-1377) (Order) T-78/98 29 Apr 1999 ECFI European Â Coursier (Rec 1999,p I-2543) (Judgment) C-267/97; [1999] EUECJ C-267/97 29 Apr 1999 ECJ European [ Bailii ] Â Alce v Commission (Rec.1999,p.II-1395) (Order) T-120/98 29 Apr 1999 ECFI European Â Alce v Commission (Rec 1999,p II-1395) T-120/98; T-120/98; [1999] EUECJ T-120/98 29 Apr 1999 ECFI European [ Bailii ] Â Consorzio Caseifici Altopiano di Asiago C-288/97; [1999] EUECJ C-288/97 29 Apr 1999 ECJ European (Judgment) [ Bailii ] Â Campoli v Commission C-7/99 30 Apr 1999 ECJ European Â Pescados Congelados Jogamar v Commission T-311/97; [1999] EUECJ T-311/97 30 Apr 1999 ECFI European [ Bailii ] Â Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Times, 30 April 1999; C-340/96; [1999] EUECJ C-340/96 30 Apr 1999 ECJ European, Utilities The system in the UK of the government accepting undertakings from water companies as to the steps to be taken to comply with European regulations as to water standards had been used to allow non-compliance. The UK was in breach of requirements. Council Directive 80/778/EEC - Water Industry Act 1991 [ Bailii ] Â Campoli v Commission (Rec.1999,p.I-2679) (Order) C-7/99 30 Apr 1999 ECJ European Â Z v Parliament (Rec 1999,p FP-IA-77,II-401) T-242/97; T-242/97; [1999] EUECJ T-242/97 4 May 1999 ECFI European [ Bailii ] Â Surul (Rec 1999,p I-2685) (Judgment) C-262/96; [1999] EUECJ C-262/96 4 May 1999 ECJ European [ Bailii ] Â Marzola v Commission (Rec 1999,p FP-IA-73,II-375) T-161/97; T-161/97; [1999] EUECJ T-161/97 4 May 1999 ECFI European [ Bailii ] Â Windsurfing Chiemsee (Law Relating To Undertakings) C-109/97; [1999] EUECJ C-109/97 4 May 1999 ECJ European [ Bailii ] Â Windsurfing Chiemsee Produktions and Vertriebs GmbH v Boots und Segelzubehor Walter Huber and another Times, 18 May 1999; Gazette, 06 October 1999; C-108/97; [1999] ETMR 585; [1999] EUECJ C-108/97 4 May 1999 ECJ Intellectual Property, European Registration is to be refused in respect of descriptive marks, ie marks composed exclusively of signs or indications which may serve to designate the characteristics of the categories of goods or services in respect of which registration is applied for. Article 3(1)(c) therefore prevents descriptive signs and indications from being reserved to one undertaking alone because they have been registered as trade marks. A geographical name could not normally be registrable as a trade mark, even where a place was already associated with certain goods, or might become so associated. A name could only be registrable where had come to be associated with a particular product. As to the use of a registered mark by third parties: "In addition, Article 6(1)(b) of the Directive, to which the national court refers in its questions, does not run counter to what has been stated as to the objective of Article 3(1)(c), nor does it have a decisive bearing on the interpretation of that provision. Indeed, Article 6(1)(b), which aims, inter alia, to resolve the problems posed by registration of a mark consisting wholly or partly of a geographical name, does not confer on third parties the right to use the name as a trade mark but merely guarantees their right to use it descriptively, that is to say, as an indication of geographical origin, provided that it is used in accordance with honest practices in industrial and commercial matters." Council Directive 89/104/EEC art 3 1 Citers [ Bailii ] Â Philips Electronics Nv v Remington Consumer Products Limited [1999] EWCA Civ 1340; [1999] RPC 809 5 May 1999 CA Aldous LJ Intellectual Property, European The court referred to the European Court of Justice the question of whether the arrangement of three heads on a razor was functional, and so was not capable of protection as a trade mark. 1 Cites 1 Citers [ Bailii ] Â Boyd Line Management Services Ltd v Ministry of Agriculture Fisheries and Food Gazette, 06 May 1999 6 May 1999 CA European The duty to prevent over-fishing allowed the minister to prevent further fishing by licensed vessels even though the limit had been reached by over fishing by un-licensed vessels. Claim for compensation failed because rules were correct. EC Regulation 3760/92 (OJ 1992 No L389/1) Â Monsees (Rec 1999,p I-2921) (Judgment) C-350/97; [1999] EUECJ C-350/97 11 May 1999 ECJ European [ Bailii ] Â Adrianus Albers; Martinus Van den Berkmortel and Leon Nuchelmans C-425/97; [1999] EUECJ C-425/97; C-426/97; [1999] EUECJ C-426/97; C-427/97; [1999] EUECJ C-427/97 11 May 1999 ECJ European Directive 83/189/EEC - Technical regulations - Obligation to notify - Prohibition on growth promoters - Approximation Of Laws [ Bailii ] - [ Bailii ] - [ Bailii ] Â Anssens (Rec.1999,p.I-2969) (Order) C-325/98 11 May 1999 ECJ European Â Pfeiffer Grosshandel GmbH v Lowa Warenhandel GmbH C-255/97; [1999] EUECJ C-255/97 11 May 1999 ECJ European, Intellectual Property ECJ Articles 30 and 52 of the EC Treaty (after amendment, Articles 28 EC and 43 EC) - Industrial and commercial property - Trade name. [ Bailii ] Â Anssens (Rec 1999,p I-2969) (Order) C-325/98 11 May 1999 ECJ European Â Moccia Irme v Commission (Ecsc) French Text T-130/97; [1999] EUECJ T-130/97 12 May 1999 ECFI European [ Bailii ] Â Moccia Irme v Commission (Ecsc) French Text T-165/96; [1999] EUECJ T-165/96 12 May 1999 ECFI European [ Bailii ] Â Moccia Irme v Commission (Ecsc) French Text T-166/96; [1999] EUECJ T-166/96 12 May 1999 ECFI European ECFI Action for annulment - State aid - ECSC Treaty - Fifth Aid Code steel - Status of regular production within the meaning of Article 4, paragraph 2, of the Code fifth Steel Aid [ Bailii ] Â Moccia Irme and others v Commission (Rec 1999,p II-1477) T-164/96; T-164/96; [1999] EUECJ T-164/96 12 May 1999 ECFI European [ Bailii ] Â Moccia Irme v Commission (Ecsc) French Text T-167/96; [1999] EUECJ T-167/96 12 May 1999 ECFI European [ Bailii ] Â Moccia Irme v Commission (Ecsc) French Text T-122/97; [1999] EUECJ T-122/97 12 May 1999 ECFI European [ Bailii ] Â Accinauto v Commission (Rec 1999,p II-1635) T-176/95; T-176/95; [1999] EUECJ T-176/95 19 May 1999 ECFI European [ Bailii ] Â BASF v Commission T-175/95; [1999] EUECJ T-175/95 19 May 1999 ECFI European [ Bailii ] Â Connolly v Commission (Rec 1999,p FP-IA-87,II-463) T-34/96; T-34/96; [1999] EUECJ T-34/96 19 May 1999 ECFI European [ Bailii ] Â Commission v France (Rec 1999,p I-3011) (Judgment) C-225/97; [1999] EUECJ C-225/97 19 May 1999 ECJ European [ Bailii ] Â Â Coote v Granada Hospitality Ltd; EAT 19-May-1999 - Times, 03 June 1999; EAT/1332/95; [1999] UKEAT 1332_95_1905 Â Connolly v Commission T-203/95; [1999] EUECJ T-203/95 19 May 1999 ECFI European [ Bailii ] Â Connolly v Commission (Rec 1999,p FP-IA-95,II-517) T-214/96; T-214/96; [1999] EUECJ T-214/96 19 May 1999 ECFI European [ Bailii ] Â Boyd Line Management Services Ltd v Ministry of Agriculture Fisheries and Food Times, 19 May 1999 19 May 1999 CA European The article in the Directive was directed to the punishment for overall excess of fishing by a nation's fleet, and did not affect the allocation of that quota within the fleet, or compensation for reductions in licences. Â Italy v Commission (Rec 1999,p I-2981) (Judgment) C-6/97; [1999] EUECJ C-6/97 19 May 1999 ECJ European [ Bailii ] Â Commission v Greece (Rec.1999,p.I-3047) (Judgment) C-185/98 20 May 1999 ECJ European Â Â Angestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse; ECJ 20-May-1999 - Times, 20 May 1999; C-309/97; [1999] EUECJ C-309/97; [2000] ICR 1134 Â Commission v Greece (Rec 1999,p I-3047) (Judgment) C-185/98; [1999] EUECJ C-185/98 20 May 1999 ECJ European [ Bailii ] Â H and R Ecroyd v Commission T-220/97; [1999] EUECJ T-220/97 20 May 1999 ECFI Moura Ramos P European, Agriculture ECFI Preliminary rulings - Assessment of validity - Declaration that a regulation is invalid - Effects - Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions - Scope - Compensation for damage caused by the illegality found - Covered (EC Treaty, Arts 176, 177 and 215, second para. (now Arts 233 EC, 234 EC and 288, second para., EC) When, in proceedings under Article 177 of the EC Treaty (now Article 234 EC), the Court of Justice rules that an act adopted by the Community legislature is invalid, its decision has the legal effect of requiring the competent Community institutions to adopt the measures necessary to remedy that illegality. They must therefore take the measures necessary to comply with that judgment in the same way as they must, under Article 176 of the Treaty (now Article 233 EC), in the case of a judgment annulling a measure or declaring that the failure of a Community institution to act is unlawful. When a Community measure is held to be invalid by a preliminary ruling, the obligation laid down by Article 176 of the Treaty applies by analogy. The obligation on the institutions to take the measures necessary to remedy illegalities found by the Community judicature requires them not only to adopt the essential legislative or administrative measures but also to make good damage which has resulted from the unlawful act, subject to fulfilment of the conditions laid down in the second paragraph of Article 215 of the Treaty (now the second paragraph of Article 288 EC)concerning the presence of fault, harm and a causal link. Regulation (EEC)No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products [ Bailii ] Â Asia Motor France and others v Commission (Rec 1999,p II-1703) T-154/98; T-154/98 21 May 1999 ECFI European Â Zino Davidoff SA v A and G Imports Ltd Times, 24 May 1999; [1999] RPC 631 24 May 1999 ChD Intellectual Property, European Though a company could prevent parallel import within the EU, it could not prevent goods sold outside the EU but without restriction on re-sale, being subsequently re-sold into the EU. The removal of a numbering mark did not materially reduce its quality. Trade Mark Council Directive 89/104/EEC 1 Citers Â Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd [1999] EWCA Civ 1501 27 May 1999 CA Lord Justice Schiemann Lord Justice Mance Lord Justice Morritt Commercial, Contract, European The court considered the validity of beer ties affecting public houses. 1 Cites 1 Citers [ Bailii ] Â Meyer v Council (Rec.1999,p.II-1749) (Order) T-74/99 1 Jun 1999 ECFI European Â Meyer v Council and Commission (Rec 1999,p II-1739) T-73/99 1 Jun 1999 ECFI European Â Konle (Rec 1999,p I-3099) (Judgment) C-302/97; [1999] EUECJ C-302/97 1 Jun 1999 ECJ European [ Bailii ] Â Brighina Bonaiti v Commission (Rec.1999,p.FP-IA-101,II-569) (Order) T-93/99 1 Jun 1999 ECFI European Â Meyer v Commission (Rec.1999,p.II-1727) (Order) T-71/99 1 Jun 1999 ECFI European Â Kortas (Rec 1999,p I-3143) (Judgment) C-319/97; [1999] EUECJ C-319/97 1 Jun 1999 ECJ European [ Bailii ] Â Swiss China Time Ltd v Benetton International NV C-126/97; [1999] EUECJ C-126/97; [1999] ECR 1-3055 1 Jun 1999 ECJ European, Commercial ECJ Competition - Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) - Power of national courts to annul arbitration awards. "Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning of the internal market." EC Treaty 81 1 Citers [ Bailii ] Â Rodriguez Perez and others v Commission (Rec.1999,p.FP-IA-97,II-529) (Judgment) T-114/98 1 Jun 1999 ECFI European Â Meyer v Commission (Rec 1999,p II-1727) T-71/99; [1999] EUECJ T-71/99 1 Jun 1999 ECFI European [ Bailii ] Â Rodriguez Perez and others v Commission T-114/98; [1999] EUECJ T-114/98 1 Jun 1999 ECFI European [ Bailii ] Â Colim (Rec 1999,p I-3175) (Judgment) C-33/97; [1999] EUECJ C-33/97 3 Jun 1999 ECJ European [ Bailii ] Â TF1 v Commission (Rec 1999,p II-1757) T-17/96; T-17/96; [1999] EUECJ T-17/96 3 Jun 1999 ECFI European [ Bailii ] Â Commission v Luxembourg (Rec 1999,p I-3247) (Judgment) C-417/97; [1999] EUECJ C-417/97 3 Jun 1999 ECJ European [ Bailii ] Â ACAV and others v Council (Rec 1999,p II-1797) T-138/98; T-138/98 3 Jun 1999 ECFI European Â Gomez Rivero C-211/97; [1999] EUECJ C-211/97 3 Jun 1999 ECJ European [ Bailii ] Â Coussios v Commission T-295/97; [1999] EUECJ T-295/97 3 Jun 1999 ECFI European [ Bailii ] Â Â Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association; QBD 3-Jun-1999 - Times, 03 June 1999; [1999] EWHC Admin 333; [1999] COD 315; [2000] 1 Lloyds Rep 242; [1999] Eu LR 811; [1999] 2 CMLR 1385 Â Commission v Germany (Rec 1999,p I-3257) (Judgment) C-198/97; [1999] EUECJ C-198/97 8 Jun 1999 ECJ European [ Bailii ] Â Erna Pelzl and Ors (Taxation) C-344/97; [1999] EUECJ C-344/97 8 Jun 1999 ECJ European [ Bailii ] Â Pelzl and others (Rec 1999,p I-3319) (Judgment) C-338/97; [1999] EUECJ C-338/97 8 Jun 1999 ECJ European [ Bailii ] Â Erna Pelzl and Ors (Taxation) C-390/97; [1999] EUECJ C-390/97 8 Jun 1999 ECJ European [ Bailii ] Â Meeusen (Rec 1999,p I-3289) (Judgment) C-337/97; [1999] EUECJ C-337/97 8 Jun 1999 ECJ European [ Bailii ] Â Johannes (Rec 1999,p I-3475) (Judgment) C-430/97; [1999] EUECJ C-430/97 10 Jun 1999 ECJ European [ Bailii ] Â Wettwer (Rec 1999,p I-3449) (Judgment) C-376/97; [1999] EUECJ C-376/97 10 Jun 1999 ECJ European [ Bailii ] Â Braathens (Rec 1999,p I-3419) (Judgment) C-346/97; [1999] EUECJ C-346/97 10 Jun 1999 ECJ European [ Bailii ] Â E-Quattro v Commission T-10/98; [1999] EUECJ T-10/98 10 Jun 1999 ECFI European [ Bailii ] Â Commission v SIVU du plan d'eau de la Vallee du Lot (Rec 1999,p I-3363) (Judgment) C-172/97 10 Jun 1999 ECJ European Â Commission v Comune di Montorio al Vomano (Rec 1999,p I-3387) (Judgment) C-334/97; [1999] EUECJ C-334/97 10 Jun 1999 ECJ European [ Bailii ] Â Â Horne Engineering v Reliance Water Controls; 10-Jun-1999 - [2000] FSR 90 Â E-Quattro v Commission (Rec.1999,p.II-1811) (Judgment) T-10/98 10 Jun 1999 ECFI European Â Courage Ltd v Crehan; The Inntrepreneur Beer Supply Co Ltd v Byrne; Same v Langton; Greenalls Management Ltd v Smith; Walker Cain Ltd v McCaughey Gazette, 27 June 1999; Times, 14 June 1999; [1999] EWCA Civ 1500; [2001] 3 WLR 1646; [1999] EuLR 834 14 Jun 1999 CA Commercial, Contract, European There is not to be read into a beer tie term any implied provision that the beer to be supplied under the term was to be supplied at any kind of advantageous price. A tenant seeking damages for failure to supply under such a term was not entitled to set of his claim against rent due. The claim for damages on the basis that the tie contravened the Treaty was referred to the European Court. EC Treaty Art 81 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Tarantik (Rec 1999,p I-3633) (Judgment) C-421/97; [1999] EUECJ C-421/97 15 Jun 1999 ECJ European [ Bailii ] Â Regione autonoma Friuli-Venezia Giulia v Commission (Rec 1999,p II-1871) T-288/97; [2001] EUECJ T-288/97; T-288/97; [1999] EUECJ T-288/97 15 Jun 1999 ECFI European [ Bailii ] - [ Bailii ] Â Ismeri Europa v Court of Auditors (Rec 1999,p II-1825) T-277/97; T-277/97; [1999] EUECJ T-277/97 15 Jun 1999 ECFI European [ Bailii ] Â Rechberger and others (Rec 1999,p I-3499) (Judgment) C-140/97; [1999] EUECJ C-140/97 15 Jun 1999 ECJ European [ Bailii ] Â Heinonen (Rec 1999,p I-3599) (Judgment) C-394/97; [1999] EUECJ C-394/97 15 Jun 1999 ECJ European [ Bailii ] Â Andersson and Wakeras-Andersson (Judgment) C-321/97; [1999] EUECJ C-321/97 15 Jun 1999 ECJ European [ Bailii ] Â Antonio Munoz Y Cia SA Superior Fruitcola SA v Frumar Limited Redbridge Produce Marketing Limited [1999] EWCA Civ 1591 16 Jun 1999 CA Mummery LJ European, Agriculture The claimant sought to enforce European agricultural quality standards against the defendant, who was selling grapes in breach of the European Directive. Held: The defendants were in breach, but the Directive did not give the claimants a direct right to enforce it. The issue was referred to the European Court. 1 Cites 1 Citers [ Bailii ] Â ARAP and others v Commission (Rec 1999,p II-1889) T-82/96; [1999] EUECJ T-82/96 17 Jun 1999 ECFI European [ Bailii ] Â Unibank (Rec 1999,p I-3715) (Judgment) C-260/97; [1999] EUECJ C-260/97 17 Jun 1999 ECJ European [ Bailii ] Â Socridis (Rec.1999,p.I-3791) (Judgment) C-166/98 17 Jun 1999 ECJ European Â Belgium v Commission (Rec 1999,p I-3671) (Judgment) C-75/97; [1999] EUECJ C-75/97 17 Jun 1999 ECJ European [ Bailii ] Â Commission v Italy (Rec 1999,p I-3771) (Judgment) C-336/97; [1999] EUECJ C-336/97 17 Jun 1999 ECJ European [ Bailii ] Â Socridis (Rec 1999,p I-3791) (Judgment) C-166/98; [1999] EUECJ C-166/98 17 Jun 1999 ECJ European [ Bailii ] Â Industrie Aeronautiche e Meccaniche Rinaldo Piaggio SpA v International Factors Italia SpA (Ifitalia) C-295/97; [1999] EUECJ C-295/97 17 Jun 1999 ECJ European ECJ State aid - Article 92 of the EC Treaty (now, after amendment, Article 87 EC) - New aid - Prior notification [ Bailii ] Â Â Amb Imballaggi Plastici Srl v Pacflex Ltd; CA 18-Jun-1999 - Gazette, 07 July 1999; Times, 08 July 1999; [1999] EWCA Civ 1618; [1999] CLC 1391; [1999] 2 All ER (Comm) 249; [1999] Eu LR 930; (1999) 18 Tr LR 153; [2000] ECC 381 Â Garcia Retortillo v Council (Rec.1999,p.II-1939,IA-107,II-591) (Order) T-107/99 21 Jun 1999 ECFI European Â ED (Rec 1999,p I-3845) (Judgment) C-412/97; [1999] EUECJ C-412/97 22 Jun 1999 ECJ European [ Bailii ] Â Lloyd Schuhfabrik Meyer v Klijsen Handel Gazette, 06 October 1999; Times, 30 June 1999; C-342/97; [2000] FSR 77; [1999] IP & T; [1999] ECR I-3819; [1999] ETMR 690; [1999] EUECJ C-342/97 22 Jun 1999 ECJ European, Intellectual Property ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply the rules of Community law, as interpreted by the Court, to the facts of the case under consideration. It is possible that mere aural similarity between a trade mark and a sign, used for identical or similar products, may create a likelihood of confusion within the meaning of Article 5(1)(b) of First Directive 89/104 on trade marks. The more similar the goods or services covered and the more distinctive the earlier mark, the greater will be the likelihood of confusion. In order to determine the distinctive character of a mark and, accordingly, to assess whether it is highly distinctive, it is necessary to make a global assessment of the greater or lesser capacity of the mark to identify the goods or services for which it has been registered as coming from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings. In making that assessment, account should be taken of all relevant factors and, in particular, of the inherent characteristics of the mark, including the fact that it does or does not contain an element descriptive of the goods or services for which it has been registered. It is not possible to state in general terms, for example by referring to given percentages relating to the degree of recognition attained by the mark within the relevant section of the public, when a mark has a strong distinctive character. 1 Citers [ Bailii ] Â Â Commission v Belgium (Rec 1999,p I-3999) (Judgment); ECJ 29-Jun-1999 - C-172/98; [1999] EUECJ C-172/98 Â Suede v Council (Rec 1999,p I-3885) (Judgment) C-206/97; [1999] EUECJ C-206/97 29 Jun 1999 ECJ European [ Bailii ] Â DM Transport (Rec 1999,p I-3913) (Judgment) C-256/97; [1999] EUECJ C-256/97 29 Jun 1999 ECJ European [ Bailii ] Â Butterfly Music v Carosello Edizioni Musicali e Discografiche Srl [1999] ECR I-3939; C-60/98; [1999] EUECJ C-60/98 29 Jun 1999 ECJ GC Rodriguez Iglesias, P European, Intellectual Property ECJ Copyright and related rights - Directive 93/98/EEC - Harmonisation of the term of protection Directive 93/98/EEC [ Bailii ] Â Italy v Commission (Rec 1999,p I-4011) (Order) [2002] EUECJ C-107/99; C-107/99 29 Jun 1999 ECJ European [ Bailii ] Â Pfizer Animal Health v Council T-13/99; [2002] EUECJ T-13/99 30 Jun 1999 ECFI European [ Bailii ] Â Manfred Trummer and Peter Mayer Case C-222/97 Gazette, 30 June 1999 30 Jun 1999 ECJ European National rules which restricted the registration of mortgage loans in other currencies, were a restriction on the movement of capital and in breach the Treaty. The liquidation of an investment in real property constituted a movement of capital, and such a restriction reduced the value of such a security. Â Alpharma v Council T-70/99; [2002] EUECJ T-70/99 30 Jun 1999 ECFI European [ Bailii ] Â Alexopoulou v Commission (Rec.1999,p.I-4069) (Judgment) C-155/98 1 Jul 1999 ECJ European Â Alexopoulou v Commission (Rec 1999,p I-4069) (Judgment) C-155/98; [1999] EUECJ C-155/98P 1 Jul 1999 ECJ European [ Bailii ] Â Battital (Rec.1999,p.I-4039) (Judgment) C-14/98 1 Jul 1999 ECJ European Â Battital (Rec 1999,p I-4039) (Judgment) C-14/98; [1999] EUECJ C-14/98 1 Jul 1999 ECJ European [ Bailii ] Â Â Sebago and Maison Dubois et Fils SA v GB-Unic SA; ECJ 1-Jul-1999 - Times, 07 July 1999; [2000] Ch 558; (1999) ECR I-1403; [1999] EUECJ C-173/98; C-173/98 Â Optident Limited; Ultradent Products Inc v Secretary of State for Trade and Industry and Secretary of State for Health Times, 28 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1737 1 Jul 1999 CA Health, European Bodies set up to decide upon the regulation of medical devices did not have competence to decide whether an article was itself a medical device rather than a cosmetic. That issue is for the national courts. They could only decide upon the issues provided for by the Directive, and not whether the Directive applied. Council Directive 93/42/EEC on Medical Devices [ Bailii ] Â Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [1999] EWCA Civ 1738; [1999] EuLR 968 1 Jul 1999 CA Health, Consumer, European Application for leave to appeal to House of Lords - refused. However "on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible decision-maker has reached after consultation with its expert advisers" Food Safety Act 1990 13 1 Cites 1 Citers Â Seche v Commission (Rec 1999,p FP-IA-115,II-623) T-112/96; T-112/96; [1999] EUECJ T-112/96 6 Jul 1999 ECFI European [ Bailii ] Â Forvass v Commission (Rec 1999,p FP-IA-129,II-705) T-203/97; T-203/97; [1999] EUECJ T-203/97 6 Jul 1999 ECFI European [ Bailii ] Â Wirtschaftsvereinigung Stahl v Commission (Rec 1999,p II-2155) T-106/96; [1999] EUECJ T-106/96 7 Jul 1999 ECFI European [ Bailii ] Â British Steel v Commission (Rec 1999,p II-2089) T-89/96; [1999] EUECJ T-89/96 7 Jul 1999 ECFI European [ Bailii ] Â Eridania Zuccherifici Nazionali and others v Council (Rec 1999,p II-2245) T-168/95; T-168/95; [1999] EUECJ T-168/95 8 Jul 1999 ECFI European [ Bailii ] Â Commission v France (Rec 1999,p I-4927) (Judgment) C-354/98; [1999] EUECJ C-354/98 8 Jul 1999 ECJ European [ Bailii ] Â Eridania and others v Council (Rec 1999,p II-2219) T-158/95; T-158/95; [1999] EUECJ T-158/95 8 Jul 1999 ECFI European [ Bailii ] Â Commission v France (Rec.1999,p.I-4927) (Judgment) C-354/98 8 Jul 1999 ECJ European Â Chemie Linz v Commission (Rec 1999,p I-4643) (Judgment) C-245/92; [1999] EUECJ C-245/92P 8 Jul 1999 ECJ European [ Bailii ] Â Procter and Gamble v OHMI (BABY-DRY) (Rec.1999,p.II-2383) (Judgment) T-163/98 8 Jul 1999 ECFI European Â Â Mann and others v Secretary of State for Employment; HL 8-Jul-1999 - Times, 19 July 1999; [1999] UKHL 29; [1999] ICR 898 Â Commission v Anic Partecipazioni (Rec 1999,p I-4125) (Judgment) C-49/92; [1999] EUECJ C-49/92P; [1999] EUECJ C-49/92 8 Jul 1999 ECJ European [ Bailii ] - [ Bailii ] Â Hercules Chemicals v Commission (Rec 1999,p I-4235) (Judgment) C-51/92; [1999] EUECJ C-51/92P 8 Jul 1999 ECJ European [ Bailii ] Â Huls v Commission (Rec 1999,p I-4287) (Judgment) C-199/92; [1999] EUECJ C-199/92P 8 Jul 1999 ECJ European [ Bailii ] Â ICI v Commission (Rec 1999,p I-4399) (Judgment) C-200/92; [1999] EUECJ C-200/92P 8 Jul 1999 ECJ European [ Bailii ] Â Hoechst v Commission (Rec 1999,p I-4443) (Judgment) C-227/92; [1999] EUECJ C-227/92P 8 Jul 1999 ECJ European [ Bailii ] Â Baxter and others (Rec 1999,p I-4809) (Judgment) C-254/97; [1999] EUECJ C-254/97 8 Jul 1999 ECJ European [ Bailii ] Â Montecatini SPA v Commission C-235/92; [1999] ECR 1-4539; [1999] EUECJ C-235/92P; [1999] ECR I-4539 8 Jul 1999 ECJ European, Commercial Breach of competition laws leading to substantial financial penalties are regarded by the European Court as criminal rather than civil in nature. Europa College of Members of the Commission - Competition rules applicable to undertakings - Concepts of agreement and concerted practice - Limitation rules - Fine. 1 Citers [ Bailii ] Â Commission v Greece (Rec 1999,p I-4913) (Judgment) C-215/98; [1999] EUECJ C-215/98 8 Jul 1999 ECJ European [ Bailii ] Â DSM v Commission (Rec 1999,p I-4695) (Judgment) C-5/93; [1999] EUECJ C-5/93P 8 Jul 1999 ECJ European [ Bailii ] Â Parliament v Council (Rec 1999,p I-4741) (Judgment) C-189/97; [1999] EUECJ C-189/97 8 Jul 1999 ECJ European [ Bailii ] Â Fernandez de Bobadilla (Rec 1999,p I-4773) (Judgment) C-234/97; [1999] EUECJ C-234/97 8 Jul 1999 ECJ European [ Bailii ] Â Edouard Dubois and fils v Council and Commission [1999] ECR I-4103; C-95/98 8 Jul 1999 ECJ European 1 Citers Â Commission v France (Rec 1999,p I-4853) (Judgment) C-178/98; [1999] EUECJ C-178/98 8 Jul 1999 ECJ European [ Bailii ] Â Maria Amelia Nunes and Evangelina de Matos C-186/98; [1999] EUECJ C-186/98; [1999] ECR I-4883, 8 Jul 1999 ECJ European Europa Financial assistance granted from the European Social Fund - Improper use of funds - Penalties under Community law and national law. 1 Citers [ Bailii ] Â Commission v Belgium C-203/98 C-203/98; [1999] EUECJ C-203/98 8 Jul 1999 ECJ European (Judgment) Failure by a Member State to fulfil its obligations - Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) - Air traffic - Registration of aircraft EC Treaty 6 52 [ Bailii ] Â Shell v Commission (Rec 1999,p I-4501) (Judgment) C-234/92; [1999] EUECJ C-234/92P 8 Jul 1999 ECJ European [ Bailii ] Â Vlaamse Televisie Maatschappij v Commission T-266/97; T-266/97; [1999] EUECJ T-266/97 8 Jul 1999 ECFI European [ Bailii ] Â Commission v France (Rec.1999,p.I-4853) (Judgment) C-178/98 8 Jul 1999 ECJ European Â Areacova and others v Council and Commission (Rec 1999,p II-2301) T-12/96; T-12/96; [1999] EUECJ T-12/96 8 Jul 1999 ECFI European [ Bailii ] Â Commission v Belgium (Rec.1999,p.I-4899) (Judgment) C-203/98 8 Jul 1999 ECJ European Â Nunes and de Matos (Rec.1999,p.I-4883) (Judgment) C-186/98 8 Jul 1999 ECJ European Â Gaspari v Parliament T-36/96 8 Jul 1999 ECFI European Â Commission v Greece (Rec.1999,p.I-4913) (Judgment) C-215/98 8 Jul 1999 ECJ European Â Procter and Gamble v OHMI (BABY-DRY) T-163/98; [1999] EUECJ T-163/98 8 Jul 1999 ECFI European, Intellectual Property ECJ 1 Under Article 4 of Regulation No 40/94 on the Community trade mark, the decisive factor if a sign capable of being represented graphically is to be eligible for registration as a Community trade mark is its capacity to distinguish the goods of one undertaking from those of another. Consequently, the distinctive character of a sign can be assessed only in relation to the goods or services in respect of which its registration is applied for. 2 Under Article 7(1)(c)of Regulation No 40/94 on the Community trade mark, `trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service' are not to be registered. It was thus the intention of the legislature that such signs should, by their very nature, be regarded as incapable of distinguishing the goods of one undertaking from those of another. The sign `BABY-DRY' - registration of which was sought in respect of `disposable diapers made out of paper or cellulose' and `diapers made out of textile' - is not capable of constituting a Community trade mark, being composed exclusively of words which may serve in trade to designate the intended purpose of the goods. 3 The Office for Harmonisation in the Internal Market (Trade Marks and Designs)was established by Regulation No 40/94 to register Community trade marks which, being valid throughout the territory of the Member States, are an important instrument for the completion of the internal market. The Boards of Appeal, which form part of the Office, also contribute, within the limits set by the regulation, to the application of that instrument. In that sense, there is continuity in terms of their functions between the Boards of Appeal and the examiner whose responsibility it is to take the decisions concerning applications for registration. It is clear from the scheme of Regulation No 40/94, as well as from Articles 61(2) and 62(1) thereof - concerning the examination of the appeal and the ensuing decision - that it is not open to a Board of Appeal, which enjoys the same powers in determining an appeal as the examiner, simply to reject an applicant's arguments solely on the ground that they were not raised before the examiner. After considering an appeal, the Board should either rule on the substance of the issue or remit the matter to the examiner. 4 In proceedings contesting a decision of one of the Boards of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)refusing an application for registration of a trade mark on one of the absolute grounds for refusal set out in Article 7(1)(b), (c)or (d)of Regulation No 40/94, it is not for the Court to determine an application pursuant to Article 7(3)of the Regulation - seeking to establish that a mark has become distinctive in consequence of the use made of it - where the merits of that claim have not been considered by the Office. 5 Where an action is brought before the Community judicature contesting a decision of one of the Boards of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), the Office is required under Article 63(6)of Regulation No 40/94 to take the measures necessary to comply with the judgment of the Court of Justice. Accordingly, the Court of First Instance is not entitled to issue directions to the Office. [ Bailii ] Â Areacova and others v Council (Rec 1999,p II-2271) T-194/95; T-194/95 8 Jul 1999 ECFI European Â New Europe Consulting and Brown v Commission (Rec 1999,p II-2403) T-231/97; T-231/97; [1999] EUECJ T-231/97 9 Jul 1999 ECFI European [ Bailii ] Â Giulietti v Commission (Rec 1999,p FP-IA-139,II-751) T-167/99; T-167/99 15 Jul 1999 ECFI European Â Hortiplant v Commission (Rec 1999,p II-2451) T-143/99; T-143/99 16 Jul 1999 ECFI European Â Byrne v Inntrepreneur Beer Supply Co Ltd (Formerly Known As Courage Ltd) [1999] EWCA Civ 1865 16 Jul 1999 CA European, Commercial [ Bailii ] Â Hautala v Council (Rec.1999,p.II-2489) (Judgment) T-14/98 19 Jul 1999 ECFI European Â Mammarella v Commission (Rec 1999,p FP-IA-151,II-797) T-74/98; [1999] EUECJ T-74/98 19 Jul 1999 ECFI European [ Bailii ] Â Q v Council (Rec.1999,p.FP-IA-147,II-779) (Judgment) T-20/98 19 Jul 1999 ECFI European Â Mammarella v Commission (Rec.1999,p.FP-IA-151,II-797) (Judgment) T-74/98 19 Jul 1999 ECFI European Â Hautala v Council (Rec 1999,p II-2489) T-14/98; T-14/98; [1999] EUECJ T-14/98 19 Jul 1999 ECFI European [ Bailii ] Â Rothmans v Commission (Rec 1999,p II-2463) T-188/97; T-188/97; [1999] EUECJ T-188/97 19 Jul 1999 ECFI European [ Bailii ] Â Varas Carrion v Council (Rec 1999,p FP-IA-143,II-761) T-168/97; T-168/97; [1999] EUECJ T-168/97 19 Jul 1999 ECFI European [ Bailii ] Â Q v Council (Rec 1999,p FP-IA-147,II-779) T-20/98; T-20/98; [1999] EUECJ T-20/98 19 Jul 1999 ECFI European [ Bailii ] Â Â Ventouris Enterprises v Commission; ECFI 20-Jul-1999 - T-59/99; [2003] EUECJ T-59/99 Â Atlantic Container and others v Commission T-191/98; [1999] EUECJ T-191/98 21 Jul 1999 ECFI European ECFI 1 Article 104(2)of the Rules of Procedure of the Court of First Instance provides that applications for interim measures must state the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the measures applied for. Those requirements are cumulative, so that an application for suspension of operation must be dismissed if one of them is not met. Where necessary, the court hearing an application for interim relief also balances the interests at stake. 2 An application for suspension of operation of a measure, the object of which is to obtain dispensation from the obligation to provide a bank guarantee as a condition for a fine not being recovered immediately, may be granted only in exceptional circumstances. In order to assess the applicant's ability to provide a bank guarantee without jeopardising its existence, account should also be taken of the group of undertakings to which it belongs directly or indirectly, particularly with regard to the possibility of providing the security which the banks might require. 1 Citers [ Bailii ] Â ECM (Vehicle Delivery) Services Ltd v B Cox and others Gazette, 22 September 1999; (1999) IRLR 559; [1999] ICR 1162; [1999] EWCA Civ 1927 22 Jul 1999 CA Henry, Mummery, Laws LJJ Employment, European Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was a transfer of an undertaking within the Regulations. Mummery LJ summarised the issue as being whether "there was a continuation in the hands of ECM of the existence of a discrete economic entity previously carried on by Axial". Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) 1 Cites 1 Citers [ Bailii ] Â Fratelli Murri v Commission T-106/98; [1999] EUECJ T-106/98 4 Aug 1999 ECFI European [ Bailii ] Â Fratelli Murri v Commission (Rec.1999,p.II-2553) (Order) T-106/98 4 Aug 1999 ECFI European Â Nour Edine El-Yassini v Secretary of State for the Home Department Case C-416/96 Gazette, 11 August 1999 11 Aug 1999 ECJ Employment, European Where a member state accepted a foreign national and later gave him a work permit upon his marriage, it was permissible not to renew that residence and work permit where the circumstance warranting the work permit disappeared upon his separation from his wife. It would be different where the employment rights granted had been greater in extent than the residence permit. Â Crt France International Sa v Directeur Regional Des Impots De Bourgogne Gazette, 11 August 1999 11 Aug 1999 ECJ European An importer of CB radios to France complained that he had had to pay taxes on the imports. A customs tax is one faced by imported goods but not by goods locally produced. There being no comparable local goods, it must remain a question for the national court. It was wrong to make an artificial comparison between local taxes and customs duties. Â De Haan (Rec 1999,p I-5003) (Judgment) C-61/98; [1999] EUECJ C-61/98 7 Sep 1999 ECJ European [ Bailii ] Â Beck and Bergdorf (Rec 1999,p I-4977) (Judgment) C-355/97; [1999] EUECJ C-355/97 7 Sep 1999 ECJ European [ Bailii ] Â Commission v Sveriges Betodlares Centralforening and Henrikson (Rec 1999,p I-4939) (Order) C-409/96 7 Sep 1999 ECJ European Â Petrides v Commission (Rec 1999,p I-5187) (Judgment) C-64/98; [1999] EUECJ C-64/98P 9 Sep 1999 ECJ European [ Bailii ] Â RI.SAN. (Rec.1999,p.I-5219) (Judgment) C-108/98 9 Sep 1999 ECJ European Â Lucaccioni v Commission (Rec 1999,p I-5251) (Judgment) C-257/98; [1999] EUECJ C-257/98P 9 Sep 1999 ECJ European [ Bailii ] Â RJB Mining v Commission (Rec.1999,p.II-2585) (Judgment) T-110/98 9 Sep 1999 ECFI European Â Commission v Germany (Rec 1999,p I-5087) (Judgment) C-217/97; [1999] EUECJ C-217/97 9 Sep 1999 ECJ European [ Bailii ] Â UPS Europe v Commission (Rec 1999,p II-2633) T-127/98; T-127/98; [1999] EUECJ T-127/98 9 Sep 1999 ECFI European [ Bailii ] Â Feyrer (Rec 1999,p I-5153) (Judgment) C-374/97; [1999] EUECJ C-374/97 9 Sep 1999 ECJ European [ Bailii ] Â UPS Europe v Commission (Rec.1999,p.II-2633) (Judgment) T-127/98 9 Sep 1999 ECFI European Â Kruger (Rec 1999,p I-5127) (Judgment) C-281/97; [1999] EUECJ C-281/97 9 Sep 1999 ECJ European [ Bailii ] Â RI SAN (Rec 1999,p I-5219) (Judgment) C-108/98; [1999] EUECJ C-108/98 9 Sep 1999 ECJ European [ Bailii ] Â Lucaccioni v Commission (Rec.1999,p.I-5251) (Judgment) C-257/98 9 Sep 1999 ECJ European Â RJB Mining v Commission T-110/98; [1999] EUECJ T-110/98 9 Sep 1999 ECFI European [ Bailii ] Â Elkaïm and Mazuel v Commission (Rec 1999,p FP-IA-155,II-811) T-173/99; T-173/99 10 Sep 1999 ECFI European Â Â Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others; ECJ 14-Sep-1999 - Times, 19 October 1999; C-310/97; [1999] EUECJ C-310/97P; [1999] ECR I-5363 Â Commission v Belgium (Rec 1999,p I-5493) (Judgment) C-170/98; [1999] EUECJ C-170/98 14 Sep 1999 ECJ European [ Bailii ] Â Commission v Belgium (Rec.1999,p.I-5493) (Judgment) C-170/98 14 Sep 1999 ECJ European Â ADT Projekt v Commission (Rec 1999,p II-2627) T-145/98; T-145/98 14 Sep 1999 ECFI European Â Gschwind (Rec 1999,p I-5451) (Judgment) C-391/97; [1999] EUECJ C-391/97 14 Sep 1999 ECJ European [ Bailii ] Â Commission v Belgium (Transport) C-202/98; [1999] EUECJ C-202/98 14 Sep 1999 ECJ European [ Bailii ] Â Commission v Belgium (Rec.1999,p.I-5517) (Judgment) C-171/98 14 Sep 1999 ECJ European Â Commission v Belgium (Rec 1999,p I-5517) (Judgment) C-171/98; [1999] EUECJ C-171/98 14 Sep 1999 ECJ European [ Bailii ] Â Commission v Belgium (Transport) C-201/98; [1999] EUECJ C-201/98 14 Sep 1999 ECJ European [ Bailii ] Â DE + ES Bauunternehmung (Rec 1999,p I-5331) (Judgment) C-275/97; [1999] EUECJ C-275/97 14 Sep 1999 ECJ European [ Bailii ] Â Gruber (Rec 1999,p I-5295) (Judgment) C-249/97; [1999] EUECJ C-249/97 14 Sep 1999 ECJ European [ Bailii ] Â General Motors Corporation v Yplon SA C-375/97; [1999] EUECJ C-375/97; [1999] ECR I-5421 14 Sep 1999 ECJ European Europa Article 5(2) of First Council Directive 89/104 concerning trade marks - which extends the protection of a registered trade mark to products or services which are neither identical nor similar to those for which the mark is registered, where the latter has a reputation in the Member State and there is clear evidence that the mark is being unfairly harmed - is to be interpreted as meaning that, in order to satisfy the requirement relating to reputation, a registered trade mark must be known by a significant part of the public concerned by the products or services which it covers. In examining whether this condition is fulfilled, the national court must take into consideration all the relevant facts of the case, in particular the market share held by the trade mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it. Territorially, the condition is fulfilled when the trade mark has a reputation in a substantial part of the territory of a Member State since, failing closer definition of requirements under Community law on this point, a trade mark cannot be required to have a reputation `throughout' the territory of the Member State. Accordingly, in the Benelux territory, it is sufficient for the mark to be known by a significant part of the public concerned in a substantial part of that territory, which may consist of a part of one of the Benelux countries. To have a reputation a trade mark must satisfy a "knowledge threshold": "The degree of knowledge required must be considered to be reached when the earlier mark is known by a significant part of the public concerned by the products or services covered by that trade mark. In examining whether this condition is fulfilled, the national court must take into consideration all the relevant facts of the case, in particular the market share held by the trade mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it." 1 Citers [ Bailii ] Â Commission v Greece (Rec 1999,p I-5543) (Judgment) C-401/98; [1999] EUECJ C-401/98 14 Sep 1999 ECJ European [ Bailii ] Â Commission v Greece (Rec.1999,p.I-5543) (Judgment) C-401/98 14 Sep 1999 ECJ European Â Van Parys and others v Commission (Rec 1999,p II-2653) T-11/99; T-11/99 15 Sep 1999 ECFI European Â Davies v Neath Port Talbot County Borough Council Times, 26 October 1999; Gazette, 10 November 1999; EAT/449/97; [1999] UKEAT 449_97_1509 15 Sep 1999 EAT The Honourable Mr Justice Morison (P) Discrimination, Employment, European A part time worker who attended a full time course on union matters connected with her employment was discriminated against when not paid the full time taken by the course. Since the majority of part time workers were women, a provision resulting in part timers having to spend unpaid time for which a full time worker would be paid was indirect discrimination. EAT European Material - Article 19 [ Bailii ] Â Commission v Spain C-414/97 C-414/97; [1999] EUECJ C-414/97 16 Sep 1999 ECJ European [ Bailii ] Â Abdoulaye and others (Rec.1999,p.I-5723) (Judgment) C-218/98 16 Sep 1999 ECJ European Â Abdoulaye and others C-218/98 16 Sep 1999 ECJ European (Judgment) Â Becu and others (Rec.1999,p.I-5665) (Judgment) C-22/98 16 Sep 1999 ECJ European Â Commission v Ireland C-392/96; [1999] EUECJ C-392/96; [2000] Env LR D15; [2000] QB 636; [2000] 2 WLR 958; [1999] ECR I-5901; [1999] 3 CMLR 727; [1999] 4 PLR 107 21 Sep 1999 ECJ J.-P. Puissochet, P European, Environment ECJ (Judgment) Environment - Directive 85/337/EEC - Assessment of the effects of certain public or private projects - Setting of thresholds Directive 85/337/EEC [ Bailii ] Â Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie [1999] ECR I-5751; C-67/96; [1999] EUECJ C-67/96 21 Sep 1999 ECJ European ECJ Compulsory affiliation to a sectoral pension scheme - Compatibility with competition rules - Classification of a sectoral pension fund as an undertaking. 1 Citers [ Bailii ] Â BASF (Rec.1999,p.I-6269) (Judgment) C-44/98 21 Sep 1999 ECJ European Â Kordel and others (Rec 1999,p I-5959) (Judgment) C-397/96; [1999] EUECJ C-397/96 21 Sep 1999 ECJ European [ Bailii ] Â Commission v Italy (Rec 1999,p I-6299) (Judgment) C-362/98; [1999] EUECJ C-362/98 21 Sep 1999 ECJ European [ Bailii ] Â Compagnie de Saint-Gobain, Zweigniederlassung Deutschland v Finanzamt Aachen-Innenstadt C-307/97; [1999] EUECJ C-307/97 21 Sep 1999 ECJ European, Company Europa Article 52 of the Treaty and Article 58 preclude the exclusion of a permanent establishment in Germany of a company limited by shares having its seat in another Member State from enjoyment, on the same conditions as those applicable to companies limited by shares having their seat in Germany, of tax concessions taking the form of: - an exemption from corporation tax for dividends received from companies established in non-member countries (corporation tax relief for international groups), provided for by a treaty for the avoidance of double taxation concluded with a non-member country, - the crediting, against German corporation tax, of the corporation tax levied in a State other than the Federal Republic of Germany on the profits of a subsidiary established there, provided for by German legislation, and - an exemption from capital tax for shareholdings in companies established in non-member countries (capital tax relief for international groups), also provided for by German legislation. The refusal to grant those tax concessions - which primarily affects non-resident companies and is based on the criterion of the company's corporate seat in determining the applicable tax rules - makes it less attractive for such companies to have intercorporate holdings through branches in the Member State concerned, which thus restricts the freedom to choose the most appropriate legal form for the pursuit of activities in another Member State, which the second sentence of the first paragraph of Article 52 of the Treaty expressly confers on economic operators. In view of the fact that, as regards liability to tax on dividend receipts in Germany from shares in foreign subsidiaries and sub-subsidiaries and on the holding of those shares, companies not resident in Germany having a permanent establishment there and companies resident in Germany are in objectively comparable situations, the difference in treatment to which branches of non-resident companies are subject in comparison with resident companies must be regarded as constituting an infringement of Articles 52 and 58 of the Treaty. As regards, specifically, the refusal to grant to permanent establishments of non-resident companies the international group relief provided for by a bilateral agreement, concluded in order to prevent double taxation, finds no justification in the fact that the Member States are at liberty, in the framework of such agreements, to determine the connecting factors for the purposes of allocating powers of taxation as between themselves. As far as the exercise of the power of taxation so allocated is concerned, the Member States nevertheless may not disregard Community rules, under which the national treatment principle requires a Member State which is party to the agreement to grant to permanent establishments of non-resident companies the advantages provided for thereunder on the same conditions as those which apply to resident companies. [ Bailii ] Â BASF AG v President Des Deutschen Patentamts Times, 12 October 1999; C-44/98; [1999] EUECJ C-44/98 21 Sep 1999 ECJ European, Intellectual Property It was proper for a national patents system to require that before any patent was lodged with that nation's patents registrar, any European Patent granted should become deemed void ab initio unless it was translated into the national language of that state. A requirement to do so within three months of being lodged was not infringement of the free movement of goods. ECTreaty Art 234 [ Bailii ] Â Commission v Italy (Rec.1999,p.I-6299) (Judgment) C-362/98 21 Sep 1999 ECJ European Â Wijsenbeek (Rec 1999,p I-6207) (Judgment) C-378/97; [1999] EUECJ C-378/97 21 Sep 1999 ECJ European [ Bailii ] Â Oliveira v Parliament (Rec.1999,p.FP-IA-163,II-851) (Judgment) T-157/98 21 Sep 1999 ECFI European Â Albany (Rec.1999,p.I-5751) (Judgment) C-67/96 21 Sep 1999 ECJ European Â Oliveira v Parliament (Rec 1999,p FP-IA-163,II-851) T-157/98; T-157/98; [1999] EUECJ T-157/98 21 Sep 1999 ECFI European [ Bailii ] Â DADI and Douane-Agenten C-106/97; [1999] EUECJ C-106/97 21 Sep 1999 ECJ European [ Bailii ] Â Laara and others C-124/97; [1999] EUECJ C-124/97 21 Sep 1999 ECJ European [ Bailii ] Â Brentjens' Handelsonderneming BV v Stichting Bedrijfspensioenfonds voor de Handel in Bouwmaterialen C-115/97; [1999] EUECJ C-115/97 21 Sep 1999 ECJ European Compulsory affiliation to a sectoral pension scheme - Compatibility with competition rules - Classification of a sectoral pension fund as an undertaking [ Bailii ] Â Trigari-Venturin v Centre de traduction (Rec 1999,p FP-IA-159,II-821) T-98/98; T-98/98; [1999] EUECJ T-98/98 21 Sep 1999 ECFI European [ Bailii ] Â Trigari-Venturin v Centre de traduction (Rec.1999,p.FP-IA-159,II-821) (Judgment) T-98/98 21 Sep 1999 ECFI European Â Drijvende Bokken (Rec 1999,p I-6121) (Judgment) C-219/97; [1999] EUECJ C-219/97 21 Sep 1999 ECJ European [ Bailii ] Â J v Commission (Rec 1999,p FP-IA-185,II-973) T-28/98; T-28/98; [1999] EUECJ T-28/98 28 Sep 1999 ECFI European [ Bailii ] Â Hautem v EIB (Rec 1999,p FP-IA-171,II-897) T-140/97; T-140/97; [1999] EUECJ T-140/97 28 Sep 1999 ECFI European [ Bailii ] Â Wettig v Commission (Rec 1999,p FP-IA-189,II-991) T-91/98; [1999] EUECJ T-91/98 28 Sep 1999 ECFI European [ Bailii ] Â Yasse v EIB (Rec 1999,p FP-IA-177,II-929) T-141/97; T-141/97; [1999] EUECJ T-141/97 28 Sep 1999 ECFI European [ Bailii ] Â Cordis v Commission (Rec 1999,p II-2771) T-612/97; [1999] EUECJ T-612/97 28 Sep 1999 ECFI European [ Bailii ] Â Wettig v Commission (Rec.1999,p.FP-IA-189,II-991) (Judgment) T-91/98 28 Sep 1999 ECFI European Â GIE Groupe Concorde and others (Rec 1999,p I-6307) (Judgment) C-440/97; [1999] EUECJ C-440/97 28 Sep 1999 ECJ European [ Bailii ] Â J v Commission (Rec.1999,p.FP-IA-185,II-973) (Judgment) T-28/98 28 Sep 1999 ECFI European Â Frederiksen v Parliament (Rec 1999,p FP-IA-167,II-867) T-48/97; T-48/97; [1999] EUECJ T-48/97 28 Sep 1999 ECFI European [ Bailii ] Â Fruchthandelsgesellschaft Chemnitz v Commission (Rec 1999,p II-2743) T-254/97; T-254/97; [1999] EUECJ T-254/97 28 Sep 1999 ECFI European [ Bailii ] Â Nederhoff (Rec 1999,p I-6385) (Judgment) C-232/97; [1999] EUECJ C-232/97 29 Sep 1999 ECJ European [ Bailii ] Â Evans and others v Commission (Rec 1999,p II-2837) T-148/98; T-148/98; [1999] EUECJ T-148/98 29 Sep 1999 ECFI European [ Bailii ] Â Van Rooij (Rec 1999,p I-6355) (Judgment) C-231/97 29 Sep 1999 ECJ European Â Modelo v Director-Geral dos Registos e Notariado (Rec.1999,p.I-6427) (Judgment) C-56/98 29 Sep 1999 ECJ European Â Neumann and Neumann-Scholles v Commission T-68/97; [1999] EUECJ T-68/97 29 Sep 1999 ECFI European Officials - Orphan's pension. [ Bailii ] Â Sonasa v Commission [1999] EUECJ T-126/97 29 Sep 1999 ECFI European [ Bailii ] Â Modelo v Director-Geral dos Registos e Notariado (Rec 1999,p I-6427) (Judgment) C-56/98; [1999] EUECJ C-56/98 29 Sep 1999 ECJ European [ Bailii ] Â Evans and others v Commission (Rec.1999,p.II-2837) (Order) T-148/98 29 Sep 1999 ECFI European Â UPS Europe v Commission (Rec.1999,p.II-2857) (Order) T-182/98 30 Sep 1999 ECFI European Â UPS Europe v Commission (Rec 1999,p II-2857) T-182/98; T-182/98; [1999] EUECJ T-182/98 30 Sep 1999 ECFI European [ Bailii ] Â Levez etc v T H Jennings (Harlow Pools) Ltd (No 2) Times, 10 November 1999; EAT/311/99; EAT/812/94; [2000] ICR 58 1 Oct 1999 EAT The Honourable Mr Justice Morison (P) Discrimination, European, Employment The restriction on the awards of compensation for sex discrimination to payments in respect of a period of two years prior to the claim was unlawful. Claims of other natures were not so limited, and this could not be supported, since it was in breach of EC law. The period of only two years in section 2(5) offended against the principle of equivalence under EU law. Compensation could not be so limited. Treaty law is to prevail over national law where there was a conflict. EC Treaty Art 141 - Equal Pay Act 1970 2(5) 1 Cites 1 Citers [ EATn ] Â ADT Projekt Gesellschaft v Commission (Rec.1999,p.I-6467) (Order) C-349/99 4 Oct 1999 ECJ European Â ADT Projekt Gesellschaft v Commission (Rec 1999,p I-6467) (Order) C-349/99 4 Oct 1999 ECJ European Â Netherlands v Commission (Rec 1999,p I-6513) (Judgment) C-308/95; [1999] EUECJ C-308/95 5 Oct 1999 ECJ European [ Bailii ] Â Apostolidis and others v Commission (Rec 1999,p I-6709) (Judgment) C-327/97; [1999] EUECJ C-327/97P 5 Oct 1999 ECJ European [ Bailii ] Â Leathertex Divisions Sintetici Spa v Bodetex Bvba Times, 26 October 1999; C-420/97; [1999] EUECJ C-420/97 5 Oct 1999 ECJ Jurisdiction, European Where a court is seised of one case arising from a breach of contract arising within its own jurisdiction, it does not have power also to deal with a claim arising under the same contract but arising from a different breach occurring in a different jurisdiction. A plaintiff could bring all matters together by pursuing the defendant in that defendant's own jurisdiction of domicile. Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 Art 5(1) [ Bailii ] Â Royscot and others (Rec 1999,p I-6671) (Judgment) C-305/97 5 Oct 1999 ECJ European Â Lirussi (Rec.1999,p.I-6881) (Judgment) C-175/98 5 Oct 1999 ECJ European Â Netherlands v Commission C-84/96; [1999] EUECJ C-84/96 5 Oct 1999 ECJ European ECJ Economic and social cohesion - European Regional Development Fund - Management and monitoring - Transitional arrangements - Deadlines for requesting payment of the sums granted - Where deadlines are not met - Penalties - Automatic release of unclaimed sums - Whether in breach of the principles of Community solidarity, proportionality or protection of legitimate expectations - No such breach - Consultation of the ERDF Committee - Whether obligatory - No such obligation Economic and social cohesion - European Regional Development Fund - Grant of Community financial assistance - Deadline for submitting requests for final payment - Meaning of `request for final payment' [ Bailii ] Â Spain v Commission (Rec 1999,p I-6571) (Judgment) C-240/97; [1999] EUECJ C-240/97 5 Oct 1999 ECJ European [ Bailii ] Â France v Commission (Rec 1999,p I-6639) (Judgment) C-251/97; [1999] EUECJ C-251/97 5 Oct 1999 ECJ European [ Bailii ] Â Spain v Council (Rec 1999,p I-6475) (Judgment) C-179/95; [1999] EUECJ C-179/95 5 Oct 1999 ECJ European [ Bailii ] Â Lirussi (Environment And Consumers) French Text C-177/98; [1999] EUECJ C-177/98 5 Oct 1999 ECJ European [ Bailii ] Â IPK v Commission (Rec 1999,p I-6795) (Judgment) C-433/97; [1999] EUECJ C-433/97P 5 Oct 1999 ECJ European [ Bailii ] Â Lirussi (Rec 1999,p I-6881) (Judgment) C-175/98; [1999] EUECJ C-175/98 5 Oct 1999 ECJ European [ Bailii ] Â Le Canne v Commission (Rec.1999,p.I-6831) (Judgment) C-10/98 5 Oct 1999 ECJ European Â Kneissl Dachstein v Commission (Rec 1999,p II-2881) T-110/97; T-110/97; [1999] EUECJ T-110/97 6 Oct 1999 ECFI European [ Bailii ] Â Â Antoine Kortas; ECJ 6-Oct-1999 - Gazette, 06 October 1999; C-319/97; Ecj/Cfi Bulletin 15/99 7 Â C P M Meeusen v Hoofddirectie Van De Informatie Beheer Groep Case C-337/97 Gazette, 06 October 1999 6 Oct 1999 ECJ European, Benefits Though M and his parents resided in Belgium, and M studied in Belgium, M's father and mother worked in their company in the Netherlands. The Belgian refused a student grant because M's parents did not work in Belgium. The court re-emphasised the obligations of countries not to discriminate against dependants of workers in other member states, and upheld the claim for financial support. Â Â Paula Gomez Rivero v Bundesanstalt Fur Arbeit; ECJ 6-Oct-1999 - Gazette, 06 October 1999; C-211/97; Ecj/Cfi Bulletin 15/99 14 Â Salomon v Commission T-123/97; [1999] EUECJ T-123/97 6 Oct 1999 ECFI A. Potocki, P European ECFI 1 According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary to the criteria of publication or notification of the measure. Since the Commission has committed itself to publishing in the Official Journal of the European Communities the complete text of decisions granting conditional authorisation for State aid adopted at the end of the procedure provided for by Article 93(2)of the Treaty (now Article 88(2)EC), time for the purposes of bringing proceedings starts to run as from the date of publication of the decision. 2 The Commission enjoys a broad discretion in the application of Article 92(3)of the Treaty (now, after amendment, Article 87(3)EC). Since that discretion involves complex economic and social appraisals, the Court must, in reviewing a decision adopted in such a context, confine its review to determining whether the Commission complied with the rules governing procedure and the statement of reasons, whether the facts on which the contested finding was based are accurately stated and whether there has been any manifest error of assessment or any misuse of powers. In particular, it is not for the Court to substitute its own economic assessment for that of the Commission. In the context of an action for annulment under Article 173 of the Treaty (now, after amendment, Article 230 EC), the legality of a Community measure falls to be assessed on the basis of the elements of fact and of law existing at the time when the measure was adopted. In particular, the complex assessments made by the Commission must be examined solely on the basis of the information available to it at the time when those assessments were made. 3 The question whether or not measures for restructuring an undertaking in difficulty are adequate depends above all on the undertaking's individual situation. [ Bailii ] Â Ed Sri v Italo Fenocchio Case C-412-97 Ecj/Cfi Bulletin 18/99, 3 Gazette, 06 October 1999 6 Oct 1999 ECJ Commercial, European Where a seller of goods wished to pursue a debtor in another member state who defaulted, it was not in improper interference with the free movement of goods to make unavailable in a summary form an action which would require service of proceedings abroad. ECTreaty Art 29 Â Hecq v Commission (Rec.1999,p.FP-IA-201,II-1047) (Judgment) T-119/98 7 Oct 1999 ECFI European Â Sabbatucci v Parliament (Rec 1999,p FP-IA-199,II-1029) T-42/98; T-42/98; [1999] EUECJ T-42/98 7 Oct 1999 ECFI European [ Bailii ] Â Sabbatucci v Parliament (Rec.1999,p.FP-IA-199,II-1029) (Judgment) T-42/98 7 Oct 1999 ECFI European Â Hecq v Commission (Rec 1999,p FP-IA-201,II-1047) T-119/98; T-119/98; [1999] EUECJ T-119/98 7 Oct 1999 ECFI European [ Bailii ] Â Acme v Council T-48/96; [1999] EUECJ T-48/96 12 Oct 1999 ECFI European ECJ 1 It is clear from the wording of Article 2(3)(b)(ii) of the basic anti-dumping regulation, Regulation No 2423/88, which sets out three methods of calculating the constructed normal value, that those methods must be considered in the order in which they are set out. It is only where none of those methods can be applied that recourse must be had to the general provision at the end of Article 2(3)(b)(ii), to the effect that expenses and profit may be calculated `on any other reasonable basis'. Moreover, each of the methods of calculating constructed normal value must be applied in such a way that the calculation remains reasonable. Accordingly, the institutions cannot take into consideration accounting data which are unreliable. Article 2(3)(b)(ii) also confers a wide discretion on the institutions in assessing accounting data submitted to them for the purposes of determining constructed normal value. The Court's review must therefore be restricted to verifying whether the procedural rules have been complied with, whether the facts on which the contested assessment is based are accurate or whether there has been a manifest error in the appraisal of those facts or a misuse of powers. The Community judicature cannot intervene in assessments reserved to the Community authorities but must restrict its review to satisfying itself that the institutions took account of all the relevant circumstances and appraised the facts of the matter with all due care, so that normal value may be regarded as having been determined in a reasonable manner. 2 Under the basic anti-dumping regulation, Regulation No 2423/88, it is for the Commission, as the investigating authority, to determine whether the product in question is being dumped and causing damage when it is released into free circulation in the Community. To that end, the Commission must verify whether the export price to the Community of the product in question is lower than the normal value of a similar product and, in so doing, must use the data available at the time without imposing the burden of proof on one of the parties. However, the basic regulation does not confer on the Commission investigating powers enabling it to compel producers or exporters in respect of whom a complaint has been filed to participate in an investigation or to produce information. The replies given by undertakings to the questionnaire, and the verification after which the Commission may act on the spot are therefore essential to the course of the procedure. Thus, the risk that the institutions may take into account data other than that provided in reply to the questionnaire is inherent in the anti-dumping procedure and is intended to encourage genuine cooperation on the part of the undertakings targeted by the investigation. 3 Costs relating to product repairs, incurred after the sale of the product, are by definition selling expenses within the meaning of Article 2(3)(b)(ii) of the basic anti-dumping regulation, Regulation No 2423/88. It follows that those costs must be taken into account when calculating the constructed normal value. The way in which undertakings treat certain types of costs when drawing up their annual accounts cannot call into question the classification of those costs for the purposes of an anti-dumping investigation. Furthermore, by their nature, reductions for payment in cash do not affect the price payable by customers but correspond to the value attributed to early payment of the invoiced price. They are not therefore deductible from the constructed normal value and must be treated as selling expenses. [ Bailii ] Â Â World Wildlife Fund and Others v Autonome Provinz Bozen and Others; ECJ 12-Oct-1999 - Times, 12 October 1999; [2001] 1 CMLR 149; C-435/97; [1999] EUECJ C-435/97 Â Conserve Italia v Commission T-216/96; [1999] EUECJ T-216/96 12 Oct 1999 ECFI European ECJ 1 Applicants for, and beneficiaries of, EAGGF financial aid are required to satisfy themselves that they are submitting to the Commission reliable information which is not liable to mislead it; otherwise the system of controls and evidence set up to determine whether the conditions for granting aid are fulfilled cannot function properly. In the absence of reliable information, projects which do not fulfil the conditions required could become the subject of aid. It follows that the obligation on applicants for, and beneficiaries of, aid to provide information and act in good faith is inherent in the EAGGF aid system and essential for its effective functioning. 2 Where there is a discrepancy between the wording of a provision and the title thereof, both must be construed in such a manner that all the terms employed serve a useful purpose. 3 Article 24(2)of Regulation No 4253/88 laying down provisions for implementing Regulation No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments must be construed as meaning that the Commission may discontinue aid from the EAGGF in the event of an irregularity, in particular where a significant change to the operation affecting its nature or the conditions governing its execution is involved, for which the Commission's prior approval has not been sought. 4 The infringement of obligations whose observance is of fundamental importance to the proper functioning of a Community system may be penalised by forfeiture of a right conferred by Community legislation, such as entitlement to aid. The fact that a beneficiary has failed to comply with its undertaking not to start work on the project in question before receipt of the application for aid by the Commission, failed to inform the Commission of this and, in response to a request for information, forwarded a copy which was not consistent with the original of the contract for the sale of a machine referred to in the subsidised project constitutes a serious breach of fundamental obligations justifying discontinuance of financial aid from the EAGGF granted pursuant to Regulation No 355/77 on common measures to improve the conditions under which agricultural products are processed and marketed. [ Bailii ] Â Commission v Ireland (Rec.1999,p.I-6973) (Judgment) C-213/98 12 Oct 1999 ECJ European Â Pharmacia and Upjohn SA, formerly Upjohn SA v Paranova A/S C-379/97; [1999] EUECJ C-379/97; [1999] ETMR 937; [2000] 3 WLR 303; (2001) 62 BMLR 150; (2000) 18 Tr LR 457; [1999] CEC 630; [2000] Ch 571; [2000] 1 CMLR 51; [2000] FSR 621; [1999] All ER (EC) 880; [1999] ECR I-6927 12 Oct 1999 ECJ Rodriguez Iglesias, P European, Intellectual Property ECJ Trade-mark rights - Pharmaceutical products - Parallel imports - Replacement of a trade mark. 1 Citers [ Bailii ] Â Criminal Proceedings Against Wijsenbeek Case Times, 12 October 1999 12 Oct 1999 ECJ European It was not a breach of community law, restricting the free movement of persons within the community, to require a traveller to produce evidence of identity sufficient to establish his nationality and right to cross the frontier. Criminal sanctions for breaches of such a requirement were proper provided they remained proportionate. ECTreaty Article 234 Â Commission v Ireland C-213/98; [1999] EUECJ C-213/98 12 Oct 1999 ECJ European Failure by a Member State to fulfil its obligations - Directive 92/100/EEC Directive 92/100/EEC [ Bailii ] Â Adidas (Judgment) C-223/98; [1999] EUECJ C-223/98 14 Oct 1999 ECJ European [ Bailii ] Â Vander Zwalmen and Massart (Rec 1999,p I-7113) (Judgment) C-229/98; [1999] EUECJ C-229/98 14 Oct 1999 ECJ European [ Bailii ] Â Infrisa v Commission (Rec 1999,p I-7145) (Order) C-437/98 14 Oct 1999 ECJ European Â The Royal Society for the Protection of Birds and the Wildfowl and Wetlands Trust Ltd for Judicial Review of A Decision of the Secretary of State To Grant Licences To Shhot Barnacle Geese Times, 14 December 1999; [1999] ScotCS 239 14 Oct 1999 OHCS Lord Johnston Environment, European, Judicial Review, Scotland When reviewing a decision applying European law, that procedure was the same as for testing a decision made under English law. There is no provision for the examination of factual basis of the decision. When assessing whether a licence was to be granted for the shooting of a protected species, the test for such a licence was the protection of crops. The view of whether the survival of the species was threatened was to be looked at in the light of the entire population,. Not just that at the license site. EC Birds Directive 79/409/EEC [ Bailii ] - [ ScotC ] Â Atlanta v Communaute Europeenne C-104/97; [1999] EUECJ C-104/97P 14 Oct 1999 ECJ European [ Bailii ] Â CAS Succhi di Frutta v Commission (Rec 1999,p II-3181) T-191/96; T-191/96; [1999] EUECJ T-191/96 14 Oct 1999 ECFI European [ Bailii ] Â Sandoz GmbH v Finanzlandesdirektion fur Wien, Niederosterreich und Burgenland C-439/97; [1999] EUECJ C-439/97 14 Oct 1999 ECJ European Loan agreements - Stamp duty - Rules governing imposition - Discrimination. [ Bailii ] Â Infrisa v Commission (Rec.1999,p.I-7145) (Order) C-437/98 14 Oct 1999 ECJ European Â Adidas (Rec.1999,p.I-7081) (Judgment) C-223/98 14 Oct 1999 ECJ European Â Vander Zwalmen and Massart (Rec.1999,p.I-7113) (Judgment) C-229/98 14 Oct 1999 ECJ European Â Cas Succhi Di Frutta v Commission (Agriculture) T-106/97; [1999] EUECJ T-106/97 14 Oct 1999 ECFI European [ Bailii ] Â Â A M L Van Rouge v Dagelijks Bestuur Van Het Waterschap De Dommel (Gebr Van Aarle Bv, Third Party); ECJ 15-Oct-1999 - Times, 15 October 1999; C-231/97; [1999] EUECJ C-231/97 Â N v Commission C-21/99 19 Oct 1999 ECJ European Â Commission of the European Communities v Ireland Times, 19 October 1999; C-392/96 19 Oct 1999 ECJ Environment, European The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this made no allowance for the possible substantial effects of even small projects. Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. - EC Treaty Art 226 Â N v Commission (Rec.1999,p.I-7163) (Order) C-21/99 19 Oct 1999 ECJ European Â Swedish Match Philippines v Council (Rec 1999,p II-3241) T-171/97; T-171/97; [1999] EUECJ T-171/97 20 Oct 1999 ECFI European [ Bailii ] Â Laara and Others v Kihlakunnansyyttaja (Jyvilskyla) and Others Times, 20 October 1999; C-124/97) 20 Oct 1999 ECJ Licensing, European Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations. ECTreaty Art 49 Â Â Abdoulaya and Others v Regie Nationale Des Usines Renault SA; ECJ 20-Oct-1999 - Times, 20 October 1999; C-218/98; [1999] EUECJ C-218/98 Â Germany v Commission C-44/97; [1999] EUECJ C-44/97 21 Oct 1999 ECJ European [ Bailii ] Â Lensing and Brockhausen (Rec.1999,p.I-7349) (Judgment) C-233/98 21 Oct 1999 ECJ European Â Commission v Luxembourg (Rec.1999,p.I-7391) (Judgment) C-430/98 21 Oct 1999 ECJ European Â Commission v Greece (Rec.1999,p.I-7381) (Judgment) C-391/98 21 Oct 1999 ECJ European Â Lewen (Rec 1999,p I-7243) (Judgment) C-333/97; [1999] EUECJ C-333/97 21 Oct 1999 ECJ European [ Bailii ] Â Jagerskiold (Rec.1999,p.I-7319) (Judgment) C-97/98 21 Oct 1999 ECJ European Â Commission v Luxembourg (Rec 1999,p I-7391) (Judgment) C-430/98; [1999] EUECJ C-430/98 21 Oct 1999 ECJ European [ Bailii ] Â Jagerskiold (Rec 1999,p I-7319) (Judgment) C-97/98; [1999] EUECJ C-97/98 21 Oct 1999 ECJ European [ Bailii ] Â Lensing and Brockhausen C-233/98; [1999] EUECJ C-233/98 21 Oct 1999 ECJ European [ Bailii ] Â Commission v Greece (Rec 1999,p I-7381) (Judgment) C-391/98; [1999] EUECJ C-391/98 21 Oct 1999 ECJ European [ Bailii ] Â Zenatti (Rec 1999,p I-7289) (Judgment) C-67/98; [1999] EUECJ C-67/98 21 Oct 1999 ECJ European [ Bailii ] Â Caisse De Pension Des Employes Prives v Kordel et Al Case C-397/96 Times, 22 October 1999 22 Oct 1999 ECJ Personal Injury, European Where a citizen was injured in one member state, but resided and claimed benefits in another, the rights against the person who caused the injury had to be assessed under the law of the member state in which the accident took place, but a state claiming subrogation could not claim more than the amounts of benefits it actually paid in accordance with its own law. Â Burrill and Noriega Guerra v Commission (Rec.1999,p.FP-IA-203,II-1059) (Judgment) T-51/98 26 Oct 1999 ECFI European Â Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England Gazette, 13 January 2000; CAT 26 October 1999 26 Oct 1999 QBD Richards J Environment, Planning, European The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that an individual could not seek to enforce a directive once it had been properly enshrined in a member state's law. "…I accept that in exercising discretion with regard to costs … I should seek to give effect to the overriding objective and should have particular regard to the need, so far as practicable, to ensure that the parties are on an equal footing and that the case is dealt with in a way which is proportionate to the financial position of each party. Those aspects of the overriding objective seem to me to be embedded in any event in the principles laid down in ex p CPAG." Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199) 1 Citers Â Burrill and Noriega Guerra v Commission (Rec 1999,p FP-IA-203,II-1059) T-51/98; [1999] EUECJ T-51/98 26 Oct 1999 ECFI European [ Bailii ] Â EFMA v Council (Rec 1999,p II-3291) T-210/95; T-210/95; [1999] EUECJ T-210/95 28 Oct 1999 ECFI European [ Bailii ] Â Pfennigmann C-193/98; [1999] EUECJ C-193/98 28 Oct 1999 ECJ P.J.G. Kapteyn (Rapporteur), acting as President European, Road Traffic ECJ (Judgment) Directive 93/89/EEC - Carriage of goods by road - Vehicle tax - User charges for the use of certain roads - Heavy goods vehicles Directive 93/89/EEC [ Bailii ] Â Alcatel Austria and others v Bundesministerium fur Wissenschaft und Verkehr C-81/98; [1999] EUECJ C-81/98 28 Oct 1999 ECJ European (Judgment) Public procurement - Procedure for the award of public supply and works contracts - Review procedure [ Bailii ] Â Â Skatteministeriet v Bent Vestergaard; ECJ 28-Oct-1999 - C-55/98; [1999] EUECJ C-55/98 Â Commission v Autriche C-328/96; [1999] EUECJ C-328/96 28 Oct 1999 ECJ European (Judgment) [ Bailii ] Â Â Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons; TCC 28-Oct-1999 - [1999] EWHC Technology 199; 1996 ORB No 1151; (1999) 67 Con LR 1 Â Arbeitsgemeinschaft Deutscher Rundfunkanstalten v PRO Sieben Media AG C-6/98; [1999] EUECJ C-6/98 28 Oct 1999 ECJ European, Media (Judgment) - Television broadcasting - Limitation on transmission time allocated to advertising [ Bailii ] Â Italy v Commission C-253/97; [1999] EUECJ C-253/97 28 Oct 1999 ECJ European (Judgment) [ Bailii ] Â Cotrim v CEDEFOP (Rec 1999,p FP-IA-207,II-1077) T-180/98; T-180/98; [1999] EUECJ T-180/98 28 Oct 1999 ECFI European [ Bailii ] Â Commission v Greece C-187/98; [1999] EUECJ C-187/98 28 Oct 1999 ECJ European (Judgment) Failure to fulfill obligations - Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 to 143 EC) - Directives 75/117 / EEC and 79/7 / EEC - Equal pay for men and women - family and marriage allowances - old-age pensions - Calculation - Failure to abolish discriminatory conditions retroactively [ Bailii ] Â Â Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5); HL 28-Oct-1999 - Times, 03 November 1999; Gazette, 10 November 1999; [1999] UKHL 44; [1999] 3 WLR 1062; [2000] Eu LR 40; [1999] 3 CMLR 597; [2000] 1 AC 524; [1999] 4 All ER 906 Â Papadeas v Committee of Regions (Rec.1999,p.FP-IA-211,II-1091) (Judgment) T-102/98 9 Nov 1999 ECFI European Â Papadeas v Committee of Regions (Rec 1999,p FP-IA-211,II-1091) T-102/98; T-102/98; [1999] EUECJ T-102/98 9 Nov 1999 ECFI European [ Bailii ] Â CSR PAMPRYL v Commission (Rec.1999,p.II-3331) (Order) T-114/99 9 Nov 1999 ECFI European Â Commission v Italy (Rec 1999,p I-7773) (Judgment) C-365/97; [1999] EUECJ C-365/97 9 Nov 1999 ECJ European [ Bailii ] Â Kristensen v Council (Rec.1999,p.FP-IA-215,II-1111) (Judgment) T-103/98 10 Nov 1999 ECFI European Â Kristensen v Council (Rec 1999,p FP-IA-215,II-1111) T-103/98; T-103/98; [1999] EUECJ T-103/98 10 Nov 1999 ECFI European [ Bailii ] Â Â Bavarian Lager Company Ltd v Commission of the European Communities (Supported by United Kingdom, Intervener); ECJ 10-Nov-1999 - Times, 10 November 1999; T-309/97; [1999] EUECJ T-309/97 Â Commission v Italy (Rec.1999,p.I-8001) (Judgment) C-315/98 11 Nov 1999 ECJ European Â Henkel Hellas (Rec.1999,p.I-8013) (Judgment) C-350/98 11 Nov 1999 ECJ European Europa Directive 69/335/CEE — Impôts indirects frappant les rassemblements de capitaux — Impôt sur la capitalisation des bénéfices non distribués. Â Belgian State v Mesbah (Rec.1999,p.I-7955) (Judgment) C-179/98 11 Nov 1999 ECJ European Â Sohl and Sohlke (Rec.1999,p.I-7877) (Judgment) C-48/98 11 Nov 1999 ECJ European Â Yeheskel Arkin v Borchard Lines Ltd [2000] Eu LR 232 11 Nov 1999 ComC Colman J European, Estoppel A claimant in an action for damages for breaches of Articles 85, 86 of Rome Treaty, who had previously complained of such breaches to the European Commission but failed to complain of matters subsequently, attempted to raise in an action is precluded from raising such matters in the action on the grounds of abuse of process, Henderson v Henderson or estoppel. Under section 136 of the Law of Property Act 1925, what constitutes an absolute assignment: "In this connection it is important to recognise that there are different ways in which such a breach may cause damage. Thus, an isolated event amounting to such a breach may cause a chain of damage development commencing when the effects of the breach first affect the claimant, and those [effects] may continue for a long period of time. If that period commences prior to the cut-off date for the purposes of a period of limitation, the claim will prima facie be time-barred notwithstanding that the effects of the breach may continue beyond that date. The position is similar to a claim in tort for negligence. By contrast, there may be a continuing or repeated breach of statutory duty, over an extended period, such as an unlawful emission of toxic fumes which continues to affect and injure those exposed to it over the whole period of that breach. In such a case, if the limitation cut-off date occurs during the period, the claimant's cause of action for the damage suffered after the date in question will not be time-barred." Law of Property Act 1925 136 1 Citers Â Sohl and Sohlke (Rec 1999,p I-7877) (Judgment) C-48/98; [1999] EUECJ C-48/98 11 Nov 1999 ECJ European [ Bailii ] Â Henkel Hellas (Rec 1999,p I-8013) (Judgment) C-350/98; [1999] EUECJ C-350/98 11 Nov 1999 ECJ European [ Bailii ] Â Commission v Italy (Rec 1999,p I-8001) (Judgment) C-315/98; [1999] EUECJ C-315/98 11 Nov 1999 ECJ European [ Bailii ] Â Belgian State v Mesbah (Rec 1999,p I-7955) (Judgment) C-179/98; [1999] EUECJ C-179/98 11 Nov 1999 ECJ European [ Bailii ] Â Commission v Germany (Rec 1999,p I-7837) (Judgment) C-184/97; [1999] EUECJ C-184/97 11 Nov 1999 ECJ European [ Bailii ] Â Branco v Commission (Rec.1999,p.I-8037) (Order) C-453/98 12 Nov 1999 ECJ European Â Branco v Commission (Rec 1999,p I-8037) (Order) C-453/98 12 Nov 1999 ECJ European Â Regina v Secretary of State for Health and others, Ex Parte Imperial Tobacco Ltd and Co Times, 16 November 1999 16 Nov 1999 QBD European, Health A European Directive which claimed to be one approximating laws, could still be a health measure, and it was therefore outside the scope of the European Parliament and Council to regulate the activity. The aim of the Directive was clear, even if mis-stated, and the imposition of regulations before a decision of the European Court would cause substantial economic harm. Council Directive 98/43/EC Â Regina v Ministry of Agriculture, Fisheries and Food, Ex P British Agrochemicals Association Ltd (No 2) Times, 16 November 1999 16 Nov 1999 QBD European Arrangements made by the UK to accelerate approval of pesticides for importation, did not meet EC requirements, since it created a difference between products already established and the ones for which approval was sought. The rules gave a wide discretion to the Minister to deem that a new product was sufficiently like an existing one to permit a licence. This requirement did not meet the EC requirements for identicality. Food and Environment Protection Act 1985 Â Regina v Secretary of State for the Home Department, Ex Parte Al-Fayed Times, 16 November 1999 16 Nov 1999 QBD Human Rights, European, Administrative When considering whether the Human Rights of a citizen had been infringed, the doctrine of proportionality was not to be extended to extend in turn such rights. At present the doctrine is part of European law, but not part of domestic English administrative law, and could not be called in aid to support an application for nationality. British Nationality Act 1981 Sch 1 (1) (b) Â Tzoanos v Commission (Rec 1999,p I-8223) (Judgment) C-191/98; [1999] EUECJ C-191/98P 18 Nov 1999 ECJ European [ Bailii ] Â Progoulis v Commission (Rec 1999,p I-8319) (Order) C-431/98 18 Nov 1999 ECJ European Â X and Y (Rec.1999,p.I-8261) (Judgment) C-200/98 18 Nov 1999 ECJ European Â Progoulis v Commission (Rec.1999,p.I-8319) (Order) C-431/98 18 Nov 1999 ECJ European Â Pharos v Commission (Rec.1999,p.I-8157) (Judgment) C-151/98 18 Nov 1999 ECJ European Â Pfizer Animal Health v Council (Rec.1999,p.I-8343) (Order) C-329/99 18 Nov 1999 ECJ European Â Pescados Congelados Jogamar v Commission (Rec.1999,p.I-8333) (Order) C-249/99 18 Nov 1999 ECJ European Â Pharos v Commission (Rec 1999,p I-8157) (Judgment) C-151/98; [1999] EUECJ C-151/98P 18 Nov 1999 ECJ European [ Bailii ] Â Â Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri; ECJ 18-Nov-1999 - C-275/98; [1999] EUECJ C-275/98; [1999] ECR I-8291 Â Pescados Congelados Jogamar v Commission (Rec 1999,p I-8333) (Order) C-249/99 18 Nov 1999 ECJ European Â Platbrood (Rec.1999,p.I-8195) (Judgment) C-161/98 18 Nov 1999 ECJ European Â Imperial Chemical Industries Plc v Colmer (Inspector of Taxes) (No 2) Times, 24 November 1999; Gazette, 01 December 1999; [1999] 1 WLR 2035; [1999] UKHL 48; [1999] UKHL TC_72_1 18 Nov 1999 HL Corporation Tax, European, Company Where a group of companies sought consortium group relief, but the majority of the companies within the group were based outside the European Union, the court need not apply European Union standards to the test, but could instead apply the standards appropriate to the UK, and accordingly refuse the relief. Income and Corporation Taxes Act 1988 258 (5) (b) 1 Cites 1 Citers [ House of Lords ] - [ House of Lords ] - [ House of Lords ] - [ Bailii ] - [ Bailii ] Â Van Coile (Rec 1999,p I-8093) (Judgment) C-442/97; [1999] EUECJ C-442/97 18 Nov 1999 ECJ European [ Bailii ] Â Platbrood (Rec 1999,p I-8195) (Judgment) C-161/98; [1999] EUECJ C-161/98 18 Nov 1999 ECJ European [ Bailii ] Â X and Y C-200/98; [1999] EUECJ C-200/98 18 Nov 1999 ECJ European, Corporation Tax ECJ Freedom of establishment - Payment made by a Swedish company to its subsidiary - Exemption from corporation tax. [ Bailii ] Â Pfizer Animal Health v Council (Order) C-329/99 18 Nov 1999 ECJ European Â Commission v Council (Rec 1999,p I-8067) (Judgment) C-209/97; [1999] EUECJ C-209/97 18 Nov 1999 ECJ European [ Bailii ] Â Â Jean-Claude Arblade, Arblade and Fils SARL v Bernard Leloup, Serge Leloup, Sofrage SARL; ECJ 23-Nov-1999 - C-376/96; [1999] EUECJ C-376/96; [1999] ECR I-8453 Â Sabbioni v Commission (Rec 1999,p FP-IA-223,II-1139) T-129/98; T-129/98; [1999] EUECJ T-129/98 23 Nov 1999 ECFI European [ Bailii ] Â Arblade (Rec 1999,p I-8453) (Judgment) C-369/96; [1999] EUECJ C-369/96 23 Nov 1999 ECJ European [ Bailii ] Â UPA v Council (Rec 1999,p II-3357) T-173/98; T-173/98; [1999] EUECJ T-173/98 23 Nov 1999 ECFI European [ Bailii ] Â Sabbioni v Commission (Rec.1999,p.FP-IA-223,II-1139) (Judgment) T-129/98 23 Nov 1999 ECFI European Â UPA v Council (Rec.1999,p.II-3357) (Order) T-173/98 23 Nov 1999 ECFI European Â Portugal v Commission C-89/96; [1999] EUECJ C-89/96 23 Nov 1999 ECJ European ECJ (Judgment) Action for annulment - Commercial policy - Quantitative restrictions on imports of textile products - Products originating in India - Regulation (EC) No 3053/95 - Partial withdrawal Regulation (EC) No 3053/95 [ Bailii ] Â Portugal v Council (Rec 1999,p I-8395) (Judgment) C-149/96; [1999] EUECJ C-149/96 23 Nov 1999 ECJ European [ Bailii ] Â A V M v Commission T-109/98; [1999] EUECJ T-109/98 24 Nov 1999 ECFI European (Rec 1999,p II-3383,IA-229,II-1169) [ Bailii ] Â Commission v Ireland (Rec 1999,p I-8571) (Judgment) C-212/98; [1999] EUECJ C-212/98 25 Nov 1999 ECJ European [ Bailii ] Â Commission v Ireland (Rec.1999,p.I-8571) (Judgment) C-212/98 25 Nov 1999 ECJ European Â Commission v France (Rec 1999,p I-8531) (Judgment) C-96/98; [1999] EUECJ C-96/98 25 Nov 1999 ECJ European [ Bailii ] Â Martinez and de Gaulle v Parliament (Rec 1999,p II-3397) T-222/99; T-222/99 25 Nov 1999 ECFI European Â Commission v France (Rec.1999,p.I-8531) (Judgment) C-96/98 25 Nov 1999 ECJ European Â ANAS (Rec.1999,p.I-8583) (Order) C-192/98 26 Nov 1999 ECJ European Â Giegerich v Commission (Rec 1999,p FP-IA-233,II-1177) T-253/97; T-253/97; [1999] EUECJ T-253/97 26 Nov 1999 ECFI European [ Bailii ] Â ANAS (Rec 1999,p I-8583) (Order) C-192/98 26 Nov 1999 ECJ European Â RAI (Rec.1999,p.I-8597) (Order) C-440/98 26 Nov 1999 ECJ European Â RAI (Rec 1999,p I-8597) (Order) C-440/98 26 Nov 1999 ECJ European Â Â Kimberley-Clark Worldwide Inc v Proctor and Gamble Ltd and Another; CA 1-Dec-1999 - Times, 01 December 1999; Gazette, 08 December 1999 Â Boehringer v Council (Environment And Consumers) T-152/96; [1999] EUECJ T-152/96 1 Dec 1999 ECFI European [ Bailii ] Â Boehringer v Council and Commission T-125/96; [1999] EUECJ T-125/96 1 Dec 1999 ECFI European [ Bailii ] Â Allen and others (Rec.1999,p.I-8643) (Judgment) C-234/98 2 Dec 1999 ECJ European Â Holst Italia (Rec.1999,p.I-8607) (Judgment) C-176/98 2 Dec 1999 ECJ European Â Holst Italia (Rec 1999,p I-8607) (Judgment) C-176/98; [1999] EUECJ C-176/98 2 Dec 1999 ECJ European [ Bailii ] Â Boyes v Commission (Rec 1999,p II-3501) T-81/98; [1999] EUECJ T-81/98 6 Dec 1999 ECFI European [ Bailii ] Â Elder v Commission (Rec 1999,p II-3509) T-178/99; T-178/99; [1999] EUECJ T-178/99 6 Dec 1999 ECFI European [ Bailii ] Â Elder v Commission (Rec.1999,p.II-3509) (Order) T-178/99 6 Dec 1999 ECFI European Â Boyes v Commission (Rec.1999,p.II-3501) (Order) T-81/98 6 Dec 1999 ECFI European Â Interporc v Commission (Rec.1999,p.II-3521) (Judgment) T-92/98 7 Dec 1999 ECFI European Â Reggimenti v Parliament (Rec.1999,p.FP-IA-243,II-1205) (Order) T-108/99 7 Dec 1999 ECFI European Â Criminal Proceedings Against Arblade and Others Joined Cases C-369/96 and C-376/96 Times, 07 December 1999 7 Dec 1999 ECJ Employment, European Where a member state had a minimum wage law, it was not contrary to the rules requiring the free movement of services, to require that a supplier from another state providing services within the state should do so subject to the minimum wage rules of the state in which the service is provided, and to criminalize breaches of such rules. There was no freedom to insist on payment of employers social funds contributions in both states. ECTreaty Article 234 Â Interporc v Commission (Rec 1999,p II-3521) T-92/98; [1999] EUECJ T-92/98 7 Dec 1999 ECFI European [ Bailii ] Â Euro-Lex v OHMI (EU-LEX) (Rec.1999,p.II-3555) (Order) T-79/99 8 Dec 1999 ECFI European Â de Compte v Parliament (Rec.1999,p.FP-IA-247,II-1217) (Order) T-161/98 8 Dec 1999 ECFI European Â de Compte v Parliament T-161/98; [1999] EUECJ T-161/98 8 Dec 1999 ECFI European [ Bailii ] Â CPL Imperial 2 and Unifrigo v Commission (Rec 1999,p I-8683) (Order) C-299/98 9 Dec 1999 ECJ European Â CPL Imperial 2 and Unifrigo v Commission (Rec.1999,p.I-8683) (Order) C-299/98 9 Dec 1999 ECJ European Â Alonso Morales v Commission (Rec 1999,p FP-IA-249,II-1227) T-299/97; T-299/97; [1999] EUECJ T-299/97 9 Dec 1999 ECFI European [ Bailii ] Â Progoulis v Commission (Rec 1999,p FP-IA-255,II-1249) T-53/99; T-53/99; [1999] EUECJ T-53/99 9 Dec 1999 ECFI European [ Bailii ] Â Progoulis v Commission (Rec.1999,p.FP-IA-255,II-1249) (Judgment) T-53/99 9 Dec 1999 ECFI European Â Â Allen and Others v Amalgamated Construction Co Ltd; ECJ 10-Dec-1999 - Times, 10 December 1999; [2000] ICR 436; C-234/98; [2000] IRLR 119; [1999] EUECJ C-234/98 Â Tyco Toys and others v Commission and Council (Rec 1999,p II-3569) T-268/94; T-268/94; [1999] EUECJ T-268/94 13 Dec 1999 ECFI European [ Bailii ] Â Sga v Commission (Competition) T-39/96; [1999] EUECJ T-39/96 13 Dec 1999 ECFI European [ Bailii ] Â Sodima v Commission (Rec 1999,p II-3617) T-190/95; T-190/95; [1999] EUECJ T-190/95 13 Dec 1999 ECFI European [ Bailii ] Â Sga v Commission (Competition) T-123/96; [1999] EUECJ T-123/96 13 Dec 1999 ECFI European [ Bailii ] Â SGA v Commission (Rec 1999,p II-3587) T-189/95; T-189/95; [1999] EUECJ T-189/95 13 Dec 1999 ECFI European [ Bailii ] Â Sodima v Commission (Competition) T-45/96; [1999] EUECJ T-45/96 13 Dec 1999 ECFI European [ Bailii ] Â Europeenne Automobile v Commission (Competition) T-211/96; [1999] EUECJ T-211/96 13 Dec 1999 ECFI European [ Bailii ] Â Europeenne automobile v Commission (Rec 1999,p II-3639) T-9/96; [1999] EUECJ T-9/96 13 Dec 1999 ECFI European [ Bailii ] Â DSR-Senator Lines v Commission C-364/99 14 Dec 1999 ECJ European Â Marks and Spencer Plc v Customs and Excise [1999] EWCA Civ 3024; [2000] BTC 5003; [2000] 1 CMLR 256; [2000] Eu LR 293; [2000] STC 16; [2000] STI 22; [2000] BVC 35 14 Dec 1999 CA European, VAT The taxpayer discovered that it had over several years made overpayments of VAT on chocolate covered biscuits because of a mistake as to the tax mutual with the defendants. Held: M&S's challenge to section 80(4) (as infringing EU law) failed, as regards the teacakes claim, because the Becker conditions were not satisfied (Becker v Finanzamt Münster-Innenstadt (Case 8/81) [1982] ECR 53) and general principles of Community law could not be relied on in the absence of a directly enforceable right; (2) M&S's challenge to section 80 (4) failed, as regards the late vouchers claim, for similar reasons, since the Commissioners' failure to apply the amended statute correctly was not equivalent to incorrect transposition; and (3) M&S's challenge to section 80 (4), as regards the early vouchers, should be referred to the Court of Justice. Schiemann LJ (with whom the other members of the Court agreed) stated ([2000] STC 16, 39): "Marks and Spencer have an alternative submission which I shall consider in the next part of this judgment to the effect that the retrospective legislation is unlawfully discriminatory. I am not, for reasons which I shall shortly explain, persuaded that Marks and Spencer are entitled to judgment on that basis. It follows that a decision on whether it is compatible with Community law to enforce legislation which removes with retrospective effect a right under national law to reclaim VAT, which right has existed unexercised for more than three years, is in my judgment necessary to enable this Court to give judgment on the early vouchers claim. I would therefore be minded to refer this question to the Court of Justice." Value Added Taxes Act 1994 80(4) 1 Cites 1 Citers [ Bailii ] Â DSR-Senator Lines v Commission (Rec.1999,p.I-8733) (Order) C-364/99 14 Dec 1999 ECJ European Â Cantoreggi v Parliament (Rec.1999,p.FP-IA-271,II-1325) (Judgment) T-144/98 15 Dec 1999 ECFI European Â Freistaat Sachsen and others v Commission (Rec 1999,p II-3663) T-132/96; T-132/96; [1999] EUECJ T-132/96 15 Dec 1999 ECFI European [ Bailii ] Â Nardone v Commission (Rec 1999,p FP-IA-267,II-1293) T-27/98; T-27/98; [1999] EUECJ T-27/98 15 Dec 1999 ECFI European [ Bailii ] Â Cho Yang Shipping v Commission (Rec 1999,p II-3909) T-191/98; T-191/98 15 Dec 1999 ECFI European Â Kesko v Commission (Rec 1999,p II-3775) T-22/97; T-22/97; [1999] EUECJ T-22/97 15 Dec 1999 ECFI European [ Bailii ] Â Petrotub and Republica v Council (Rec 1999,p II-3837) T-33/98; T-33/98; [1999] EUECJ T-33/98 15 Dec 1999 ECFI European [ Bailii ] Â Cantoreggi v Parliament (Rec 1999,p FP-IA-271,II-1325) T-144/98; T-144/98; [1999] EUECJ T-144/98 15 Dec 1999 ECFI European [ Bailii ] Â Petrotub and Republica v Council (Rec.1999,p.II-3837) (Judgment) T-33/98 15 Dec 1999 ECFI European Â Freistaat Sachsen v Commission (State Aid) T-143/96; [1999] EUECJ T-143/96 15 Dec 1999 ECFI European [ Bailii ] Â Petrotub v Council (Commercial Policy) T-34/98; [1999] EUECJ T-34/98 15 Dec 1999 ECFI European [ Bailii ] Â Nardone v Commission (Rec.1999,p.FP-IA-267,II-1293) (Judgment) T-27/98 15 Dec 1999 ECFI European Â Regina v Secretary of State for Social Security Ex Parte Taylor Times, 25 January 2000; C-382/98; [1999] EUECJ C-382/98; [1999] ECR I-8955 16 Dec 1999 ECJ Discrimination, European, Benefits The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and that this was discrimination arising from his sex. Held: The Directive provided for services including those relating to the age of the applicant, this benefit was one such, and the rules were discriminatory and unlawful. Europa Directive 79/7/EEC - Equal treatment for men and women in matters of social security - Grant of a winter fuel payment - Link with pensionable age. Case C-382/98. 1 Social policy - Equal treatment for men and women in matters of social security - Matters covered by Directive 79/7 - Winter fuel payment payable to those who have reached a minimum age rather than on the basis of a lack of financial means - Included (Council Directive 79/7, Art. 3(1)) 2 Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation allowed in respect of possible consequences for other benefits of different pensionable ages - Scope -Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable ages - Discrimination with regard to grant of a winter fuel payment - Excluded (Council Directive 79/7, Art. 7(2)(a)) Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the Directive, must be interpreted as meaning that a winter fuel payment, which is part of a statutory scheme, is covered by that directive in so far as payment of the benefit is always subject to the recipients having reached statutory retirement age and it is therefore aimed at protecting them against the risk of old age mentioned in that article. The benefit may be granted to elderly persons, even if they do not have financial difficulties, so that protection against a lack of financial means cannot be considered to be the aim of the benefit. 2 The derogation from the principle of equal treatment for men and women laid down in Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is not applicable to a benefit such as the winter fuel payment, which is subject to the condition that the recipient has reached statutory retirement age, that is to say the age of 60 for women and 65 for men. Such discrimination is not objectively and necessarily linked to the difference in retirement age for men and women. First, from the point of view of the financial equilibrium of the social security system, it is not necessary either for the financial equilibrium of contributory pension schemes, in view of the fact that the benefits are granted under a non-contributory scheme, or for the financial equilibrium of the social security system as a whole. Secondly, from the point of view of consistency between the retirement pension scheme and the other benefit scheme, it is not required, since if the benefit is designed to provide protection against the risk of old age and must, therefore, be paid only to those above a certain age, it does not follow that that age must necessarily coincide with the statutory age of retirement and, as a result, be different for men and women. Social Fund Winter Fuel Payment Amendment Regulations 1998 No 1910 1 Cites 1 Citers [ Bailii ] Â Cendrowicz v Commission (Rec.1999,p.FP-IA-273,II-1341) (Judgment) T-143/98 16 Dec 1999 ECFI European Â Â The Secretary of State For Health, The Secretary Of State For Trade and Industry, H M Attorney General v Imperial Tobacco Limited etc; CA 16-Dec-1999 - Times, 17 December 1999; Gazette, 13 January 2000 Â Commission v France (Rec.1999,p.I-8935) (Judgment) C-239/98 16 Dec 1999 ECJ European Â Commission v France (Rec 1999,p I-8935) (Judgment) C-239/98; [1999] EUECJ C-239/98 16 Dec 1999 ECJ European [ Bailii ] Â ESC v E (Rec.1999,p.I-8877) (Judgment) C-150/98 16 Dec 1999 ECJ European Â DAT-SCHAUB (Rec 1999,p I-8759) (Judgment) C-74/98; [1999] EUECJ C-74/98 16 Dec 1999 ECJ European [ Bailii ] Â G. Everson and T.J. Barrass v Secretary of State for Trade and Industry and Bell Lines Ltd C-198/98; [1999] EUECJ C-198/98 16 Dec 1999 ECJ European, Employment, Insolvency Europa Where the employees adversely affected by the insolvency of their employer were employed in a Member State by the branch established in that State of a company incorporated under the laws of another Member State, where that company has its registered office and in which it was placed in liquidation, the competent institution, under Article 3 of Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, for payment to those employees of outstanding claims is that of the State within whose territory they were employed. [ Bailii ] Â Micro Leader v Commission (Rec 1999,p II-3989) T-198/98; T-198/98; [1999] EUECJ T-198/98 16 Dec 1999 ECFI European [ Bailii ] Â UDL (Rec.1999,p.I-8841) (Judgment) C-101/98 16 Dec 1999 ECJ European Â Rhone-Poulenc Rorer (Rec 1999,p I-8789) (Judgment) C-94/98; [1999] EUECJ C-94/98 16 Dec 1999 ECJ European [ Bailii ] Â Commission v Luxembourg (Rec 1999,p I-8999) (Judgment) C-47/99; [1999] EUECJ C-47/99 16 Dec 1999 ECJ European [ Bailii ] Â Everson and Barrass (Rec.1999,p.I-8903) (Judgment) C-198/98 16 Dec 1999 ECJ European Â Commission v Greece (Rec.1999,p.I-9009) (Judgment) C-137/99 16 Dec 1999 ECJ European Â Acciaierie di Bolzano v Commission (Rec 1999,p II-3927) T-158/96; T-158/96; [1999] EUECJ T-158/96 16 Dec 1999 ECFI European [ Bailii ] Â Cendrowicz v Commission (Rec 1999,p FP-IA-273,II-1341) T-143/98; T-143/98; [1999] EUECJ T-143/98 16 Dec 1999 ECFI European [ Bailii ] Â Commission v Luxembourg (Rec 1999,p I-8987) (Judgment) C-26/99; [1999] EUECJ C-26/99 16 Dec 1999 ECJ European [ Bailii ] Â Commission v Luxembourg (Rec.1999,p.I-8987) (Judgment) C-26/99 16 Dec 1999 ECJ European Â Commission v Luxembourg (Rec.1999,p.I-9021) (Judgment) C-138/99 16 Dec 1999 ECJ European Â Commission v Luxembourg (Rec 1999,p I-9021) (Judgment) C-138/99; [1999] EUECJ C-138/99 16 Dec 1999 ECJ European [ Bailii ] Â Micro Leader v Commission (Rec.1999,p.II-3989) (Judgment) T-198/98 16 Dec 1999 ECFI European Â UDL (Rec 1999,p I-8841) (Judgment) C-101/98; [1999] EUECJ C-101/98 16 Dec 1999 ECJ European [ Bailii ] Â ESC v E (Rec 1999,p I-8877) (Judgment) C-150/98; [1999] EUECJ C-150/98P 16 Dec 1999 ECJ European [ Bailii ] Â Commission v Luxembourg (Rec.1999,p.I-8999) (Judgment) C-47/99 16 Dec 1999 ECJ European Â Commission v Greece (Rec 1999,p I-9009) (Judgment) C-137/99; [1999] EUECJ C-137/99 16 Dec 1999 ECJ European [ Bailii ] Â Taylor (Rec.1999,p.I-8955) (Judgment) C-382/98 16 Dec 1999 ECJ European Â Shanning International Ltd v Lloyds TSB Bank plc; Lloyds TSB Bank plc v Rasheed Bank and another Times, 19 January 2000; [1999] EWHC 280 (Comm) 17 Dec 1999 ComC Langley J Banking, European The parties were linked together by a series of bonds, deposits, and guarantees and indemnities which had been designed to enable trade with a customer in Iraq. The Regulation operated to prevent any claim being made under the bond, and therefore the bank could not resist an action for the repayment of a deposit on the basis that it might be called upon under its own bond. Regulation (EEC) No 3541/92 1 Citers [ Bailii ] Â Astonquest Ltd, Regina (on The Application of) [2000] Eu LR 371; [1999] EWCA Civ 3058 21 Dec 1999 CA European, Agriculture Application for reference to the ECJ on issues concerned with the implementation of the common fisheries policy of the European Union. [ Bailii ] Â
		Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.

swarb.co.uk - law index

European - From: 1999 To: 1999