swarb.co.uk - law index

European - From: 2001 To: 2001

This page lists 839 cases, and was prepared on 27 May 2018.

2 Under Article 2(1) of Directive 98/4 Member States were to bring into force the laws, regulations and administrative measures necessary to comply with the directive by 16 February 1999 and to inform the Commission thereof forthwith.

3 Taking the view that Directive 98/4 had not been transposed into French law within the prescribed period, the Commission started the procedure in respect of failure to fulfil Treaty obligations. Having given the French Republic formal notice to submit its observations, the Commission, on 18 February 2000, sent a reasoned opinion to the French Republic requesting it to adopt the measures necessary to comply with it within two months from the date of notification of the opinion. Since it received no information as to whether the transposition of the directive had been completed, the Commission brought the present action.

4 Pointing out the obligations of the Member States under the third paragraph of Article 249 EC, the Commission submits that the French Republic was required to take the measures necessary to comply with Directive 98/4 within the prescribed period.

5 The French Republic, which does not deny the failure, states that Directive 98/4 is in the course of transposition.

6 Since the directive has thus not been transposed within the prescribed period, the Commission's action must be regarded as well founded.

7 It must therefore be held that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative measures necessary to comply with Directive 98/4, the French Republic has failed to fulfil its obligations under that directive.
[ Bailii ]
 
AICS v Parliament (Order) C-330/00
21 Jun 2001
ECJ

European


 
Commission v Ireland (Rec.2001,p.I-4619) (Judgment) C-30/99
21 Jun 2001
ECJ

European


 
Moccia Irme v Commission (Ecsc) C-282/99; [2001] EUECJ C-282/99P; [2001] EUECJ C-282/99
21 Jun 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
SONAE (Judgment) [2001] EUECJ C-206/99; C-206/99
21 Jun 2001
ECJ

European

[ Bailii ]
 
Commission v Ireland (Judgment) [2001] EUECJ C-30/99; C-30/99
21 Jun 2001
ECJ

European

[ Bailii ]
 
Commission v Luxembourg (Judgment) [2001] EUECJ C-119/00; C-119/00
21 Jun 2001
ECJ

European

[ Bailii ]
 
SONAE (Rec.2001,p.I-4679) (Judgment) C-206/99
21 Jun 2001
ECJ

European


 
Moccia Irme v Commission (Ecsc) C-281/99; [2001] EUECJ C-281/99P; [2001] EUECJ C-281/99
21 Jun 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
ADI (UK) Limited v Firm Security Group Limited [2001] EWCA Civ 971; [2001] 3 CMLR 8; [2001] Emp LR 969; [2001] IRLR 542
22 Jun 2001
CA
Lord Justice Simon Brown, Lord Justice May, Lord Justice Dyson
Employment, European
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations. Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a location and in circumstances, and the EAT found an economic entity. The state of the European and domestic authorities is unsatisfactory. The hearing had taken place between the two ECM judgments. Emphasis is placed on the need to take all relevant factors into account. The present case is to be regarded as an example of a labour intensive case, such as was Süzen, but the EAT had not considered the reason for not taking on the previous employees.
May LJ said: "In my view confusion and uncertainty have arisen because the need for a legal transfer or merger, still present in the Directive, has been eliminated by purposive judicial interpretation, yet the perceived need to find a transfer of some kind remains."
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Council Directive 77/187/EEC
1 Cites

1 Citers

[ Bailii ]
 
Marchiori, Regina (on the Application Of) v Environment Agency [2001] EWCA Civ 987
22 Jun 2001
CA

European, Utilities, Armed Forces
Renewed application for leave to appeal. Complaint at military activities being condcuted under the Euratom Treaty.
[ Bailii ]
 
Brian Watson v First Choice Holidays and Flights Limited and Aparta Hotels Caledonia S A [2001] EWCA Civ 972
25 Jun 2001
CA
Judge, Latham LJJ
Contract, European, Personal Injury, Consumer
Two tourists were injured whilst on holiday in Spain. One recovered damages in Spain; the other sued the tour operators here, and the Spanish hotel operator resisted being joined, saying that his business being in Spain, he should not be sued here. The Regulations clearly enabled the tour operator to be sued here, and the operator in turn could seek his indemnity from the hotel operator here under the Convention. The parties could not be protected from the possibility of facing different consequences from different courts when there were several linked cases. The cases were referred to the European Court of Justice for their decision.
[ Bailii ]

 
 Agora Srl v Ente Autonomo Fiera Internazionale Di Milano Excelsior SNC De Pderotti Bruna; C v Same; ECJ 26-Jun-2001 - Times, 26 June 2001; C-223/99; [2001] EUECJ C-223/99
 
Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union Times, 28 June 2001; C-173/99; [2001] EUECJ C-173/99
26 Jun 2001
ECJ

Employment, European
The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive sought to improve working conditions for employees. There were certain derogations, but not from Article 7, the particular applicable condition. The right was a social right directly conferred on each worker, and the UK regulations were incompatible with that right.
Council Directive 93/104/EC concerning certain aspects of the organisation of working time - Working Time Regulations 1998 (1998 No 1833) 13(7)
1 Citers

[ Bailii ]
 
Commission v Portugal (Rec.2001,p.I-4845) (Judgment) C-70/99
26 Jun 2001
ECJ

European


 
BECTU (Rec.2001,p.I-4881) (Judgment) C-173/99
26 Jun 2001
ECJ

European


 
Brunnhofer v Bank der Osterreichischen Postparkasse AG C-381/99; [2001] ECR 4961; [2001] EUECJ C-381/99; [2001] 1RLR 271
26 Jun 2001
ECJ

European, Discrimination
Europa Equal pay for men and women - Conditions of application - Difference in pay - Definition of 'the same work and 'work of equal value - Classification, under a collective agreement, in the same job category - Burden of proof - Objective justification for unequal pay - Effectiveness of a specific employee's work.
Ms Brunnhofer worked in an Austrian bank and claimed equal pay with a male colleague. Both were classified under a collective agreement in the same category but from the time of his recruitment the male received an individual supplement higher than the supplement received by Ms Brunnhofer. The Bank claimed that there were rejected reasons for the difference in the supplements. According to the Bank the male comparator carried out more important functions than Ms Brunnhofer who is not authorized to enter into binding commitments on behalf of the Bank, and also the quality of their work was said to be different. Held: "the fundamental principle laid down in Article 119 of the Treaty and elaborated by the Directive precludes unequal pay as between men and women for the same job or work of equal value, whatever the mechanism which produces such inequality, unless the difference in pay is justified by objective factors unrelated to any discrimination linked to the difference in sex . . . " A finding of inequality in pay between the appellant and her main comparator would not be sufficient basis for concluding that discrimination prohibited by Community Law exists. Firstly, it must be ascertained whether the employees concerned were performing work of equal value and secondly “the differences in treatment prohibited by article 119 are exclusively those based on the difference in sex of the employees concerned – see Jenkins”. The ECJ then set out a stage by stage approach with the onus firstly on the employee to prove that her pay was less than that of her comparator and that her work was the same or of equal value so that “prime facie she is the victim of discrimination which can be explained only by the difference in sex”
1 Cites

1 Citers

[ Bailii ]
 
Commission v Italy (Judgment) [2001] EUECJ C-212/99; C-212/99
26 Jun 2001
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-4923) (Judgment) C-212/99
26 Jun 2001
ECJ

European


 
Commission v Portugal C-70/99; [2001] EUECJ C-70/99
26 Jun 2001
ECJ

European

[ Bailii ]
 
X v Commission (Rec 2001,p FP-IA-143,II-663) T-214/00; [2001] EUECJ T-214/00
27 Jun 2001
ECFI

European

[ Bailii ]
 
Andres de Dios and others v Council (Rec 2001,p II-1857,IA-139,II-645) T-166/99; [2001] EUECJ T-166/99; T-166/99
27 Jun 2001
ECFI

European

[ Bailii ]
 
Andres de Dios and others v Council (Rec.2001,p.II-1857,IA-139,II-645) (Judgment) T-166/99
27 Jun 2001
ECFI

European


 
Leroy v Council (Staff Regulations) T-38/00; [2001] EUECJ T-38/00
27 Jun 2001
ECFI

European
ECJ Decision 1999/307/EC - Integration of the Schengen Secretariat into the General Secretariat of the Council - Action for annulment
[ Bailii ]
 
Leroy v Council (Staff Regulations) T-37/00; [2001] EUECJ T-37/00
27 Jun 2001
ECJ

European

[ Bailii ]
 
X v Commission (Rec.2001,p.FP-IA-143,II-663) (Judgment) T-214/00
27 Jun 2001
ECFI

European


 
Leroy and others v Council (Rec.2001,p.II-1819,IA-135,II-617) (Judgment) T-164/99
27 Jun 2001
ECFI

European


 
Eridania and others v Council (Rec.2001,p.I-5007) (Order) C-351/99
28 Jun 2001
ECJ

European


 
Eridania and others v Council (Rec.2001,p.I-5037) (Order) C-352/99
28 Jun 2001
ECJ

European


 
Cerafogli and others v BCE (Rec 2001,p FP-IA-147,II-675) T-20/01; [2001] EUECJ T-20/01
28 Jun 2001
ECFI

European

[ Bailii ]
 
Cerafogli and others v BCE (Rec.2001,p.FP-IA-147,II-675) (Order) T-20/01
28 Jun 2001
ECFI

European


 
Larsy (Rec.2001,p.I-5063) (Judgment) C-118/00
28 Jun 2001
ECJ

European



 
 Optident Ltd and Another v Secretary of State for Trade and Industry and Another; HL 2-Jul-2001 - Times, 02 July 2001; [2001] UKHL 32; (2001) 61 BMLR 10; [2001] 3 CMLR 1
 
Commission v Belgium (Judgment) [2001] EUECJ C-378/98; C-378/98
3 Jul 2001
ECJ

European

[ Bailii ]
 
Commission v Luxembourg (Rec.2001,p.I-5189) (Judgment) C-297/00
3 Jul 2001
ECJ

European


 
CIG (Rec.2001,p.I-5139) (Order) C-241/99
3 Jul 2001
ECJ

European


 
E v Commission (Rec 2001,p FP-IA-149,II-681) T-24/98; [2001] EUECJ T-24/98; T-24/98
3 Jul 2001
ECFI

European

[ Bailii ]
 
Commission v Luxembourg (Judgment) [2001] EUECJ C-297/00; C-297/00
3 Jul 2001
ECJ

European

[ Bailii ]
 
Commission v Belgium (Rec.2001,p.I-5107) (Judgment) C-378/98
3 Jul 2001
ECJ

European


 
E v Commission (Rec.2001,p.FP-IA-149,II-681) (Judgment) T-24/98
3 Jul 2001
ECFI

European


 
CIG (Order) C-241/99
3 Jul 2001
ECJ

European


 
Bertelsmann (Judgment) [2001] EUECJ C-380/99; C-380/99
3 Jul 2001
ECJ

European

[ Bailii ]
 
Bertelsmann (Rec.2001,p.I-5163) (Judgment) C-380/99
3 Jul 2001
ECJ

European


 
Commission v Italy (Rec.2001,p.I-5203) (Judgment) C-447/99
4 Jul 2001
ECJ

European


 
Commission v Italy (Judgment) [2001] EUECJ C-447/99; C-447/99
4 Jul 2001
ECJ

European

[ Bailii ]
 
Italy v Council and Commission (Rec.2001,p.I-5217) (Judgment) C-100/99
5 Jul 2001
ECJ

European


 
Council national des professions de l'automobile and others v Commission (Order) C-341/00
5 Jul 2001
ECJ

European
europa Appeal - Regulation (EC) No 2790/1999 - Appeal clearly unfounded and clearly inadmissible

 
ASAHI VET v Commission (Rec.2001,p.II-1933) (Order) T-55/01
5 Jul 2001
ECFI

European


 
Roberts v Commission (Rec.2001,p.II-1881) (Judgment) T-25/99
5 Jul 2001
ECFI

European


 
Roberts v Commission (Rec 2001,p II-1881) T-25/99; [2001] EUECJ T-25/99; T-25/99
5 Jul 2001
ECFI

European

[ Bailii ]
 
Council national des professions de l'automobile and others v Commission (Rec.2001,p.I-5263) (Order) C-341/00
5 Jul 2001
ECJ

European


 
Italy v Commission and Council (Judgment) [2001] EUECJ C-100/99; C-100/99
5 Jul 2001
ECJ

European

[ Bailii ]
 
ASAHI VET v Commission T-55/01; [2001] EUECJ T-55/01
5 Jul 2001
ECFI

European

[ Bailii ]
 
Tsarnavas v Commission (Rec.2001,p.FP-IA-155,II-721) (Order) T-161/00
6 Jul 2001
ECFI

European


 
Dubigh and Zaur-Gora v Commission T-375/00; [2001] EUECJ T-375/00
6 Jul 2001
ECFI

European

[ Bailii ]
 
Tsarnavas v Commission (Rec 2001,p FP-IA-155,II-721) T-161/00; [2001] EUECJ T-161/00
6 Jul 2001
ECFI

European

[ Bailii ]
 
Edlinger v Commission (Rec.2001,p.II-1961) (Order) T-191/00
10 Jul 2001
ECFI

European


 
HSB-Wohnbau (Rec.2001,p.I-5353) (Order) C-86/00
10 Jul 2001
ECJ

European


 
Edlinger v Commission (Rec 2001,p II-1961) T-191/00; [2001] EUECJ T-191/00
10 Jul 2001
ECFI

European

[ Bailii ]
 
Irish Sugar v Commission (Rec.2001,p.I-5333) (Order) C-497/99; C-497/99
10 Jul 2001
ECJ

European

1 Cites


 
Ismeri Europa v Court of Auditors (Judgment) [2001] EUECJ C-315/99P; C-315/99; [2001] EUECJ C-315/99
10 Jul 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
HSB-Wohnbau (Order) C-86/00
10 Jul 2001
ECJ

European


 
Ismeri Europa v Court of Auditors (Rec.2001,p.I-5281) (Judgment) C-315/99
10 Jul 2001
ECJ

European


 
Hendry and others v World Professional Billiards and Snooker Association Ltd [2001] EWCA Civ 1127
11 Jul 2001
CA
Henry, Robert Walker LJJ
European, Commercial
Expedited application for permission to appeal. Professional snooker players had sought an injunction to prevent their professional association bringing in a change of rules without the claimants having adequate opportunity to take advice. Held: The refusal had been a matter of the exercise of a judicial discretion. The judge had had a difficult case, but had given proper reasons for his decision, and the appeal failed.
Competition Act 1998
[ Bailii ]
 
Portugal v Commission (Judgment) [2001] EUECJ C-365/99; C-365/99
12 Jul 2001
ECJ

European

[ Bailii ]
 
Tate and Lyle v Commission (Competition) T-204/98; [2001] EUECJ T-204/98
12 Jul 2001
ECJ

European, Commercial
Europa Competition - Sugar market - Infringement of Article 85 of the EC Treaty (now Article 81 EC) - Fines.
[ Bailii ]
 
Schochaert v Council (Rec.2001,p.FP-IA-161,II-743) (Judgment) T-131/00
12 Jul 2001
ECFI

European


 
Banatrading v Council (Rec 2001,p II-2123) T-3/99; [2001] EUECJ T-3/99; T-3/99
12 Jul 2001
ECFI

European

[ Bailii ]
 
Mattila v Council and Commission (Rec 2001,p II-2265) T-204/99; [2001] EUECJ T-204/99
12 Jul 2001
ECFI

European

1 Cites

1 Citers

[ Bailii ]
 
T Port v Council (Rec 2001,p II-2093) T-2/99; [2001] EUECJ T-2/99; T-2/99
12 Jul 2001
ECFI

European

[ Bailii ]
 
Tate and Lyle and others v Commission (Rec 2001,p II-2035) T-202/98; [2001] EUECJ T-202/98; T-202/98
12 Jul 2001
ECFI

European

[ Bailii ]
 
UK Coal v Commission (Rec 2001,p II-2153) T-12/99; [2001] EUECJ T-12/99; T-12/99
12 Jul 2001
ECFI

European

[ Bailii ]
 
T. Port v Council (Rec.2001,p.II-2093) (Judgment) T-2/99
12 Jul 2001
ECFI

European


 
Vanbraekel and others (Rec.2001,p.I-5363) (Judgment) C-368/98
12 Jul 2001
ECJ

European


 
Commission v Tf1 And France (Competition) C-308/99; [2001] EUECJ C-308/99P; [2001] EUECJ C-308/99
12 Jul 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Ordine degli Architetti and others (Rec.2001,p.I-5409) (Judgment) C-399/98
12 Jul 2001
ECJ

European


 
Welthgrove (Order) C-102/00
12 Jul 2001
ECJ

European


 
Kik v OHMI (KIK) (Rec.2001,p.II-2235) (Judgment) T-120/99
12 Jul 2001
ECFI

European


 
Smits and Peerbooms (Rec.2001,p.I-5473) (Judgment) C-157/99
12 Jul 2001
ECJ

European


 
Schochaert v Council (Rec 2001,p FP-IA-161,II-743) T-131/00; [2001] EUECJ T-131/00; T-131/00
12 Jul 2001
ECFI

European

[ Bailii ]
 
Banatrading v Council (Rec.2001,p.II-2123) (Judgment) T-3/99
12 Jul 2001
ECFI

European


 
Mattila v Council and Commission (Rec.2001,p.II-2265) (Judgment) T-204/99
12 Jul 2001
ECFI

European


 
Tate and Lyle and others v Commission (Rec.2001,p.II-2035) (Judgment) T-202/98
12 Jul 2001
ECFI

European


 
Commission and France v TF1 (Rec.2001,p.I-5603) (Judgment) C-302/99
12 Jul 2001
ECJ

European


 
Portugal v Commission (Rec.2001,p.I-5645) (Judgment) C-365/99
12 Jul 2001
ECJ

European


 
Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij Times, 19 July 2001; [2001] EUECJ C-189/01; C-189/01; [2001] ECR I-5689; ECLI:EU:C:2001:420
12 Jul 2001
ECJ

Agriculture, European, Animals
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be moved nor mix with other animals. They claimed that the ban on vaccination which left the cull as an only alternative, was made without regard to a principle of promoting the welfare of animals. The protection of animals was neither an objective of the community, nor a principle of law. The directive was not manifestly inappropriate.
ECJ Agriculture - Control of foot-and-mouth disease - Prohibition of vaccination - Principle of proportionality - Taking animal welfare into account
"the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate"
1 Citers

[ Bailii ]
 
Tate and Lyle plc and Others v Commission of the European Communities Times, 03 September 2001; T-204/98; T-207/98; T-202/98
12 Jul 2001
ECJ

European, Commercial
Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or concerted practice under Art 85. The presence at the meeting with an anti-competitive purpose eliminated advance uncertainty about the future behaviour of its competitors, and the company would use other information it itself gained in order to determine its own future plans.
EC Treaty Art 81 (formerly art 85)

 
Welthgrove (Rec.2001,p.I-5679) (Order) C-102/00
12 Jul 2001
ECJ

European


 
UK Coal v Commission (Rec.2001,p.II-2153) (Judgment) T-12/99
12 Jul 2001
ECFI

European


 
Louloudakis v Elliniko Dimosio [2001] ECR I-5547; C-262/99; [2001] EUECJ C-262/99
12 Jul 2001
ECJ

European
As penalties were not harmonised within Community law, it remains open to member states to choose the penalties which seem appropriate to them. They must, however, exercise that power in accordance with Community law and its general principles, and consequently with the principle of proportionality. The administrative measure or penalties must not go beyond what is strictly necessary for the objectives pursued and a penalty must not be so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the treaty.
1 Citers

[ Bailii ]
 
Ordine degli Architetti delle Province di Milano e Lodi (Judgment) [2001] EUECJ C-399/98; C-399/98
12 Jul 2001
ECJ

European

[ Bailii ]
 
UK Coal (Anciennement RJB Mining) v Commission (ECSC) T-63/99; [2001] EUECJ T-63/99; [2001] 3 CMLR 16; [2001] ECR II-2153
12 Jul 2001
ECJ

European
Europa ECSC Treaty - Decision No 3632/93/ECSC - Operating aid and aid for the reduction of activity - Authorisation ex post facto of aid already paid - Improvement of the viability of recipient undertakings - Degression of aid - Bonus paid to underground mineworkers (Bergmannsprämie) - Amendment of a modernisation, rationalisation and restructuring plan - Taking account of a concentration between undertakings - Statement of reasons.
[ Bailii ]
 
Tate and Lyle v Commission (Competition) T-207/98; [2001] EUECJ T-207/98
12 Jul 2001
ECJ

European

[ Bailii ]
 
Smits (Epouse Geraets) And Peerbooms (Freedom To Provide Services) C-157/99; [2001] EUECJ C-157/99
12 Jul 2001
ECJ

European

[ Bailii ]
 
Comafrica And Dole Fresh Fruit Europe v Commission (Agriculture) T-225/99; [2001] EUECJ T-225/99
12 Jul 2001
ECJ

European

[ Bailii ]
 
Comafrica And Dole Fresh Fruit Europe v Commission (Agriculture) T-174/98; [2001] EUECJ T-174/98
12 Jul 2001
ECJ

European

[ Bailii ]
 
Comafrica And Dole Fresh Fruit Europe v Commission (Agriculture) T-171/96; [2001] EUECJ T-171/96
12 Jul 2001
ECJ

European

[ Bailii ]
 
Commission v TF1 and France (Judgment) [2001] EUECJ C-302/99; C-302/99
12 Jul 2001
ECJ

European

[ Bailii ]
 
Vanbraekel and Others v Alliance nationale des mutualites chretiennes Case C-368/98 (Judgment) Times, 03 September 2001; C-368/98; [2001] EUECJ C-368/98; C-368/98
12 Jul 2001
ECJ

European, Health, Benefits, Commercial
The applicant was insured under the national health insurance scheme, but received treatment in another member state, he was entitled to be re-imbursed the higher cost even though it might be higher than the amount he would have been entitled to have claimed in his own country. To hold otherwise would discourage free supply of services through member states.
EC Treaty Article 234
[ Bailii ]
 
Comafrica and Dole Fresh Fruit Europe v Commission (Rec 2001,p II-1975) T-198/95; [2001] EUECJ T-198/95; T-198/95
12 Jul 2001
ECFI

European

[ Bailii ]

 
 Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates' Court; Lilley v Director of Public Prosecutions; QBD 13-Jul-2001 - Times, 19 July 2001; Gazette, 31 August 2001; [2001] EWHC Admin 554; [2001] 3 WLR 1392

 
 Jobsin Co UK Plc (T/A Internet Recruitment Solutions) v Department of Health; CA 13-Jul-2001 - [2001] EWCA Civ 1241; [2001] Eu LR 685; [2002] 1 CMLR 44
 
Commission v NALOO (Rec.2001,p.I-5737) (Order) C-180/01
17 Jul 2001
ECJ

European


 
Commission v NALOO and others (Order) [2003] EUECJ C-180/01P; C-180/01
17 Jul 2001
ECJ

European
Europa ECSC Treaty - Rejection of a complaint alleging discriminatory pricing and abusive royalties - Powers of the Commission - Judgment of the Court of First Instance annulling a decision to reject a complaint - Steps necessary to comply with a judgment annulling a decision to reject a complaint - Suspension of operation of a judgment of the Court of First Instance - Urgency.
[ Bailii ]
 
Brumter v Commission (Rec 2001,p FP-IA-165,II-757) T-351/99; [2001] EUECJ T-351/99
20 Jul 2001
ECFI

European

[ Bailii ]

 
 Regina v Independent Television Commission, ex parte TV Danmark 1 Ltd; HL 25-Jul-2001 - Times, 27 July 2001; Gazette, 06 September 2001; [2001] UKHL 42; [2001] Eu LR 741; [2001] 1 WLR 1604; [2001] EMLR 42; [2001] 3 CMLR 26
 
Mills v Ministry of Agriculture, Fisheries and Food [2001] EWCA Civ 1346
30 Jul 2001
CA
Latham, Rix, Longmore LJJ
Animals, European
The appellant had been prosecuted for alleged offences.
Animal Health Act 1981 69 - Export of Animals (Protection) Order 1981 - Council Directive 77/489/EEC
[ Bailii ]
 
Voteforce Associates Ltd v K Quinn EAT/1186/00
30 Jul 2001
EAT
His Honour Judge Peter Clark
European, Employment
The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract of employment during such a period. The provisions are opaque, but the rules as to calculation of weekly pay are not relevant in calculating continuous employment, and the regulations provide the entire definition. In this case there was no mutuality of obligation either to provide or undertake work, and accordingly there was no contract of service. The regulation may not correctly implement the Directive in this respect.
EAT Unlawful Deduction from Wages -
Working Time Regulations 1998 (1998 No 1833) 13 - Employment Rights Act 1996 221 222 223 224 - EC Directive 93/104

 
British Horseracing Board Ltd and Others v William Hill Organization Ltd [2001] EWCA Civ 1268
31 Jul 2001
CA
Mr Justice Clarke, Lord Justice Peter Gibson, Lord Justice Kay
Intellectual Property, European
The Board had established a database of information about horse racing. It was costly. The defendants recovered the information from a licensed user, and used it for its own business purposes. It was not suggested that the licensee had any right to sub-licence the data. The Board had succeeded, at first instance, in arguing that the defendant had infringed its database rights. It was argued that the judge had failed to acknowledge that the defendants had not taken advantage of the way in which the maker had rendered the contents individually accessible. However nothing the regulations required that element. Nevertheless, in a case where any doubt as to the interpretation of a directive required resolution, that question could be referred to the European Court of Justice. It was so referred.
Directive 96/9/EC - Copyright and Rights in Databases Regulations 1997 (1997 No 3032)
1 Cites

1 Citers

[ Bailii ]

 
 Ingmar GB Ltd v Eaton Leonard Inc; QBD 31-Jul-2001 - [2001] EWHC QB 3
 
Euroalliages and others v Commission (Rec 2001,p II-2307) T-132/01; [2003] EUECJ T-132/01
1 Aug 2001
ECFI

European

[ Bailii ]
 
David Frape v Emreco International Limited (2) [2001] ScotHC 74; [2001] ScotCS 196
2 Aug 2001
SCS
Lord McEwan
Scotland, Agency, Commercial, European

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Saxonia Edelmetalle v Commission (Rec 2001,p II-2335) T-111/01; [2001] EUECJ T-111/01; [2005] EUECJ T-111/01
2 Aug 2001
ECFI

European

[ Bailii ] - [ Bailii ]
 
De Nicola v EIB (Rec 2001,p FP-IA-171,II-783) T-120/01; [2001] EUECJ T-120/01
9 Aug 2001
ECFI

European

[ Bailii ]
 
IMS Health v Commission (Rec.2001,p.II-2349) (Order) T-184/01
10 Aug 2001
ECFI

European


 
IMS Health v Commission (Rec 2001,p II-2349) T-184/01; [2001] EUECJ T-184/01
10 Aug 2001
ECFI

European

[ Bailii ]
 
Artegodan v Commission T-74/00
5 Sep 2001
ECFI

European

1 Cites

1 Citers


 
Commission v Ireland [2001] EUECJ C-67/99; C-67/99
11 Sep 2001
ECJ

European, Environment
Europa Failure by a Member State to fulfil its obligations - Directive 92/43/EEC - Conservation of natural habitats - Conservation of wild fauna and flora - Article 4(1) - List of sites - Site information.
[ Bailii ]
 
Tessa and Tessas v Council (Rec.2001,p.II-2401) (Order) T-270/99
11 Sep 2001
ECFI

European


 
Commission v France [2001] EUECJ C-220/99; C-220/99
11 Sep 2001
ECJ

European, Environment
Europa Failure by a Member State to fulfill its obligations - Directive 92/43/EEC - Conservation of natural habitats - Conservation of wild fauna and flora - Article 4(1) - List of sites - Site information.
[ Bailii ]
 
Commission v Ireland (Rec.2001,p.I-5757) (Judgment) C-67/99
11 Sep 2001
ECJ

European


 
Commission of the European Communities v Federal Republic of Germany [2001] EUECJ C-71/99; C-71/99
11 Sep 2001
ECJ

European
Europa Failure by a Member State to fulfil its obligations - Directive 92/43/EEC - Conservation of natural habitats - Conservation of wild fauna and flora - Article 4(1) - List of sites - Site information.
[ Bailii ]
 
Commission v Germany (Rec.2001,p.I-5811) (Judgment) C-71/99
11 Sep 2001
ECJ

European


 
Commission v France (Rec.2001,p.I-5831) (Judgment) C-220/99
11 Sep 2001
ECJ

European


 
Tessa and Tessas v Council T-270/99; [2001] EUECJ T-270/99
11 Sep 2001
ECFI

European

[ Bailii ]
 
Comafrica and Dole Fresh Fruit Europe v Commission T-139/01; [2001] EUECJ T-139/01
12 Sep 2001
ECFI

European

[ Bailii ] - [ Bailii ]
 
Spain v Commission (Rec.2001,p.I-5983) (Judgment) C-375/99
13 Sep 2001
ECJ

European


 
Spain v Commission (Rec.2001,p.I-5943) (Judgment) C-374/99
13 Sep 2001
ECJ

European


 
Comite du personnel de la BCE and others v BCE (Rec.2001,p.I-6041) (Order) C-467/00
13 Sep 2001
ECJ

European


 
Commission v Spain (Rec.2001,p.I-6015) (Judgment) C-417/99
13 Sep 2001
ECJ

European


 
Schieving-Nijstad VOF and Others v Groeneveld [2001] EUECJ C-89/99; C-89/99
13 Sep 2001
ECJ

European
ECJ Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands. Agreement establishing the World Trade Organisation - Article 50(6) of the TRIPs Agreement - Interpretation - Direct effect - Application to proceedings pending at the time of entry into force in the State concerned - Conditions regarding the time-limit for bringing substantive proceedings - Calculation of that time-limit.
1 Citers

[ Bailii ]
 
Spain v Commission [2001] EUECJ C-375/99; C-375/99
13 Sep 2001
ECJ

European

[ Bailii ]
 
Spain v Commission [2001] EUECJ C-374/99; C-374/99
13 Sep 2001
ECJ

European

[ Bailii ]
 
Comite du personnel de la BCE and others v BCE C-467/00
13 Sep 2001
ECJ

European


 
Hans Schwarzkopf GmbH and Co KG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV [2001] EUECJ C-169/99; C-169/99
13 Sep 2001
ECJ

European, Commercial, Consumer
ECJ Reference for a preliminary ruling: Bundesgerichtshof - Germany.
Article 6(1)(d), last sentence, of Directive 76/768/EEC, as amended by Directive 93/35/EEC - Prescribed labelling "impossible for practical reasons" - Justification for putting abbreviated forms of compulsory warnings on the containers and packaging of cosmetic products - Information provided in nine languages in the interests of greater flexibility in the marketing of cosmetic products.
Directive 76/768/EEC
[ Bailii ]
 
Schwarzkopf (Rec.2001,p.I-5901) (Judgment) C-169/99
13 Sep 2001
ECJ

European


 
Commission v Spain [2001] EUECJ C-417/99; C-417/99
13 Sep 2001
ECJ

European, Environment
Europa Failure by a State to comply with its obligations - Directive 96/62/EC - Ambient air quality assessment and management - Failure to designate the competent authorities and bodies responsible for implementing the directive.
[ Bailii ]
 
Svantesson and others v Council (Rec.2001,p.FP-IA-175,II-799) (Judgment) T-160/99
13 Sep 2001
ECFI

European


 
Svantesson and others v Council (Rec 2001,p FP-IA-175,II-799) T-160/99; [2001] EUECJ T-160/99
13 Sep 2001
ECFI

European

[ Bailii ]
 
M6 and others v Commission (Rec.2001,p.II-2459) (Judgment) T-112/99
18 Sep 2001
ECFI

European


 
Mukand and others v Council (Rec.2001,p.II-2521) (Judgment) T-58/99
19 Sep 2001
ECFI

European


 
Henkel v OHMI (Tablette rectangulaire rouge and blanc) (Rec.2001,p.II-2581,Summ.pub.) (Judgment) T-335/99
19 Sep 2001
ECFI

European, Intellectual Property


 
Henkel v OHMI (Tablette rectangulaire vert and blanc) (Rec.2001,p.II-2589,Summ.pub.) (Judgment) T-336/99
19 Sep 2001
ECFI

European, Intellectual Property


 
Henkel v OHMI (Tablette ronde rouge and blanc) (Rec.2001,p.II-2597) (Judgment) T-337/99
19 Sep 2001
ECFI

European, Intellectual Property


 
UK Coal v Commission (Rec.2001,p.II-2547) (Order) T-64/99
19 Sep 2001
ECFI

European


 
Henkel v OHMI (Image d'un produit detergent) T-30/00; [2001] EUECJ T-30/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and Viraj Impoexpo Ltd v Council of the European Union T-58/99; [2001] EUECJ T-58/99; T-58/99
19 Sep 2001
ECFI

European, Commercial
Europa Anti-subsidy proceedings - Regulation (EC) No 2450/98 - Stainless steel bright bars - Injury - Causal link.
[ Bailii ]
 
E v Commission (Rec.2001,p.FP-IA-179,II-813) (Judgment) T-152/00
19 Sep 2001
ECFI

European


 
UK Coal v Commission T-64/99; [2001] EUECJ T-64/99
19 Sep 2001
ECFI

European

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette rectangulaire avec incrustation) (Rec.2001,p.II-2793) (Judgment) T-129/00
19 Sep 2001
ECFI

European


 
Jestadt v Council and Commission T-332/99; [2001] EUECJ T-332/99; T-332/99
19 Sep 2001
ECFI

European

[ Bailii ]
 
Henkel v OHMI (Tablette rectangulaire rouge and blanc) T-335/99; [2001] EUECJ T-335/99
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Henkel v OHMI (Tablette rectangulaire vert and blanc) T-336/99; [2001] EUECJ T-336/99
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Henkel v OHMI (Tablette ronde rouge and blanc) T-337/99; [2001] EUECJ T-337/99
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree avec incrustation) (Rec.2001,p.II-2785,Summ.pub.) (Judgment) T-128/00
19 Sep 2001
ECFI

European


 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de vert and de bleu) (Rec.2001,p.II-2777,Summ.pub.) (Judgment) T-121/00
19 Sep 2001
ECFI

European


 
Lecureur v Commission (Rec.2001,p.II-2623) (Judgment) T-26/00
19 Sep 2001
ECFI

European


 
Lecureur v Commission T-26/00; [2001] EUECJ T-26/00; T-26/00
19 Sep 2001
ECFI

European

[ Bailii ]
 
Henkel v OHMI (Image d'un produit detergent) (Rec.2001,p.II-2663) (Judgment) T-30/00
19 Sep 2001
ECFI

European, Intellectual Property


 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de bleu) T-120/00; [2001] EUECJ T-120/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
E v Commission (Rec 2001,p FP-IA-179,II-813) T-152/00; [2001] EUECJ T-152/00
19 Sep 2001
ECFI

European

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette rectangulaire avec incrustation) T-129/00; [2001] EUECJ T-129/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de vert and de bleu) T-121/00; [2001] EUECJ T-121/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de bleu) (Rec.2001,p.II-2769,Summ.pub.) (Judgment) T-120/00
19 Sep 2001
ECFI

European


 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de jaune and de bleu) T-119/00; [2001] EUECJ T-119/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree blanc, tachete de vert, and vert pale) T-118/00; [2001] EUECJ T-118/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree blanc and vert pale) T-117/00; [2001] EUECJ T-117/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
Procter and Gamble v OHMI (Tablette carree blanc and vert pale) (Rec.2001,p.II-2723,Summ.pub.) (Judgment) T-117/00
19 Sep 2001
ECFI

European


 
Procter and Gamble v OHMI (Tablette carree blanc, tachete de vert, and vert pale) (Rec.2001,p.II-2731) (Judgment) T-118/00
19 Sep 2001
ECFI

European


 
Federacion de Cofradias de Pescadores de Guipuzcoa and others v Council T-54/00; T-54/00
19 Sep 2001
ECFI

European


 
Procter and Gamble v OHMI (Tablette carree blanche tachetee de jaune and de bleu) (Rec.2001,p.II-2761,Summ.pub.) (Judgment) T-119/00
19 Sep 2001
ECFI

European


 
Procter and Gamble v OHMI (Tablette carree avec incrustation) T-128/00; [2001] EUECJ T-128/00
19 Sep 2001
ECFI

European, Intellectual Property

[ Bailii ]
 
H J Banks and Co Ltd v The Coal Authority and Secretary of State for Trade and Industry C-390/98; [2001] EUECJ C-390/98
20 Sep 2001
ECJ

European
Europa Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom. ECSC Treaty - Licences to extract raw coal - Discrimination between producers - Special charges - State aid - Article 4(b) and (c) of the Treaty - Decision No 3632/93/ECSC - Code on aid to the coal industry - Direct effect - Respective powers of the Commission and the national courts.
1 Cites

1 Citers

[ Bailii ]
 
Commission v France [2001] EUECJ C-468/00; C-468/00
20 Sep 2001
ECJ

European
Europa Failure by a Member State to fulfill its obligations - Directive 96/50/EC - Carriage of goods and passengers in the Community - Harmonisation of the conditions for obtaining national boat masters' certificates for inland waterways - Non-implementation within the prescribed period.
[ Bailii ]
 
Kingdom of Belgium v Commission of the European Communities [2001] EUECJ C-263/98; C-263/98
20 Sep 2001
ECJ

European
Europa EAGGF - Clearance of accounts - 1994 - Cereals, beef and veal.
[ Bailii ]
 
Commission v Ireland (Rec.2001,p.I-6329) (Judgment) C-370/00
20 Sep 2001
ECJ

European


 
Commission v Ireland [2001] EUECJ C-370/00; C-370/00
20 Sep 2001
ECJ

European
Europa Failure by a Member State to fulfill its obligations - Failure to incorporate Directives 96/49/EC and 96/87/EC into national law.
[ Bailii ]
 
Commission v France (Rec.2001,p.I-6337) (Judgment) C-468/00
20 Sep 2001
ECJ

European


 
Asia Motor France and others v Commission C-1/01; C-1/01
20 Sep 2001
ECJ

European


 
Belgium v Commission (Rec.2001,p.I-6063) (Judgment) C-263/98
20 Sep 2001
ECJ

European


 
Banks (Rec.2001,p.I-6117) (Judgment) C-390/98
20 Sep 2001
ECJ

European


 
Spruyt v Commission (Rec.2001,p.FP-IA-187,II-855) (Judgment) T-171/00
20 Sep 2001
ECFI

European


 
Recalde Langarica v Commission (Rec.2001,p.FP-IA-183,II-833) (Judgment) T-344/99
20 Sep 2001
ECFI

European


 
Asia Motor France and others v Commission (Rec.2001,p.I-6349) (Order) C-1/01
20 Sep 2001
ECJ

European


 
Cibo Participations (Rec.2001,p.I-6663) (Judgment) C-16/00
27 Sep 2001
ECJ

European


 
Cordis v Commission C-442/99; [2001] EUECJ C-442/99P; C-442/99; [2001] EUECJ C-442/99
27 Sep 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Cordis v Commission (Rec.2001,p.I-6629) (Judgment) C-442/99
27 Sep 2001
ECJ

European


 
Bacardi (Rec.2001,p.I-6493) (Judgment) C-253/99
27 Sep 2001
ECJ

European


 
Gloszczuk (Rec.2001,p.I-6369) (Judgment) C-63/99
27 Sep 2001
ECJ

European


 
Cibo Participations C-16/00; [2001] EUECJ C-16/00; C-16/00
27 Sep 2001
ECJ

European

[ Bailii ]

 
 Bacardi GmbH v Hauptzollamt Bremerhaven; ECJ 27-Sep-2001 - C-253/99; [2001] EUECJ C-253/99; ECLI:EU:C:2001:490; [2002] CEC 72; [2001] ECR I-6493,
 
Kondova C-235/99; [2001] EUECJ C-235/99; C-235/99
27 Sep 2001
ECJ

European

[ Bailii ]
 
Kondova (Rec.2001,p.I-6427) (Judgment) C-235/99
27 Sep 2001
ECJ

European


 
EIB v Hautem C-449/99; [2001] EUECJ C-449/99P; C-449/99; [2001] EUECJ C-449/99
2 Oct 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
SIVU du plan d'eau de la Vallee du Lot v Commission C-172/97; C-172/97; [1999] EUECJ C-172/97; [2001] EUECJ C-172/97
2 Oct 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Martinez and others v Parliament T-222/99; [2001] EUECJ T-222/99; T-222/99
2 Oct 2001
ECFI

European

[ Bailii ]
 
Martinez And De Gaulle v Parliament (Law Governing The Institutions) T-327/99; [2001] EUECJ T-327/99
2 Oct 2001
ECJ

European

[ Bailii ]
 
Martinez And De Gaulle v Parliament (Law Governing The Institutions) T-329/99; [2001] EUECJ T-329/99
2 Oct 2001
ECJ

European

[ Bailii ]
 
Martinez and others v Parliament (Rec.2001,p.II-2823) (Judgment) T-222/99
2 Oct 2001
ECFI

European


 
EIB v Hautem (Rec.2001,p.I-6733) (Judgment) C-449/99
2 Oct 2001
ECJ

European


 
Zapf Creation v OHMI (New Born Baby) (Rec.2001,p.II-2927) (Judgment) T-140/00
3 Oct 2001
ECFI

European


 
Zapf Creation v OHMI (New Born Baby) T-140/00; [2001] EUECJ T-140/00
3 Oct 2001
ECFI

European
(Opinion) "It is an essential characteristic of many toys, and of all those classed as dolls, that they represent something. The characteristics of a toy motorcycle differ from those of a toy giraffe, and are certain to be perceived immediately by potential purchasers as defining the nature of the toy (and as relevant to their purchasing choice). In trade, the terms ‘motorcycle’ and ‘giraffe’ (or ‘racing motorcycle’, ‘baby giraffe’ etc. ) are important to both buyer and seller in identifying the class or subclass of toy in question. It would surely not be compatible with Article 7(1)(c) to register ‘Giraffe’ or ‘Motorcycle’ for the relevant class of toy. The situation is the same for a child’s doll representing a new-born baby, a princess, a soldier or any other kind of person.”
1 Citers

[ Bailii ]
 
Stichtung 'Goed Wonen' and others v Staatssecretaris van Financien C-326/99; [2001] ECR I-6831; [2001] EUECJ C-326/99
4 Oct 2001
ECJ

European, VAT, Landlord and Tenant
A letting for the purpose of the VAT directive was essentially 'the conferring by a landlord on a tenant for an agreed period and in return for payment of the right to occupy property as if that person were the owner and to exclude any other person from the property as if that person were the owner and to exclude any other person from enjoyment of such a right'
1 Citers

[ Bailii ]
 
Commission v Luxembourg C-450/00; [2001] EUECJ C-450/00; C-450/00
4 Oct 2001
ECJ

European

[ Bailii ]
 
Tele Danmark C-109/00; [2001] EUECJ C-109/00; C-109/00
4 Oct 2001
ECJ

European

[ Bailii ]
 
Athinaïki Zythopoiia (Rec.2001,p.I-6797) (Judgment) C-294/99
4 Oct 2001
ECJ

European


 
Merz and Krell GmbH and Co C-517/99; [2001] EUECJ C-517/99
4 Oct 2001
ECJ

European, Intellectual Property
ECJ Trade marks - Approximation of laws - Article 3(1)(d) of First Directive 89/104/EEC - Grounds for refusal or invalidity - Trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade - Need for signs or indications to have become customary to designate the goods or services in respect of which registration of the mark is sought - No need for the signs or indications to be directly descriptive of the properties or characteristics of the goods or services in respect of which registration of the mark is sought.
[ Bailii ]
 
Tele Danmark (Rec.2001,p.I-6993) (Judgment) C-109/00
4 Oct 2001
ECJ

European


 
Italy v Commission C-403/99; [2001] EUECJ C-403/99; C-403/99
4 Oct 2001
ECJ

European

[ Bailii ]
 
Athinaïki Zythopoiia C-294/99; [2001] EUECJ C-294/99; C-294/99
4 Oct 2001
ECJ

European

[ Bailii ]
 
'Goed Wonen' (Rec.2001,p.I-6831) (Judgment) C-326/99
4 Oct 2001
ECJ

European


 
Jimenez Melgar C-438/99; [2001] EUECJ C-438/99; C-438/99
4 Oct 2001
ECJ

European

[ Bailii ]
 
Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes EAT/293/00; [2001] IRLR 788; [2001] UKEAT 293_00_0510
5 Oct 2001
EAT
The Honourable Mr Justice Hooper
Employment, European
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved dispute at the time about whether continuity of employment was maintained. The EAT noted the statutory presumption in favour of continuity. The organisation was a labour intensive one. The Tribunal had been right to ask first what it was had been transferred, and then when. The tribunal was correct in allowing a wide interpretation of the meaning of 'undertaking' under the regulations. The employees had resigned before taking up employment, and so were not employed immediately before the transfer. The appeal was allowed.
EAT Transfer of Undertakings - Transfer
EAT European Material - Acquired Rights Directive
Employment Rights Act 1996 218 - Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) - Acquired Rights Directive 75/129/EEC
1 Cites

1 Citers

[ Bailii ] - [ EATn ]
 
Stauner and others v Parliament and Commission T-236/00
8 Oct 2001
ECFI

European


 
Flemmer C-80/99; [2001] EUECJ C-80/99; C-80/99
9 Oct 2001
ECJ

European

[ Bailii ]
 
Netherlands v Parliament and Council (Rec.2001,p.I-7079) (Judgment) C-377/98
9 Oct 2001
ECJ

European


 
Menauer (Rec.2001,p.I-7275) (Judgment) C-379/99
9 Oct 2001
ECJ

European


 
Italy v Commission C-400/99; [2001] EUECJ C-400/99; C-400/99; [2005] EUECJ C-400/99
9 Oct 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Commissioners of Customs and Excise v Cantor Fitzgerald International C-108/99
9 Oct 2001
ECJ

European, VAT
Europa Sixth VAT Directive - Exemption for the leasing or letting of immovable property - Meaning - Supply of services - Third party taking over a lease for consideration.

 
Netherlands v Parliament and Council C-377/98; [2001] EUECJ C-377/98
9 Oct 2001
ECJ

European

[ Bailii ]
 
Flemmer C-82/99; [2001] EUECJ C-82/99
9 Oct 2001
ECJ

European, Agriculture
ECJ Non-contractual liability - Milk producers - Non-marketing undertaking - Exclusion from milk quota scheme - Compensation - Substitution - Flat-rate compensation by contract - Regulation (EEC) No 2187/93 - Relevant jurisdiction - Applicable law
Regulation (EEC) No 2187/93
[ Bailii ]
 
Flemmer and others (Rec.2001,p.I-7211) (Judgment) C-80/99
9 Oct 2001
ECJ

European


 
Flemmer (Agriculture) C-81/99; [2001] EUECJ C-81/99
9 Oct 2001
ECJ

European

[ Bailii ]
 
Pensionskasse fur die Angestellten C-379/99; [2001] EUECJ C-379/99; C-379/99
9 Oct 2001
ECJ

European

[ Bailii ]
 
Italy v Commission (Rec.2001,p.I-7303) (Judgment) C-400/99
9 Oct 2001
ECJ

European


 
Corus UK v Commission (Rec.2001,p.II-2967) (Judgment) T-171/99
10 Oct 2001
ECFI

European


 
Corus UK v Commission T-171/99; [2001] EUECJ T-171/99; T-171/99
10 Oct 2001
ECFI

European

[ Bailii ]
 
British American Tobacco International (Investments) v Commission T-111/00; [2001] EUECJ T-111/00
10 Oct 2001
ECFI

European

[ Bailii ]
 
Corus UK Ltd v Commission of the European Communities Times, 15 November 2001; Case T-171/99
10 Oct 2001
ECFI

European
Where the applicant had had to pay a fine to the commission, but the amount of the fine was later reduced by the court, the Commission was obliged to pay interest on the excess payment. An annulment of a judgment operated retroactively, and the obligation to re-instate the applicant's position included an obligation to pay interest necessary to achieve that effect.

 
Khalil C-95/99; [2001] EUECJ C-95/99; C-95/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Adam (epouse Urbing) C-267/99; [2001] EUECJ C-267/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Khalil and others (Rec.2001,p.I-7413) (Judgment) C-95/99
11 Oct 2001
ECJ

European


 
Commission v Oder-Plan Architektur and others C-77/99; [2001] EUECJ C-77/99; C-77/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Oder-Plan Architektur and others (Rec.2001,p.I-7355) (Judgment) C-77/99
11 Oct 2001
ECJ

European


 
Khalil (Social Security For Migrant Workers) C-96/99; [2001] EUECJ C-96/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Khalil (Social Security For Migrant Workers) C-98/99; [2001] EUECJ C-98/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Khalil (Social Security For Migrant Workers) C-180/99; [2001] EUECJ C-180/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Netherlands (Rec.2001,p.I-7567) (Judgment) C-254/00
11 Oct 2001
ECJ

European


 
Commission v Autriche (Rec.2001,p.I-7555) (Judgment) C-111/00
11 Oct 2001
ECJ

European


 
Commission v Autriche (Rec.2001,p.I-7545) (Judgment) C-110/00
11 Oct 2001
ECJ

European


 
William Hinton and Sons C-30/00
11 Oct 2001
ECJ

European


 
Commission v Greece (Rec.2001,p.I-7499) (Judgment) C-457/99
11 Oct 2001
ECJ

European


 
Khalil (Social Security For Migrant Workers) C-97/99; [2001] EUECJ C-97/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Autriche C-111/00; [2001] EUECJ C-111/00; C-111/00
11 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Netherlands C-254/00 C-254/00; [2001] EUECJ C-254/00
11 Oct 2001
ECJ

European, Media
ECJ Failure by a Member State to fulfil obligations - Failure to implement Directive 95/47/EC within the prescribed period - Use of standards for the transmission of television signals.
[ Bailii ]
 
Commission v Autriche C-110/00; [2001] EUECJ C-110/00; C-110/00
11 Oct 2001
ECJ

European

[ Bailii ]
 
Adam (Rec.2001,p.I-7467) (Judgment) C-267/99
11 Oct 2001
ECJ

European


 
William Hinton and Sons C-30/00; C-30/00
11 Oct 2001
ECJ

European


 
Commission v Greece C-457/99; [2001] EUECJ C-457/99; C-457/99
11 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Portugal (Rec.2001,p.I-7605) (Judgment) C-429/99
16 Oct 2001
ECJ

European


 
Stallone (Rec.2001,p.I-7625) (Judgment) C-212/00
16 Oct 2001
ECJ

European


 
Commission v Greece C-396/99; [2001] EUECJ C-396/99; C-396/99
16 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Greece (Competition) C-397/99; [2001] EUECJ C-397/99
16 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Greece (Rec.2001,p.I-7577) (Judgment) C-396/99
16 Oct 2001
ECJ

European


 
Commission v Portugal C-429/99; [2001] EUECJ C-429/99
16 Oct 2001
ECJ

European

[ Bailii ]
 
BT3G Limited and Others v The Secretary of State for Trade and Industry Gazette, 15 November 2001; [2001] EWCA Civ 1448
17 Oct 2001
CA
Lord Phillips MR, Lord Justice HenryContract, European, Commercial
Several companies put in bids for communications licences. The auction terms required some companies to disassociate themselves from each other. The successful companies who met this requirement were required to begin payments immediately, but others were allowed to commence payments on compliance with the preconditions. The claimant sought judicial review of the decisions, as providing state aid. It was held that such fortuitous consequences of a contract could not be described as state aid, and indeed as an auction or trade sale by competitive tender, it was outside the rules against state aid.
ECTreaty Art 87(1)
[ Bailii ]
 
Kish Glass v Commission (Rec.2001,p.I-7759) (Order) C-241/00
18 Oct 2001
ECJ

European


 
Commission v Ireland C-354/99; [2001] EUECJ C-354/99; C-354/99
18 Oct 2001
ECJ

European

[ Bailii ]
 
X v BCE T-333/99; [2001] EUECJ T-333/99
18 Oct 2001
ECFI

European

[ Bailii ]
 
Aristoteleio Panepistimio Thessalonikis v Commission T-196/01; [2003] EUECJ T-196/01
18 Oct 2001
ECFI

European

[ Bailii ]
 
Gharehveran C-441/99; [2001] EUECJ C-441/99; C-441/99
18 Oct 2001
ECJ

European

[ Bailii ]
 
Gharehveran (Rec.2001,p.I-7687) (Judgment) C-441/99
18 Oct 2001
ECJ

European


 
Commission v Ireland (Rec.2001,p.I-7657) (Judgment) C-354/99
18 Oct 2001
ECJ

European


 
Kish Glass v Commission C-241/00
18 Oct 2001
ECJ

European


 
X v BCE (Rec.2001,p.II-3021,IA-199,II-921) (Judgment) T-333/99
18 Oct 2001
ECFI

European


 
Entorn v Commission T-141/01; [2001] EUECJ T-141/01; [2005] EUECJ T-141/01
22 Oct 2001
ECFI

European

[ Bailii ] - [ Bailii ]
 
Dieckmann and Hansen v Commission (Rec.2001,p.II-3143) (Judgment) T-155/99
23 Oct 2001
ECFI

European


 
Dieckmann and Hansen v Commission T-155/99; [2001] EUECJ T-155/99; T-155/99
23 Oct 2001
ECFI

European

[ Bailii ]
 
Tridon (Rec.2001,p.I-7777) (Judgment) C-510/99
23 Oct 2001
ECJ

European


 
Finalarte (Freedom To Provide Services) C-69/98; [2001] EUECJ C-69/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
M6 v Commission T-354/00; [2001] EUECJ T-354/00
25 Oct 2001
ECFI

European

[ Bailii ]
 
Ruhr (Rec.2001,p.I-8225) (Judgment) C-189/00
25 Oct 2001
ECJ

European


 
Commission v Germany C-493/99; [2001] EUECJ C-493/99; C-493/99
25 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-8195) (Judgment) C-78/00
25 Oct 2001
ECJ

European


 
Finalarte (Freedom To Provide Services) C-71/98; [2001] EUECJ C-71/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Finalarte (Freedom To Provide Services) C-70/98; [2001] EUECJ C-70/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Finalarte (Freedom To Provide Services) C-52/98; [2001] EUECJ C-52/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Finalarte (Freedom To Provide Services) C-50/98; [2001] EUECJ C-50/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Ambulanz Glockner C-475/99; [2001] EUECJ C-475/99; C-475/99
25 Oct 2001
ECJ

European

[ Bailii ]
 
Commission v Germany (Rec.2001,p.I-8163) (Judgment) C-493/99
25 Oct 2001
ECJ

European


 
Finalarte (Freedom To Provide Services) C-68/98; [2001] EUECJ C-68/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Finalarte (Freedom To Provide Services) C-54/98; [2001] EUECJ C-54/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Finalarte (Freedom To Provide Services) C-53/98; [2001] EUECJ C-53/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
Ambulanz Glockner (Rec.2001,p.I-8089) (Judgment) C-475/99
25 Oct 2001
ECJ

European


 
Italy v Council (Rec.2001,p.I-7997) (Judgment) C-120/99
25 Oct 2001
ECJ

European


 
Commission v Greece (Rec.2001,p.I-7915) (Judgment) C-398/98
25 Oct 2001
ECJ

European


 
Germany v Commission C-276/99; [2001] EUECJ C-276/99; C-276/99
25 Oct 2001
ECJ

European

[ Bailii ]
 
Italy v Council C-120/99; [2001] EUECJ C-120/99; C-120/99
25 Oct 2001
ECJ

European

[ Bailii ]
 
M6 v Commission (Rec.2001,p.II-3177) (Order) T-354/00
25 Oct 2001
ECFI

European


 
Germany v Commission (Rec.2001,p.I-8055) (Judgment) C-276/99
25 Oct 2001
ECJ

European


 
Toshiba Europe C-112/99; [2001] EUECJ C-112/99; C-112/99
25 Oct 2001
ECJ

European

[ Bailii ]
 
Toshiba Europe (Rec.2001,p.I-7945) (Judgment) C-112/99
25 Oct 2001
ECJ

European


 
Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc C-49/98; [2001] EUECJ C-49/98; C-70/98; C-71/98; C-50/98; C-52/98; C-53/98; C-54/98; C-68/98; C-69/98; [2001] ECR I-7831; [2003] 2 CMLR 11
25 Oct 2001
ECJ

European, Employment
ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid leave for posted workers on a business in the construction industry established in another Member State which provides services in the first Member State by posting workers for that purpose, on the two-fold condition that: (i) the workers do not enjoy an essentially similar level of protection under the law of the Member State where their employer is established, so that the application of the national rules of the first Member State confers a genuine benefit on the workers concerned, which significantly adds to their social protection, and (ii) the application of those rules by the first Member State is proportionate to the public interest objective pursued.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude the extension of the rules of a Member State which provide for a longer period of paid leave than that provided for by Directive 93/104, concerning certain aspects of the organisation of working time, necessary for the social protection of construction workers to workers posted to that Member State by providers of services in the construction sector established in other Member States during the period of the posting.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude national rules from allowing businesses established in the host Member State to claim reimbursement of expenditure on holiday pay and holiday allowances from the paid leave fund, whereas it does not provide for such a claim in the case of businesses established in other Member States, but instead provides for a direct claim by the by the posted workers against the fund, in so far as a difference in their treatment is justified by objective differences between businesses in the construction sector established in the host Member State and those established in other Member States as regards the effective implementation of the obligation to give holiday pay to workers.
The obligation, imposed by national rules designed to provide effective protection of workers in the construction industry, in particular as regards their entitlement to paid leave, on undertakings established in another Member State which post workers to work in the national territory, to disclose more information to the paid leave fund than employers established in the host Member State constitutes a restriction on the freedom to provide services within the meaning of Article 59 of the Treaty (now, after amendment, Article 49 EC).
Such a restriction may be justified only if it is necessary in order to safeguard, effectively and by appropriate means, the overriding public interest of the social protection of workers.
It is for the national court to determine, having regard to the principle of proportionality, the type of information that the authorities of the Member State concerned may reasonably require of providers of services established in another Member State. For this purpose, the national court should consider whether the objective differences between the position of businesses established in the national territory and that of businesses established in other Member States objectively require the additional information required of the latter.
Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) preclude the application of a Member State's scheme for paid leave to all businesses established in other Member States providing services to the construction industry in the first Member State where businesses established in the first Member State, only part of whose activities are carried out in that industry, are not all subject to that scheme in respect of their workers engaged in that industry.
1 Citers

[ Bailii ]
 
Commission v Greece C-398/98; [2001] EUECJ C-398/98; C-398/98
25 Oct 2001
ECJ

European

[ Bailii ]
 
IMS Health v Commission T-184/01
26 Oct 2001
ECFI

European


 
Hardie Polymers Ltd v Polymerland Ltd [2001] ScotCS 243
31 Oct 2001
SCS
Lord Macfadyen
Scotland, European, Agency, Damages, Commercial

1 Cites

[ ScotC ] - [ Bailii ]
 
Adria-Wien Pipeline and Wietersdorfer and Peggauer C-143/99; [2001] EUECJ C-143/99; C-143/99
8 Nov 2001
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-8305) (Judgment) C-127/99
8 Nov 2001
ECJ

European


 
Kish Glass v Commission T-65/96
8 Nov 2001
ECFI

European


 
Commission v Netherlands (Rec.2001,p.I-8265) (Judgment) C-338/98
8 Nov 2001
ECJ

European


 
Adria-Wien Pipeline and Wietersdorfer and Peggauer Zementwerke (Rec.2001,p.I-8365) (Judgment) C-143/99
8 Nov 2001
ECJ

European


 
Silos (Rec.2001,p.I-8401) (Judgment) C-228/99
8 Nov 2001
ECJ

European


 
Silos e Mangimi Martini C-228/99; [2001] EUECJ C-228/99
8 Nov 2001
ECJ

European

[ Bailii ]
 
Commission v Netherlands C-338/98; [2001] EUECJ C-338/98
8 Nov 2001
ECJ

European, VAT
ECJ Failure of a Member State to fulfil its obligations - Articles 17(2)(a) and 18(1)(a) of the Sixth VAT Directive - National legislation allowing an employer to deduct, as input tax, a certain percentage of an allowance paid to an employee for business use of a private vehicle.
[ Bailii ]
 
Commissioners of Customs and Excise v Eastwood Care Homes (Ilkeston) Ltd and Others [2001] EWHC Ch 456
8 Nov 2001
ChD
Justice Lloyd
VAT, European
The Commissioners appealed an order reinstating the registration of the respondents for VAT. The respondents made largely exempt supplies. They were members of a group of companies, each trading similarly. They had sought an alteration from group registration to individual registrations. Such registrations were voluntary because their vatable turnover would be below the limits. The Directive recognised the difficulties created by smaller companies, and allowed national schemes to deal with this. Nevertheless there was no obligation to make such arrangements, and the companies could not complain of the lack of such arrangements. The cancellations of registrations stood.
Sixth VAT Directive 77/388/EEC Art 24 - Value Added Tax Act 1994 Schedule 1 paragraph 9
[ Bailii ]
 
Courage Ltd v Crehan [2001] EWCA Civ 1930
12 Nov 2001
CA

European, Commercial

1 Cites

1 Citers

[ Bailii ]
 
Commission v United Kingdom (Rec.2001,p.I-8535) (Judgment) C-427/00
13 Nov 2001
ECJ

European


 
F v Court of Auditors T-138/01; [2003] EUECJ T-138/01; [2001] EUECJ T-138/01R; [2001] EUECJ T-138/01
13 Nov 2001
ECFI

European

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
France v Commission C-277/98; [2001] EUECJ C-277/98
13 Nov 2001
ECJ
N. Colneric
European
ECJ EAGGF - Clearance of accounts - 1994 - Supplementary levy on milk - Disputes between those liable to the levy and the competent national authorities - Proceedings before national courts - Negative corrections applied to Member States for supplementary levies not yet recovered
[ Bailii ]
 
Gingi v The Secretary of State for Work and Pensions [2001] EWCA Civ 1685; [2002] 1 CMLR 20; [2002] Eu LR 37
14 Nov 2001
CA
Arden LJ
Benefits, European
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: "It is legitimate for the national court, in relation to a particular enactment of the national law, to give it a meaning in cases covered by the Community law which is inconsistent with the meaning it has in cases not covered by the Community law. While it is at first sight odd that the same words should have a different meaning in different cases, we are dealing with a situation which is odd in juristic terms."
Income Support (General) Regulations 1987
1 Cites

1 Citers

[ Bailii ]
 
Gingi v Secretary of State for Work and Pensions [2001] UKSSCSC CIS_5647_1999
14 Nov 2001
SSCS

Benefits, European

1 Citers

[ Bailii ]
 
Commission v Italy C-49/00 [2001] EUECJ C-49/00
15 Nov 2001
ECJ

European

[ Bailii ]
 
Lebedef v Commission T-349/00; [2001] EUECJ T-349/00
15 Nov 2001
ECFI

European

[ Bailii ]
 
Duales System Deutschland v Commission T-151/01; [2007] EUECJ T-151/01; [2001] EUECJ T-151/01
15 Nov 2001
ECFI

European

[ Bailii ] - [ Bailii ]
 
Van Huffel v Commission T-142/00; [2001] EUECJ T-142/00
15 Nov 2001
ECFI

European

[ Bailii ]
 
Sebastiani v Commission T-194/99; [2001] EUECJ T-194/99; T-194/99
15 Nov 2001
ECFI

European

[ Bailii ]
 
Duales System Deutschland v Commission (Rec.2001,p.II-3295) (Order) T-151/01
15 Nov 2001
ECFI

European


 
Lebedef v Commission (Rec.2001,p.FP-IA-225,II-1031) (Judgment) T-349/00
15 Nov 2001
ECFI

European


 
Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2001] EWHC Admin 914
15 Nov 2001
Admn
Mr Justice Collins
Environment, European
BNFL sought permission to operate a plant manufacturing MOX fuel from nuclear waste. The applicants sought judicial review of the respondent's permission. The Act provided no way of challenging a plant before its construction. When permission was sought, it was on the basis that the construction costs, of £300 million, having already been incurred no longer formed part of the economic equation against which it was to be assessed. There was no formal requirement for such an assessment but case law suggested it was required to test the economic benefit of the development. The claimants argued that the assessment should include the capital costs. The assessment should not be arbitrarily affected by the time at which it was carried out. The Minister argued that the law gave him a wide discretion as to how it should be assessed. Held: Although the discretion was not as wide as had been argued, the Secretary of State had adopted a classic economic approach to sunk costs. That was within his discretion. Review refused.
Radioactive Substances Act 1993 - Euratom Treaty Directive 80/836 Articles 6(a) and 13 - Directive 96/29
[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-8575) (Judgment) C-49/00
15 Nov 2001
ECJ

European


 
Sebastiani v Commission (Rec.2001,p.FP-IA-215,II-991) (Judgment) T-194/99
15 Nov 2001
ECFI

European


 
Signal Communications v OHMI (TELEYE) (Rec.2001,p.II-3273) (Judgment) T-128/99
15 Nov 2001
ECFI

European


 
Van Huffel v Commission (Rec.2001,p.FP-IA-219,II-1011) (Judgment) T-142/00
15 Nov 2001
ECFI

European


 
Zino Davidoff SA v A and G Imports Ltd etc Times, 23 November 2001; C-416/99; C-414/99; C-415/99; [2002] 1 CMLR 1; [2001] EUECJ C-414/99; [2001] EUECJ C-415/99; [2001] EUECJ C-416/99; [2002] RPC 20; [2001] ECR I-8691; [2002] 2 WLR 321; [2002] CEC 154; [2002] All ER (EC) 55; [2002] Ch 109; [2002] ETMR 9
20 Nov 2001
ECJ
Rodriguez Iglesias, P and Judges P. Jann, N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, A. La Pergola, J.-P. Puissochet, L. Sevon, V. Skouris and C. W. A. Timmermans Advocate General C. Stix-Hackl
Intellectual Property, European, Commercial
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system. Held: Silence alone was insufficient to constitute implied consent for the resale within the EEA of goods otherwise than in accordance with a licence from the Trade Mark owner in cases where he sought to establish a scheme of distributing only to licensed distributors and sales outlets. A consent might be implied in other circumstances. Exhaustion of rights did not take place by marketing the goods outside the EEA. Explicit consent was necessary for any exhaustion of rights, and it was for the trader alleging consent to prove it. Articles 5 to 7 of the directive embody a 'complete harmonisation' of the rules relating to the rights conferred by a trade mark, define the rights of trade mark proprietors in the Community.
Europa Trade marks - Directive 89/104/EEC - Article 7(1) - Exhaustion of the rights conferred by a trade mark - Goods placed on the market outside the EEA -Imported into the EEA - Consent of the trade mark proprietor - Whether consent required to be express or implied - Law governing the contract -Presumption of consent - Non-applicability.
(1) Articles 5 and 7TMD embodied a complete harmonisation of the rules relating to the rights conferred by a mark and the limitation on the rule of European Union exhaustion; (2) the mere fact that the proprietor of a trade mark has consented to the first marketing of goods using his mark outside the EEA does not mean that he has consented to the marketing of those goods in the EEA., and (3) the proprietor of a mark does not have to ensure that those goods bear a warning that they may not be placed on the market within the EEA. Therefore, the proprietor of a trade mark has the right to control whether or not goods using his mark are first marketed in the EEA.
Directive 89/104 5 6 7
1 Cites

1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Jany v Staatssecretaris van Justitie C-268/99; [2001] EUECJ C-268/99
20 Nov 2001
ECJ

European, Employment
The activities of a prostitute are typically those of a self-employed person, and the rules about freedom of establishment applied. Activity was pursued by a self-employed person if it was (I) outside any relationship of subordination concerning the choice of the activity or conditions of work and remuneration, (ii) under that person’s own responsibility, and (iii) in return for remuneration paid to that person directly and in full. Because the provider satisfied the beneficiary for consideration without producing or transferring material goods, it was a provision of services for remuneration within "economic activities as self-employed persons" in the Association Agreements and "activities as self-employed persons" in article 52 of the Treaty, which meant the same.
EC Treaty 177 (now article 234 EC)
[ Bailii ]
 
Nederlandse Antillen v Council (Rec.2001,p.I-8973) (Judgment) C-452/98
22 Nov 2001
ECJ

European


 
Italy v Commission (Rec.2001,p.I-8999) (Judgment) C-147/99
22 Nov 2001
ECJ

European


 
Antillean Rice Mills v Council (Rec.2001,p.I-8949) (Judgment) C-451/98
22 Nov 2001
ECJ

European


 
Cape (Environment And Consumers) C-542/99; [2001] EUECJ C-542/99
22 Nov 2001
ECJ

European

[ Bailii ]
 
Michel (Rec.2001,p.I-9141) (Order) C-80/01
22 Nov 2001
ECJ

European


 
Michel C-80/01
22 Nov 2001
ECJ

European


 
Sean Sweeney, Graham Edward Camps v Macmillan Publishers Limited, Danis Rose [2001] EWHC Ch 460
22 Nov 2001
ChD
Mr Justice Lloyd
Intellectual Property, Media, European
The claimants were trustees of the estate of James Joyce, and complained at the publication of unpublished parts of the work Ulysses in a readers edition by the defendants. Published works are protected for fifty years after the author's death, but unpublished works received protection for fifty years after the work was created. A European Directive had extended the protection to 70 years. Held: The work was complex, with many amendments and an unsettled form. The defendant had done much preparatory work before publication, and that work had begun before the copyright was revived by the new regulations. Had he acquired his own copyright so that the original Joycean copyright was not revived by the new regulations. The claimants suggested that it was absurd to make a substantial distinction between the work as published by Joyce, and the unpublished texts from which that work was gathered. The regulations protected works where arrangements for publication had been made before the regulations came into effect. The term 'arrangements for publication' should be construed not too widely, and the defendant's editorial activities were not sufficient to give him protection. The defendants sought a compulsory licence under regulation 24. In this case they had given sufficient notice to be entitled to a licence. The claimants sought damages for passing off, claiming that the work was so different from Joyce's own as to be misleading. The claim was unusual but failed.
Directive, 93/98/EEC - Duration of Copyright and Rights in Performances Regulations 1995 (SI 1995/3297) 24
1 Cites

[ Bailii ]
 
Office des produits wallons v Etat belge C-184/00; [2001] EUECJ C-184/00
22 Nov 2001
ECJ

European

[ Bailii ]
 
Ferring C-53/00; [2001] EUECJ C-53/00
22 Nov 2001
ECJ

European

[ Bailii ]
 
Cape SNC C-541/99; [2001] EUECJ C-541/99
22 Nov 2001
ECJ

European

[ Bailii ]
 
Italy v Commission C-147/99; [2001] EUECJ C-147/99
22 Nov 2001
ECJ

European

[ Bailii ]
 
Nederlandse Antillen v Council C-452/98; [2001] EUECJ C-452/98
22 Nov 2001
ECJ

European

[ Bailii ]
 
Mitteldeutsche Erdol-Raffinerie v Commission (Rec.2001,p.II-3367) (Judgment) T-9/98
22 Nov 2001
ECFI

European


 
Office des produits wallons (Rec.2001,p.I-9115) (Judgment) C-184/00
22 Nov 2001
ECJ

European


 
Antillean Rice Mills v Council C-451/98; [2001] EUECJ C-451/98
22 Nov 2001
ECJ

European

[ Bailii ]
 
Ferring (Rec.2001,p.I-9067) (Judgment) C-53/00
22 Nov 2001
ECJ

European


 
Mitteldeutsche Erdol-Raffinerie v Commission T-9/98; [2001] EUECJ T-9/98
22 Nov 2001
ECFI

European

[ Bailii ]
 
Netherlands v Council C-301/97; [2001] EUECJ C-301/97
22 Nov 2001
ECJ

European
ECJ Arrangements for association of overseas countries and territories - Imports of rice originating in the overseas countries and territories - Safeguard measures - Regulation (EC) No 1036/97 - Action for annulment
Regulation (EC) No 1036/97
[ Bailii ]
 
AAMS v Commission T-139/98; [2001] EUECJ T-139/98; T-139/98
22 Nov 2001
ECFI

European

[ Bailii ]
 
Cape and Idealservice MN RE (Rec.2001,p.I-9049) (Judgment) C-541/99
22 Nov 2001
ECJ

European


 
Netherlands v Council Times, 10 December 2001; C-110/97; [1997] EUECJ C-110/97R
22 Nov 2001
ECJ

European, VAT
An employer who was a taxable person for the purposes of VAT could deduct part of an allowance paid to an employee for business use of a private car. By the wording of the provisions of Directive, employees were not, as required by article 17(2)(a) which laid down the right of deduction, taxable persons supplying goods or services the VAT on which was deductible in the hands of the recipient taxable person, nor did they supply their vehicles or the fuel to the employer
Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the member states relating to turnover taxes: common system of value-added tax: uniform basis of assessment (OJ 1977 L145, p1)
[ Bailii ]
 
AAMS v Commission (Rec.2001,p.II-3413) (Judgment) T-139/98
22 Nov 2001
ECFI

European


 
Diane Barker v London Borough of Bromley [2001] EWHC Admin 1038; [2000] Env LR 1
23 Nov 2001
QBD
Lord Justice Brooke Lord Justice Latham And Mr Justice Burton
Administrative, Planning, European
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment? Held: The Directive was to be interpreted so as to give it a wide scope. The reserved matters would affect the appearance of the site. The 1988 Regulations would not require an assessment for approval of reserved matters. Nevertheless the Directive did not require assessments at each stage of a permission. There is no lacuna in the Regulations.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 - Directive 85/57/EEC
1 Cites

1 Citers

[ Bailii ]
 
Impresa Lombardini C-285/99; [2001] EUECJ C-285/99
27 Nov 2001
ECJ

European

[ Bailii ]
 
Italy v Commission C-146/99; [2001] EUECJ C-146/99
27 Nov 2001
ECJ

European

[ Bailii ]
 
Portugal v Commission (Rec.2001,p.I-9183) (Order) C-208/99
27 Nov 2001
ECJ

European


 
Italy v Commission (Rec.2001,p.I-9157) (Judgment) C-146/99
27 Nov 2001
ECJ

European


 
Impresa Lombardini (Rec.2001,p.I-9233) (Judgment) C-285/99
27 Nov 2001
ECJ

European


 
Wohr v Commission (Rec.2001,p.II-3463) (Order) T-222/00
27 Nov 2001
ECFI

European


 
Portugal v Commission C-208/99
27 Nov 2001
ECJ

European


 
Z v Parliament C-270/99; [2001] EUECJ C-270/99P; [2001] EUECJ C-270/99
27 Nov 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Wohr v Commission T-222/00; [2001] EUECJ T-222/00
27 Nov 2001
ECFI

European

[ Bailii ]
 
Commission v Autriche (Rec.2001,p.I-9285) (Judgment) C-424/99
27 Nov 2001
ECJ

European


 
Commission v Autriche C-424/99; [2001] EUECJ C-424/99
27 Nov 2001
ECJ

European

[ Bailii ]
 
Impresa Lombardini (Law Relating To Undertakings) C-286/99; [2001] EUECJ C-286/99
27 Nov 2001
ECJ

European

[ Bailii ]
 
Griesmar (Rec.2001,p.I-9383) (Judgment) C-366/99
29 Nov 2001
ECJ

European


 
De Coster (Rec.2001,p.I-9445) (Judgment) C-17/00
29 Nov 2001
ECJ

European


 
Conte (Rec.2001,p.I-9359) (Judgment) C-221/99
29 Nov 2001
ECJ

European


 
Conte C-221/99; [2001] EUECJ C-221/99
29 Nov 2001
ECJ

European

[ Bailii ]

 
 De Coster v College des bourgmestre et echevins de Watermael-Boitsfort; ECJ 29-Nov-2001 - C-17/00; [2001] EUECJ C-17/00; [2002] All ER (EC) 154; [2001] ECR I-944; [2001] ECR I-9445; ECLI:EU:C:2001:651; [2002] 1 CMLR 12
 
Commission v Italy C-202/99 [2001] EUECJ C-202/99
29 Nov 2001
ECJ

European

[ Bailii ]
 
Griesmar C-366/99; [2001] EUECJ C-366/99
29 Nov 2001
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-9319) (Judgment) C-202/99
29 Nov 2001
ECJ

European



 
 Vestergaard; ECJ 3-Dec-2001 - C-59/00
 
Lopez Madruga v Commission (Rec.2001,p.FP-IA-229,II-1045) (Judgment) T-125/00
4 Dec 2001
ECFI

European


 
Lopez Madruga v Commission T-125/00; [2001] EUECJ T-125/00
4 Dec 2001
ECFI

European

[ Bailii ]
 
Quark Fishing Ltd., Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs [2001] EWHC Admin 1174
5 Dec 2001
Admn

European, Human Rights, Constitutional

[ Bailii ]

 
 International Transport Roth GmbH and Others v Secretary of State for the Home Department; QBD 5-Dec-2001 - Times, 11 December 2001; Gazette, 10 January 2002
 
Commerzbank v Commission T-219/01; [2001] EUECJ T-219/01
5 Dec 2001
ECFI

European
ECFI In principle, the issue of the admissibility of the main application must not be examined in proceedings relating to an application for interim measures so as not to prejudge the substance of that case. Where, however, it is contended that the main application from which the application for interim measures is derived is manifestly inadmissible, it may prove necessary to establish the existence of certain factors which would justify the prima facie conclusion that the main application is admissible.
In the absence of serious evidence enabling the Court to consider that the main application is admissible, an application for interim measures seeking, first, suspension of the operation of a Commission decision refusing the applicant access to certain documents relating to the abandonment of a proceeding in application of Article 81 EC against other undertakings and, second, suspension of the proceeding against itself, must be declared inadmissible.
As to the first head of the application, a decision refusing the applicant access to certain documents relating to the abandonment of a proceeding against other undertakings, is not capable of producing legal effects of such a nature as to affect the applicant's interests immediately, before any decision finding an infringement of Article 81(1) EC and possibly imposing a penalty on it is adopted.
As to the second head of the application, the judge hearing an application for interim relief cannot in principle accede to a request for interim measures seeking to prevent the Commission from exercising its powers of investigation after the opening of an administrative procedure and even before it has adopted the definitive acts whose operation is sought to be avoided. If such measures were adopted, the judge hearing the interim application would not be reviewing the activity of the defendant institution but assuming the role of that institution in the exercise of purely administrative powers. Consequently, the applicant is not entitled to request under Articles 242 EC and 243 EC that the defendant institution be prohibited, even provisionally, from exercising its powers in the course of an administrative procedure. Such an entitlement could only be recognised if the application were to present evidence from which the judge hearing the interim application could find that there were exceptional circumstances justifying the adoption of the measures requested.
[ Bailii ]
 
Reisebank v Commission T-216/01; [2001] EUECJ T-216/01
5 Dec 2001
ECFI

European

[ Bailii ]
 
Council v Hautala (Rec.2001,p.I-9565) (Judgment) C-353/99
6 Dec 2001
ECJ

European


 
Greece v Commission C-373/99; [2001] EUECJ C-373/99
6 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v France C-146/00; [2001] EUECJ C-146/00
6 Dec 2001
ECJ

European

[ Bailii ]
 
Area Cova and others v Commission and Council (Rec.2001,p.II-3597) (Judgment) T-196/99
6 Dec 2001
ECFI

European


 
Clean Car Autoservice C-472/99; [2001] EUECJ C-472/99
6 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v France (Rec.2001,p.I-9767) (Judgment) C-146/00
6 Dec 2001
ECJ

European


 
Commission v Greece C-166/00; [2001] EUECJ C-166/00
6 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v Greece (Rec.2001,p.I-9835) (Judgment) C-166/00
6 Dec 2001
ECJ

European


 
Council v Hautala and others C-353/99; [2002] 1 WLR 1930; [2001] EUECJ C-353/99P; [2001] EUECJ C-353/99
6 Dec 2001
ECJ

European
Europa The aim pursued by Decision 93/731 on public access to Council documents, as well as being to ensure the internal operation of the Council in conformity with the interests of good administration, is to provide the public with the widest possible access to documents held by the Council, so that any exception to that right of access must be interpreted and applied strictly.
The principle of proportionality requires that derogations remain within the limits of what is appropriate and necessary for achieving the aim in view. In the absence of any reason to show why an institution should be able to keep secret the items of information in a document which are not covered by the exceptions laid down in Article 4(1) of Decision 93/731, a refusal to grant partial access would be manifestly disproportionate for ensuring the confidentiality of the items of information covered by one of those exceptions. The aim pursued by the Council in refusing access to the contested report could be achieved even if the Council did no more than remove, after examination, the passages in the report which might harm international relations.
1 Citers

[ Bailii ] - [ Bailii ]
 
Emesa Sugar v Commission (Rec.2001,p.II-3577) (Judgment) T-44/98
6 Dec 2001
ECFI

European


 
Emesa Sugar v Council T-43/98
6 Dec 2001
ECFI

European


 
Commission v Italy C-148/00 [2001] EUECJ C-148/00
6 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v Italy (Rec.2001,p.I-9823) (Judgment) C-148/00
6 Dec 2001
ECJ

European


 
Carl Kuhne and others C-269/99; [2001] EUECJ C-269/99
6 Dec 2001
ECJ

European

[ Bailii ]
 
Cartagena Protocol On Biosafety, Re (Opinion 2/00) O-2/00; [2001] EUECJ O-2/00; [2001] EUECJ O-2/00
6 Dec 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Greece v Commission (Rec.2001,p.I-9619) (Judgment) C-373/99
6 Dec 2001
ECJ

European


 
Area Cova and others v Commission and Council T-196/99; [2001] EUECJ T-196/99
6 Dec 2001
ECFI

European

[ Bailii ]
 
Clean Car Autoservice (Rec.2001,p.I-9687) (Judgment) C-472/99
6 Dec 2001
ECJ

European


 
Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others Times, 25 February 2002; [2001] EWCA Civ 1847
7 Dec 2001
CA
Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson
Environment, European, Utilities
When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.
Council Directive 96/29/Euratom Art 6.1
[ Bailii ]
 
Lior v Commission (Rec.2001,p.II-3657) (Order) T-192/01
7 Dec 2001
ECFI

European


 
Lior v Commission T-192/01; [2001] EUECJ T-192/01
7 Dec 2001
ECFI

European

[ Bailii ]
 
Petrie and others v Commission (Rec.2001,p.II-3677) (Judgment) T-191/99
11 Dec 2001
ECFI

European


 
Commission v Italy (Rec.2001,p.I-9849) (Judgment) C-376/00
11 Dec 2001
ECJ

European


 
Kvitsjen v Commission T-46/00; [2001] EUECJ T-46/00
11 Dec 2001
ECFI

European

[ Bailii ]
 
Kvitsjen v Commission (Rec.2001,p.II-3713) (Judgment) T-46/00
11 Dec 2001
ECFI

European


 
Erpo Mobelwerk v OHMI (Rec.2001,p.II-3739) (Judgment) T-138/00
11 Dec 2001
ECFI

European


 
Erpo Mobelwerk v OHMI T-138/00; [2001] EUECJ T-138/00
11 Dec 2001
ECFI

European

[ Bailii ]
 
Stols v Council T-99/97; [2001] EUECJ T-99/97
11 Dec 2001
ECFI

European

[ Bailii ]
 
Cerafogli and others v BCE T-20/01
11 Dec 2001
ECFI

European


 
Petrie and others v Commission T-191/99; [2001] EUECJ T-191/99
11 Dec 2001
ECFI

European

[ Bailii ]
 
Parliament v Council C-93/00; [2001] EUECJ C-93/00
13 Dec 2001
ECJ

European

[ Bailii ]
 
DaimlerChrysler C-324/99; [2001] EUECJ C-324/99
13 Dec 2001
ECJ

European

[ Bailii ]
 
Nilsson C-131/00; [2001] EUECJ C-131/00
13 Dec 2001
ECJ

European

[ Bailii ]
 
Commission of the European Communities (supported by United Kingdom, intervener) v French Republic Times, 19 December 2001; Case C-1/00
13 Dec 2001
ECJ
CJ Rodriguez Iglesias, P and Judges P Jann, F Macken, N. Colneric, S. von Bahr, C. Gulmann, DAO Edward, A. La Pergola, J-P Puissochet, L Sevon, M Wathelet, R Schintgen and V Skouris Advocate General J Mischo
Agriculture, European, Commercial
Europe had banned the export of beef from England to prevent the sale of BSE infected meat. The ban was lifted under strict conditions set under Community veterinary advice. The French Republic retained their ban, and continued it despite instruction from the Commission to lift it, saying that their own national Food Safety Agency said there were still unresolved questions, regarding the traceability of certain product. Those concerns remained apposite as to some pre-packed products, but as to the rest the complaint was upheld.

 
Acerinox v Commission (Rec.2001,p.II-3859) (Judgment) T-48/98
13 Dec 2001
ECFI

European


 
Telefonica de Espana C-79/00; [2001] ECR I 10075; [2001] EUECJ C-79/00
13 Dec 2001
ECJ

European
Telefónica challenged Spanish legislation requiring it to offer interconnection at local and higher-level switching centres. It contended that that should only be a matter of agreement between operators. It was recorded that Telefónica had been notified as having significant market power. The provision it challenged did not fall within those matters identified in part 1 of Annex VII of the Interconnection Directive, which identifies those areas where a NRA may set ex ante conditions. Held: The absence of any reference in Part 1 did not preclude an NRA from laying down ex ante conditions provided they were referred to in Part 2 "When such authorisation appears necessary in order to facilitate the introduction of competition and further the interests of users."
1 Citers

[ Bailii ]
 
Kloosterboer Rotterdam C-317/99; [2001] EUECJ C-317/99
13 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v France C-1/00
13 Dec 2001
ECJ

European



 
 Heininger v Bayerische Hypo-und Vereinsbank AG; ECJ 13-Dec-2001 - [2004] CEC 202; C-481/99; [2001] ECR I-9945; [2001] EUECJ C-481/99; [2004] All ER (EC) 1; ECLI:EU:C:2001:684; [2003] 2 CMLR 42
 
Krupp Thyssen Stainless v Commission (Rec.2001,p.II-3757) (Judgment) T-45/98
13 Dec 2001
ECFI

European


 
Telefonica de Espana (Rec.2001,p.I-10075) (Judgment) C-79/00
13 Dec 2001
ECJ

European


 
DaimlerChrysler (Rec.2001,p.I-9897) (Judgment) C-324/99
13 Dec 2001
ECJ

European


 
Kloosterboer Rotterdam (Rec.2001,p.I-9863) (Judgment) C-317/99
13 Dec 2001
ECJ

European


 
Krupp Thyssen Stainless v Commission (Ecsc) T-47/98; [2001] EUECJ T-47/98
13 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v France (Rec.2001,p.I-9989) (Judgment) C-1/00
13 Dec 2001
ECJ

European


 
Acerinox v Commission T-48/98; [2001] EUECJ T-48/98
13 Dec 2001
ECFI

European

[ Bailii ]
 
Krupp Thyssen Stainless v Commission T-45/98; [2001] EUECJ T-45/98
13 Dec 2001
ECFI

European

[ Bailii ]
 
Mouflin C-206/00; [2001] EUECJ C-206/00
13 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v Luxembourg C-107/01; [2001] EUECJ C-107/01
13 Dec 2001
ECJ

European

[ Bailii ]
 
Cubero Vermurie v Commission (Rec.2001,p.I-10315) (Judgment) C-446/00
13 Dec 2001
ECJ

European


 
Parliament v Council (Rec.2001,p.I-10119) (Judgment) C-93/00
13 Dec 2001
ECJ

European


 
CBS Financial Services (Rec.2001,p.I-10237) (Judgment) C-235/00
13 Dec 2001
ECJ

European


 
Commission v Italy C-376/00 [2001] EUECJ C-376/00
13 Dec 2001
ECJ

European

[ Bailii ]
 
Nilsson (Rec.2001,p.I-10165) (Judgment) C-131/00
13 Dec 2001
ECJ

European


 
Commission v Ireland C-372/00; [2001] EUECJ C-372/00
13 Dec 2001
ECJ

European

[ Bailii ]
 
Commission v Cwik C-340/00; [2001] EUECJ C-340/00P; [2001] EUECJ C-340/00
13 Dec 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Mouflin (Rec.2001,p.I-10201) (Judgment) C-206/00
13 Dec 2001
ECJ

European


 
CSC Financial Services v Commissioners of Customs and Excise C-235/00; [2001] EUECJ C-235/00
13 Dec 2001
ECJ

European, VAT
Europa On a proper construction of Article 13B(d)(5) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes transactions in securities means transactions liable to create, alter or extinguish parties' rights and obligations in respect of securities; it does not mean the supply of a mere physical, technical or administrative service which does not alter the legal or financial situation. Negotiation in securities does not cover services, performed by a subcontractor to a party to a contract relating to a financial product, limited to providing information about the financial product and, as the case may be, receiving and processing applications for subscription to the relevant securities, without issuing them. It does, on the other hand, cover the separate service rendered to a party to such a contract by an intermediary consisting, amongst other things, in pointing out suitable opportunities for the conclusion of such a contract, making contact with another party or negotiating, in the name of and on behalf of a client, the detail of the payments to be made by either side.
1 Citers

[ Bailii ]
 
Cubero Vermurie v Commission C-446/00; [2001] EUECJ C-446/00P; [2001] EUECJ C-446/00
13 Dec 2001
ECJ

European

[ Bailii ] - [ Bailii ]
 
Commission v Ireland (Rec.2001,p.I-10303) (Judgment) C-372/00
13 Dec 2001
ECJ

European


 
Commission v Cwik (Rec.2001,p.I-10269) (Judgment) C-340/00
13 Dec 2001
ECJ

European


 
Commission v Euroalliages and others (Rec.2001,p.I-10367) (Order) C-404/01
14 Dec 2001
ECJ

European


 
Commission v Euroalliages and others C-404/01
14 Dec 2001
ECJ

European


 
Regina v Minister of Agriculture Fisheries and Food, ex parte S P Anastasiou (Pissouri) Ltd and Others (2) [2001] UKHL 71; [2002] Eu LR 55
17 Dec 2001
HL
Lord Slynn of Hadley Lord Steyn Lord Hope of Craighead
Agriculture, European
The claimants asserted that citrus fruit exported from Turkish Cyprus via Turkey, and certified in Turkey, should not be imported. Imports required phytosanitary certificates conforming to European standards. They asserted that the regulations required the goods to certified in their country of origin. The European court had said that certificates issued in third countries could be valid under appropriate circumstances, according to the matters certified. The question has not been settled as to the application of the certificate to the packaging in a third country and the question referred to the European Court.
Plant Health (Great Britain) Order 1993 (1993 No 1320) Schedule 4A2 (31.1) - Directive 77/93/EC 9(1)
1 Cites

[ House of Lords ] - [ Bailii ]
 
Government of Gibraltar v Commission of the European Communities T-195/01
19 Dec 2001
ECFI

European
Europa Proceedings for interim relief - State aid - Decision to initiate a formal investigation procedure - Admissibility - Prima facie case - Urgency - None - Balancing of interests.

 
UK Registered Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc [2001] EWHC 492 (Ch)
19 Dec 2001
ChD
Justice Jacob
Intellectual Property, European
The applicants sought revocation of the defendant's trade marks on the grounds that they had not been implemented after five years. It was sensible to go straight from the Directive, rather than the Act which implemented it. The onus was on the holder to demonstrate use. One claim was for medical use, but the product had not been licensed for such, and the registrar had deemed it unused. What amount and kind of use will suffice to prove that a mark has been put to genuine use within the meaning of the Article? Provided there is nothing artificial about a transaction under a mark, then it will amount to "genuine" use. There is no minimum. Remaining questions were to be referred to the European Court for interpretation of the Article.
Trade Marks Directive 89/104/EEC (1989 OJ No L40/5) Art 10 - Trade Marks Act 1994 46(1)
1 Citers

[ Bailii ]
 
Osterreichische Postsparkasse AG v Commission des Communautes europeennes (Rec.2001,p.II-3963) (Order) T-213/01
20 Dec 2001
ECFI

European


 
Bank fur Arbeit und Wirtschaft v Commission T-214/01; [2001] EUECJ T-214/01; [2006] EUECJ T-214/01; [2006] EUECJ T-214/01
20 Dec 2001
ECFI

European

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Osterreichische Postsparkasse AG v Commission des Communautes europeennes T-213/01; [2001] EUECJ T-213/01; [2006] EUECJ T-213/01; [2006] EUECJ T-213/01
20 Dec 2001
ECFI

European

[ Bailii ] - [ Bailii ] - [ Bailii ]