The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Held: The stay was lifted.
Judges:
Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales
Citations:
[2020] UKSC 5, [2020] Bus LR 659, [2020] 3 CMLR 11, [2020] 2 All ER 637, [2020] WLR(D) 115, [2020] 1 WLR 1033, [2020] 2 All ER (Comm) 1, UKSC 2018/0177
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary, SC Summary Video, SC 2019 Jun 18am Video, SC 2019 Jun 18 pm Video, SC 2019 Oct 7 am Video, SC 2019 Oct 7 pm Video, SC 2019 Oct 8 am Video, SC 2019 Oct 08 pm Video, SC 2019 Oct 9 am video, SC 2019 Oct 9 pm Video
Jurisdiction:
England and Wales
Citing:
At ComC – Micula and Others v Romania and Another ComC 20-Jan-2017
. .
At ComC (2) – Micula and Others v Romania ComC 15-Jun-2017
Claimant’s application for security or leave to appeal.
Held: Leave given. . .
Cited – Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
Cited – Spain v Commission C-415/96 ECJ 12-Nov-1998
ECJ (Judgment) State aid for undertakings in the textile sector – Consequences of an annulling judgment for acts preparatory to the act annulled . .
Cited – Masterfoods Ltd v HB Ice Cream Ltd ECJ 14-Dec-2000
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice . .
Cited – Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd ECJ 21-Nov-2013
ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation . .
Cited – ArcelorMittal Tubular Products Ostrava and Others v Commission ECJ 18-Oct-2018
Dumping – Imports of certain seamless pipes and tubes of iron or steel originating in China – Modification of the TARIC additional code for a company – Action for annulment – Challengeable act – Whether directly concerned – Individual concern – . .
Cited – European Food and Others v Commission ECFI 18-Jun-2019
State aid – Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) – Payment of compensation granted to certain economic operators – Decision declaring the aid . .
Cited – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Cited – Air Canada and Others v Emerald Supplies Limited and Others CA 14-Oct-2015
Appeal against case management directions given by Peter Smith J. . .
Cited – Van Munster v Rijksdienst voor Pensioenen ECJ 5-Oct-1994
(Judgment) security – Freedom of movement for workers – Equal treatment for men and women – Old-age pension – Increase for dependent spouse. . .
Cited – Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck ECJ 7-Dec-2011
Constitutions Compatibility with EU law
ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the . .
Cited – Budejovicky Budvar National Corporation v Rudolf Ammersin GmbHr ECJ 5-Feb-2009
Europa Geographical indications and designations of origin Interpretation of the judgment of the Court of Justice of 18 November 2003 in Case C’216/01 Budejovicky Budvar Exclusive nature of Regulation No . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Shindler and Another v Chancellor of The Duchy of Lancaster and Another CA 20-May-2016
UK free to disenfranchise citizens resident abroad
The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of . .
Cited – Commission EEC v Italy ECJ 27-Feb-1962
ECJ 1. It follows from a literal interpretation of articles 12 and 14 of the EEC Treaty that the term ‘duties applied’, as used in these two articles, means the duties actually applied rather than those legally . .
Cited – Ministere public and Direction du travail and de l’emploi v Levy (Rec 1993,p I-4287) (SV93-295) (Judgment) ECJ 2-Aug-1993
The national court is under an obligation to ensure that Article 5 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working . .
Cited – Regina v Secretary of State for the Home Department, ex parte Evans Medical and Macfarlan Smith ECJ 28-Mar-1995
ECJ 1. Article 30 of the Treaty applies to a national practice prohibiting importation of narcotic drugs covered by the 1961 Single Convention on Narcotic Drugs and marketable under that convention.
In so . .
Cited – Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener ECJ 5-Nov-2002
The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. . .
Lists of cited by and citing cases may be incomplete.
European, Arbitration
Updated: 21 June 2022; Ref: scu.648173