ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Citations: 18339/19, [2022] ECHR 748 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681626
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 2003/88 / EC – Scope – Derogation – Article 1, paragraph 3 – Directive 89/391 / EEC – Article 2, paragraph 2 – Activities of the police intervention forces Citations: C-211/19, [2020] EUECJ C-211/19, ECLI:EU:C:2020:344 Links: … Continue reading Keszenleti Rendorseg (Judgment): ECJ 30 Apr 2020
The procedural issue: appeals under section 11 of the TCEA 2007 (1) The appellate regime established by the Nationality, Immigration and Asylum Act 2002, as amended, is concerned with outcomes comprising the determination of available grounds of appeal; (2) A party who has achieved the exact outcome(s) sought by way of an appeal to the … Continue reading Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 6095/09, [2012] ECHR 1397, [2019] ECHR 581 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462465
ECHR Judgment : Article 2 – Right to life : Third Section Citations: 29951/09, [2012] ECHR 1380, [2018] ECHR 395 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462445
ECFI Competition – Agreements, decisions and concerted practices – Markets for zip fasteners and ‘other fasteners’ – Decision finding an infringement of Article 81 EC – Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information – Evidence – Single and continuous infringement – Limitation period – Rights of the … Continue reading Coats Holdings v Commission: ECFI 27 Jun 2012
ECJ Community Customs Code – Article 236(2) – Repayment of duties not legally owed – Time-limit – Regulation (EC) No 2398/97 – Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan – Regulation (EC) No 1515/2001 – Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid … Continue reading Civad v Receveur des douanes de Roubaix: ECJ 14 Jun 2012
The Court found violations of the Convention concerning lack of access to a court and the breach of the applicant’s rights to peaceful enjoyment of their possession (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1) (see details in Appendix). Held: Greater justification is required if fees are imposed at an … Continue reading Weissman And Others v Romania: ECHR 2 Dec 2011
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law … Continue reading Generalstaatsanwaltschaft Berlin (Citizenship of The European Union – Extradition of A Union Citizen To A Third State – Judgment): ECJ 17 Dec 2020
ECFI Customs Union – frozen prawns from Indonesia – Certificates of Origin invalid – Post-clearance recovery of import duties – Application for remission of import duties – Article 220, paragraph 2, b), and Article 239 of Regulation (EEC) No 2913/92 Judges: Kanninen P Citations: T-159/09, [2012] EUECJ T-159/09 Links: Bailii Statutes: Regulation (EEC) No 2913/92 … Continue reading Biofrescos v Commission: ECFI 18 Jun 2012
ECJ Free movement of capital – Articles 63 TFEU and 65 TFEU – Severance funds – Investment of assets – Investment funds established in another Member State – Investment in such funds permitted only when they are authorised to market their units within the national territory Judges: Lenaerts J Citations: C-39/11, [2012] EUECJ C-39/11 Links: … Continue reading VBV – Vorsorgekasse: ECJ 7 Jun 2012
ECJ Social security Regulation (EEC) No 1408/71 Article 4(1)(b) and (g), Article 10(1) and Article 69 Freedom of movement for persons Articles 39 EC and 42 EC Statutory pension and accident insurance scheme Benefit for reduced capacity to work or incapacity to work Advance payment to unemployed persons who apply for the grant of a … Continue reading Petersen v Arbeitsmarktservice Niederosterreich: ECJ 11 Sep 2008
ECJ Directive 2008/78/EC Article 4(1) Prohibition of discrimination on grounds of age National provision setting a maximum age of 30 years for the recruitment of officials to posts in the fire service Aim pursued Genuine and determining occupational requirement Judges: K Lenaerts P Citations: [2010] 2 CMLR 32, [2010] EUECJ C-229/08, [2010] CEC 1029, [2010] … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 12 Jan 2010
Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 47395/09, [2018] ECHR 996 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 October 2022; Ref: scu.631268
Reference for a preliminary ruling – Directive 2002/20/EC – Scope of application – Concept of electronic communications service – Articles 12 and 13 – Fee for the right to install facilities on, over or under public or private property Citations: C-764/18, [2020] EUECJ C-764/18_O Links: Bailii Jurisdiction: European Cited by: See Also – Orange Espana … Continue reading Orange Espana (Concept of Electronic Communications Service – Fee for The Right To Install Facilities On, Over or Under Public or Private Property – Opinion): ECJ 16 Jul 2020
Europa (Judgment) By application lodged at the Registry of the Court on 28 November 2000, the Commission of the European Communities brought this action under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/4/EC of the European Parliament and of … Continue reading Commission v France: ECJ 21 Jun 2001
(Non-admissibility Decision) It was affirmed: ‘that Article 34 of the Convention requires that an individual applicant should claim to have been actually affected by the violation he alleges. That Article does not institute for individuals a kind of actio popularis for the interpretation of the Convention; it does not permit individuals to complain against a … Continue reading The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Failure of a Member State to fulfil obligations – Common system of value added tax (VAT) – Directive 2006/112/EC – Derogations – Simplification measures and measures to prevent tax evasion or avoidance – Article 395(2) – Obligation incumbent on Member States to notify the European Commission of special measures intended to simplify the procedure for … Continue reading Commission v United Kingdom (TVA – Regime Applicable Aux Marches A Terme): ECJ 14 May 2020
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 8394/13, [2018] ECHR 967 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631238
IPO Eight applications for SPCs for single active ingredients in the vaccine field were filed. One application concerned the recombinant L1 protein of Human Papillomavirus (HPV) strain HPV6; one application concerned the recombinant L1 protein of Human Papillomavirus strain HPV11; two applications concerned the recombinant L1 protein of Human Papillomavirus strain HPV16 and four applications … Continue reading Georgetown University (For Spc/Gb 07/070, Spc/Gb 07/071, Spc/Gb 07/073, Spc/Gb 07/078, Spc/Gb 07/079 and Spc/Gb 07/080); Loyola University of Chicago (For Spc/Gb 07/069 Only); University of Rochester (For Spc/Gb 07/075 Only) (Patent): IPO 29 Dec 2009
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 37397/15, [2019] ECHR 933 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 October 2022; Ref: scu.646806
(Opinion) Appeal – Action for damages – Restrictive measures taken against Iran – Article 29 TEU – Article 215 TFEU – Jurisdiction of the Court to hear an action seeking compensation – Compensation for the damage allegedly suffered by the applicant as a result of the inclusion of its name in various lists of restrictive … Continue reading Bank Refah Kargaran v Council (Appeal – Action for Damages – Restrictive Measures Taken against Iran – Opinion): ECJ 28 May 2020
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 41261/17, [2019] ECHR 539 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646513
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 79457/17, [2019] ECHR 625 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646539
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 53421/15, [2020] ECHR 39 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646408
ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 51111/07, [2020] ECHR 22 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646393
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 43444/15, [2020] ECHR 38 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646395
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 29419/17, [2020] ECHR 53 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646390
ECHR Judgment : Article 5 – Right to liberty and security : Fourth Section Committee Citations: 73341/14, [2020] ECHR 49 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646394
Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and … Continue reading Dvorski v Croatia: ECHR 20 Oct 2015
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 5-4; No violation of Art. 6-3-c; No violation of Art. 6-3-b; Non-pecuniary damage – financial award.The applicant wished to be represented by his mother and sister. His request that they be permitted to appear for him was refused on the basis … Continue reading Mayzit v Russia: ECHR 20 Jan 2005
Reference for a preliminary ruling – Freedom to provide services – Direct life insurance – Directive 2002/83 / EC – Articles 35 and 36 – Right and period of waiver – Incorrect information concerning the procedures for exercising the right of waiver – Formal conditions for the declaration of waiver – Expiration of the right … Continue reading Kunsthaus Muerz (Judgment): ECJ 2 Apr 2020
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Citations: 72939/16, [2019] ECHR 864 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646755
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Second Section Citations: 1399/07, [2019] ECHR 725 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646635
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 19397/10, [2019] ECHR 716 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646609
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 48093/15, [2019] ECHR 639 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646522
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 3945/10, [2020] ECHR 64 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646423
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 73954/11, [2019] ECHR 521 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646468
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fifth Section Committee Citations: 6781/13, [2022] ECHR 739 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681184
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 36660/10, [2019] ECHR 939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646736
ECHR Judgment : Article 2 – Right to life : Second Section Committee Citations: 74941/12, [2019] ECHR 739 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646588
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 39071/08, [2020] ECHR 46 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646421
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 10917/06, [2020] ECHR 28 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646397
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Citations: 29422/17, [2020] ECHR 24 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646399
A complaint as to the privileging of civil over religious marriages in Turkey was found admissible.‘ the essential object of Article 8 is to protect the individual against arbitrary interference by the public authorities. There may in addition be positive obligations inherent in effective ‘respect’ for family life. In both contexts regard must be had … Continue reading Serife Yigit v Turkey: ECHR 20 Jan 2005
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 13911/14, [2022] ECHR 734 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681171
European Union trade mark – Opposition proceedings – Application for an EU figurative trade mark 5MS MMMMM – Earlier figurative EU trade mark 5J – Relative grounds for refusal – No likelihood of confusion – No similarity of signs – Article 8 (1) (b) of Regulation (EC) No 207/2009 [now Article 8 (1) (b) of … Continue reading Sanchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM) (EU Trade Mark – Judgment): ECFI 2 Dec 2020
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Committee Citations: 39919/07, [2019] ECHR 607 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646533
ECHR Judgment : No Article 6 – Right to a fair trial : Fifth Section Citations: 39814/12, [2019] ECHR 609 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646517
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 13716/12, [2020] ECHR 3 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646392
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 55760/11, [2020] ECHR 5 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646391
This is an application for a six-month extension to SPC number SPC/GB04/039, filed on 12 October 2012, just before the deadline for doing so, i.e. 2 years before the expiry date of the SPC which (if not extended) is 26 October 2014. The SPC concerns aripiprazole, the active ingredient in medicinal product, Abilify, marketed by … Continue reading Otsuka Pharmaceuticals Company Limited (Patent): IPEC 4 Mar 2015
Europa Brussels Convention – Proceedings to establish a fund to limit liability in respect of the use of a ship – Action for damages – Article 21 – Lis pendens – Identical parties – Court first seised – Identical subject-matter and cause of action – None – Article 25 – ‘Judgment’ – Article 27(2) – … Continue reading Maersk Olie and A/S v Firma M De Haan (Brussels Convention): ECJ 14 Oct 2004
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 15394/19, [2022] ECHR 711 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681078
Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU. Held: Granted for those applying for it.The common law rights of the public and press to know about court proceedings are also protected by article 10 of the ECHR Citations: [2017] EWHC 629 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 23939/20, [2022] ECHR 668 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681024
ECJ Judgment – Community trade mark – Request for renewal of the Community figurative mark CVTC – Partial renewal – Article 47 of Regulation (EC) No 207/2009 Citations: T-572/12, [2015] EUECJ T-572/12, ECLI:EU:T:2015:136 Links: Bailii Statutes: Regulation (EC) No 207/2009 47 Jurisdiction: European Intellectual Property Updated: 12 October 2022; Ref: scu.543915
The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 11395/08, [2018] ECHR 1006 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.631272
ECHR Article 10-1 Freedom to impart information Freedom to receive information Refusal by regional authority to provide copy of its decisions to an association wishing to study the impact of property transfers on agricultural and forest land: violation Facts – The applicant was a registered association whose aims were to research the impact of transfers … Continue reading Osterreichische Vereinigung Zur Erhaltung, v Austria: ECHR 28 Nov 2013
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage – financial awardThe court set out a list of cases in which a person can be deprived of liberty without infringement of Article 5 Citations: 49902/99, [2004] ECHR 196, (2004) 17 BHRC 398 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited … Continue reading Brand v The Netherlands: ECHR 11 May 2004
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
ECJ Regulation (EC) No 800/1999 – Article 15(1) and (3) – Agricultural products – System of export refunds – Differentiated export refund – Conditions for granting – Import of the product into the third country of destination – Payment of import duties Citations: C-392/10, [2012] EUECJ C-392/10 Links: Bailii Statutes: Regulation (EC) No 800/1999 15 … Continue reading Suiker Unie v Hauptzollamt Hamburg-Jonas: ECJ 19 Jan 2012
interedill2ECJ2011 ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – The centre of a debtor’s main interests – Transfer of a registered office to another Member State … Continue reading Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011
The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants had however produced their own image, but one which fitted the same description. … Continue reading Temple Island Collections Ltd v New English Teas Ltd and Another: PCC 12 Jan 2012
The claimant challenged the decision of the respondent to revoke his entry visa, saying ‘he was to be excluded ‘for engaging in unacceptable behaviour by making statements that attempt to justify terrorist activity and fostering hatred’.’ Held: It is settled law that the Secretary of State has the power to make an exclusion decision.Gross LJ … Continue reading Naik, Regina (on The Application of) v Secretary of State for The Home Department: CA 19 Dec 2011
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 44769/08, [2011] ECHR 2068, [2018] ECHR 739 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 October 2022; Ref: scu.449912
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
ECJ Judgment – Non-contractual liability – Competition – International removal services market in Belgium – Removals of officials and other servants of the Union – Decision finding an infringement of Article 101 TFEU – complacency Quote – Scope of responsibility of an institution – Res judicata – Duty of care – Causation Judges: A. Dittrich … Continue reading Ziegler v Commission: ECFI 15 Jan 2015
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 67794/13, [2018] ECHR 939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.631230
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use. Held: BHB controlled the market, and by threatening to terminate the licence of the claimant had abused that … Continue reading Attheraces Ltd and Another v British Horse Racing Board and Another: ChD 21 Dec 2005
ECFI Competition – Cartels – Italy’s first purchase and processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price fixing and market sharing – Liability for the infringement – Fines – Proportionality – Gravity and duration of the infringement – Attenuating circumstances – Cooperation Citations: T-39/06, [2011] EUECJ T-39/06 Links: … Continue reading Transcatab v Commission: ECFI 5 Oct 2011
Citations: 18508/07, [2011] ECHR 1394 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Shapovalov v Ukraine ECHR 31-Jul-2012 The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He … Continue reading Shapovalova v Ukraine: ECHR 22 Sep 2011
ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation – Income tax – Pensions – Exemption for low income amount – Discrimination between resident and non-resident taxpayers Judges: Mr Niilo Jaaskinen … Continue reading Commission v Estonia: ECJ 24 Nov 2011
ECJ Customs duty – Repayment of import duties – Canned tuna originating in Thailand – Tariff quota – Opening Date – Sunday – Exhaustion of quota – Article 239 of the Community Customs Code – Articles 308a to 308c of Regulation ( EEC) No 2454/93 – Regulation (EC) No 975/2003 Citations: T-131/10, [2011] EUECJ T-131/10 … Continue reading Saupiquet v Commission (Customs Union) French Text: ECFI 24 Nov 2011
UTIAC Someone who is married to a person settled in the United Kingdom but who only has discretionary leave to remain cannot, if his marriage breaks down because of domestic violence, claim an entitlement to indefinite leave by analogy with paragraph 289A of the Immigration Rules. There is no unlawful discrimination in terms of ‘other … Continue reading Guzman-Barrios (Domestic Violence-Dlr- Article 14 Echr) Colombia: UTIAC 9 Sep 2011
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and the surrender procedures between Member States – Article 4 – Grounds for optional non-execution – Article 4(6) – Arrest warrant issued for the purposes of execution of a sentence – Article 5 – Guarantees to be provided by … Continue reading IB v Cabinet (Police And Judicial Cooperation In Criminal Matters): ECJ 21 Oct 2010
ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Moulded plastic false nail sets – Validity of Regulation (EC) No 1417/2007 – Other articles of plastics (heading 3926) – Manicure or pedicure preparations (heading 3304) – Manicure or pedicure sets and instruments (heading 8214) Judges: D. Svaby, President Citations: C-215/10, [2011] EUECJ C-215/10 … Continue reading Pacific World And FDD International v Her Majesty’s Revenue and Customs: ECJ 28 Jul 2011
ECJ Reference for a preliminary ruling – Articles 12 EC and 39(2) EC – Old-age benefits – Social security convention concluded between the Italian Republic and the Swiss Confederation – Refusal to take account of periods of insurance completed by a French national in Switzerland Citations: C-55/00, [2002] EUECJ C-55/00 Links: Bailii Jurisdiction: European Benefits … Continue reading Gottardo v Istituto nazionale della previdenza sociale: ECJ 15 Jan 2002
ECJ 1 By application lodged at the Court Registry on 8 May 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that the Grand Duchy of Luxembourg had failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ … Continue reading Commission of the European Communities v Grand-duche de Luxembourg: ECJ 15 Jan 2002
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
Citations: (1998) 26 EHRR 241, 21439/93 Links: Bailii Cited by: See Also – Botta v Italy ECHR 24-Feb-1998 The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: … Continue reading Botta v Italy: ECHR 15 Jan 1996
ECJ Opinion – Copyright and related rights – Directives 92/100/EEC and 2006/115/EC – Rights of Performers and Producers of Phonograms – Article 8, Paragraph 2 – Public Communication – Communication of phonograms in the indirect part of radio reported in the waiting room of a dental practice – The need for a profit – Fair … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 29 Jun 2011
ECJ Copyright and related rights – Directives 92/100/EEC and 2006/115/EC – Rights of performers and phonogram producers – Article 8(2) – Communication to the public – Indirect communication to the public of phonograms in broadcasts received using radios or televisions in hotel bedrooms – Communication to the public through the provision of players and phonograms … Continue reading Phonographic Performance (Ireland) Ltd v Ireland and Others: ECJ 29 Jun 2011
ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Plastic dialysis drainage bags intended exclusively for use with dialysers (artificial kidneys) – Plastic urine drainage bags intended exclusively for use with catheters – Headings 9018 and 3926 – ‘Parts’ and ‘accessories’ – Other articles of plastics. Citations: C-152/10, [2011] EUECJ C-152/10 Links: Bailii … Continue reading Unomedical A/S v Skatteministeriet (Customs Union): ECJ 16 Jun 2011
To engage article 3, the claimant needs to assert a level of suffering which might be described as ‘intense’. Citations: 41211/98, [2006] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: Human Rights Cited by: Cited – Janner, Regina (on The Application of) v The Crown Prosecution Service Admn 13-Aug-2015 The … Continue reading Iovchev v Bulgaria: ECHR 2 Feb 2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
ECFI Community trade mark – Application for Community figurative mark representing Arms – Absolute ground for refusal – Imitation of view of the heraldic emblem of a State – Article 7, paragraph 1, h) of Regulation (EC) No. 207/2009 – Article 6ter of the Paris Convention. Citations: T-397/09, [2011] EUECJ T-397/09 Links: Bailii Jurisdiction: European … Continue reading Prinz Von Hannover v OHIM (Representation D’Armoiries) (Intellectual Property): ECFI 25 May 2011
Civil service – Temporary staff – Article 2 (f) of the Conditions of Employment – Contract for an indefinite period – Leave without pay – Leave for personal reasons – Refusal to extend a leave without pay for an additional year – Article 52 of the Conditions of Employment Citations: F-144/15, [2016] EUECJ F-144/15, ECLI: … Continue reading Lorenzet v EASA (Judgment) French Text: ECJ 28 Jun 2016
ECFI Community trade mark – Application for a Community collective mark verbal Txakoli – Absolute grounds for refusal – Descriptive character – Article 7, paragraph 1, sub c) of Regulation (EC) No 207/2009 – Article 66, paragraph 2 of Regulation No 207/2009 – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation … Continue reading Consejo Regulador De La Denominacion De Origen Txakoli De Alava And Others v OHIM (Txakoli): ECFI 17 May 2011
ECJ (Opinion) Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination based on age – Article 2, paragraph 5 – Article 4, paragraph 1 – Article 6, paragraph 1 – Articles 21 and 28 of the Charter of fundamental rights – Collective agreement providing for the termination of sixty years of … Continue reading Prigge And Others v Deutsche Lufthansa AG: ECJ 19 May 2011
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark POLO SANTA MARIA – Earlier Benelux figurative mark showing the silhouette of a polo player – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009. Citations: T-376/09, [2011] EUECJ T-376/09 Links: Bailii European, Intellectual Property … Continue reading Glenton Espana v OHMI – Polo/Lauren (Polo Santa Maria): ECFI 18 May 2011
ECFI Community trade mark – Opposition proceedings – Application for Community word mark RedTube – Earlier national unregistered Redtube – Failure to pay the tax within the opposition – Decision declaring the opposition deemed as unformed – Article 8, paragraph 3 of Regulation (EC) No 2869/95 – Protection of legitimate expectations – Rule 17 of … Continue reading Jager and Polacek v OHMI – Rt Mediasolutions (Redtube) (Intellectual Property): ECFI 12 May 2011