ECJ (Judgment) Civil service – FRA staff – Member of the temporary staff – Career development report – Internal appeal – Accusations of discrimination – Accusations of victimisation within the meaning of Directive 2000/43 – Administrative enquiry – Disciplinary proceedings – Disciplinary penalty – Reprimand – Articles 2, 3, and 11 of Annex IX to … Continue reading DD v FRA: ECJ 8 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Articles 39 and 49 – European Parliament – Elections – Right to vote – Citizenship of the European Union – Retroactive effect of the more lenient criminal law – National legislation providing for the deprivation of the … Continue reading Delvigne v Commune de Lesparre-Medoc: ECJ 6 Oct 2015
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018
ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Charter of Fundamental Rights of the European Union – Article 6 – Right to liberty and security – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Obligation to execute the European arrest warrant … Continue reading Minister for Justice and Equality v Lanigan: ECJ 16 Jul 2015
Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 93/13 / EEC – Article 7 – Charter of Fundamental Rights of the European Union – Articles 7 and 47 – Contracts concluded with consumers – mortgage agreement – Unfair terms – foreclosure procedure – Appeal Right of … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 16 Jul 2015
The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court. Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention … Continue reading Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015
ECJ Reference for a preliminary ruling – Articles 49 TFEU, 102 TFEU and 106 TFEU – Freedom of establishment – Principle of non-discrimination – Abuse of dominant position – Article 15 of the Charter of Fundamental Rights of the European Union – Inadmissibility L. Bay Larsen, P C-497/12, [2015] EUECJ C-497/12, ECLI:EU:C:2015:436 Bailii European European … Continue reading Gullotta And Farmacia Di Gullotta Davide and Co SAS v Ministero della Salute etc: ECJ 2 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU, 102 TFEU and 106 TFEU – Freedom of establishment – Principle of non-discrimination – Abuse of dominant position – Article 15 of the Charter of Fundamental Rights of the European Union – Inadmissibility C-360/14, [2015] EUECJ C-360/14, ECLI:EU:C:2015:436 Bailii European, Human Rights, Commercial … Continue reading Germany v Commission: ECJ 9 Jul 2015
ECJ Judgment – Public service – Contract staff – Staff of childcare facilities – Reform of the Staff Regulations Staff came into force on 1 January 2014 – Regulation No. 1023/2013 – Increased working hours – monthly Additional amount – Article 50 of Regulation procedure – Hierarchy of norms – General implementing provisions of Article … Continue reading Petsch v Commission: ECJ 30 Jun 2015
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – The granting of allowances for dependent children – Determination of the applicable law according to the date of the child’s birth and not on the date of its design – Lack of implementation of Union law – Clear lack of … Continue reading Pondiche v Statul roman: ECJ 7 May 2015
ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination in matters of social security – Calculation of the amount of allowances for dependent children – Lack of implementation of the right of Union – Manifest lack of jurisdiction of the Court C-496/14, [2015] … Continue reading Statul roman v Vararu: ECJ 7 May 2015
ECJ (Judgment) Reference for a preliminary ruling – Public health – Directive 2004/33/EC – Technical requirements relating to blood and blood components – Blood donation – Eligibility criteria for blood donors – Criteria for permanent or temporary deferral – Persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that … Continue reading Leger v Ministre des Affaires sociales, de la Sante et des Droits des femmes: ECJ 29 Apr 2015
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
EJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Biometric data – Regulation (EC) No 2252/2004 – Article 1(3) – Article 4(3) – Use of data collected for purposes other than the issue of passports and travel documents – Establishment and use of databases containing … Continue reading Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015
ECJ Judgment – Reference for a preliminary ruling – Internal market in natural gas -Directive 2003/55/EC – Article 25 – Directive 2009/73/EC – Articles 41 and 54 – Temporal application -Regulation (EC) No 1775/2005 – Article 5 – Capacity allocation mechanisms and congestion management procedures – Decision of a regulatory authority – Right to bring … Continue reading E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 2015
ECJ Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Article 17(1) of the Charter of Fundamental Rights of the European Union – Action for damages – Article 44(1)(c) of the Rules of Procedure of the General Court … Continue reading Trabelsi And Others v Council: ECJ 28 May 2013
UTIAC (1) In EU law terms there is no reason why the decision in Zambrano could not in principle be relied upon by the parent, or other primary carer, of a minor EU national living outside the EU as long as it is the intention of the parent, or primary carer, to accompany the EU … Continue reading MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
ECJ Order – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination – National legislation establishing salary reductions for certain public sector employees – No implementation of EU law – Clear lack of jurisdiction of … Continue reading Sindicato Nacional Dos Profissionais De Seguros E Afins: ECJ 21 Oct 2014
ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Recovery of import duties – Origin of goods – Means of proof – Charter of Fundamental Rights of the European Union – Article 47 – Rights of the defence – Right to effective judicial protection – Procedural autonomy of the Member States … Continue reading Unitrading Ltd v Staatssecretaris van Financien: ECJ 23 Oct 2014
ECJ Judgment – Civil service – Frontex staff – Temporary staff – Non-renewal of a fixed term contract – Renewal procedure – Article 41(2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Infringement – Influence on the content of the decision F-117/13, [2014] EUECJ F-117/13 Bailii European … Continue reading Wahlstrom v Frontex: ECJ 17 Sep 2014
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Article 5 – Quality of the interpretation and translation – Directive 2012/13/EU – Right to information in criminal proceedings – Article 4(5) and Article 6(1) – Right to information about the accusation – Right to interpretation and translation – Directive … Continue reading IS (Illegalite De L’Ordonnance De Renvoi) (Judgment): ECJ 23 Nov 2021
ECJ Position – Directive 93/13/EEC – Unfair terms in contracts concluded with consumers – adequate and effective means for the continued use of unfair terms – Limiting the possibility of appeal against a ruling on the opposition to the execution mortgage foreclosure – procedural autonomy of the Member States – Principle of effectiveness – Effective … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 3 Jul 2014
ECJ (Order Of The Court) (French Text) – Preliminary ruling – Protection of public health – National legislation laying down an obligation to vaccinate minors – Right of parents to refuse vaccination – Article 168 TFEU, Charter of Fundamental Rights of the European Union – Articles 33 and 35 – Implementation implementation of EU law … Continue reading Siroka v Urad verejneho zdravotnictva Slovenskej Republiky: ECJ 17 Jul 2014
ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014
ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure – Charter of Fundamental Rights of the European Union – National legislation establishing wage rates for some public sector workers – Lack of implementation of EU law – manifest lack of jurisdiction C-264/12, [2014] EUECJ C-264/12 – CO … Continue reading Sindicato Nacional Dos Profissionais De Seguros E Afins v Fidelidade Mundial – Companhia de Seguros SA: ECJ 26 Jun 2014
ECJ Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Scope – Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought … Continue reading Julian Hernandez And Others v Reino de Espana: ECJ 10 Jul 2014
ECJ Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court C-28/14, [2014] EUECJ C-28/14 – CO Bailii European Updated: 05 December 2021; Ref: scu.527249
ECJ (Order Of The Court) Preliminary ruling – Fundamental rights – Charter of Fundamental Rights of the European Union – Articles 47, 50 and 54 – Implementation of EU law – None – Manifest lack of jurisdiction of the Court MCG Fernlund, P C-45/14, [2014] EUECJ C-45/14 – CO Bailii European European, Human Rights Updated: … Continue reading Balazs And Papp: ECJ 19 Jun 2014
ECJ Judgment – Directives 92/40/EEC and 2005/94/EC – Decisions 2006/105/EC and 2006/115/EC – Charter of Fundamental Rights of the European Union – Articles 16, 17 and 47 – Measures for the control of avian influenza -Compensation for damage A. Borg Barthet, P C-56/13, [2014] EUECJ C-56/13 Bailii Directive 2005/94/EC, Directive 92/40/EEC European, Human Rights Updated: … Continue reading Ersekcsanadi Mezogazdasagi v Bacs-Kiskun Megyei Kormanyhivatal: ECJ 22 May 2014
ECJ (Judgment Of The Court Of First Instance) Public service contracts – Tender procedure – Provision of translation services into Maltese – Rules relating to the procedure for the submission of tenders – Rejection of a tenderer’s bid – Failure to comply with the rules on submission designed to ensure the confidentiality of the contents … Continue reading Euris Consult v Parliament: ECFI 30 Apr 2014
ECJ Preliminary ruling – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court C-614/12, [2014] EUECJ C-614/12 Bailii European Updated: 02 December 2021; Ref: scu.523640
ECJ Preliminary ruling – Article 30 of the Charter of Fundamental Rights of the European Union – Implementation of EU law – None – Manifest lack of jurisdiction of the Court MCG Fernlund, P C-332/13, [2014] EUECJ C-332/13 Bailii European Updated: 02 December 2021; Ref: scu.523641
ECJ Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Judicial fees and deposits required for lodging appeals in employment law cases – Failure to implement European Union law – Scope of European Union law – Lack of jurisdiction of … Continue reading Torralbo Marcos v Korota SA: ECJ 27 Mar 2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. Lord Dyson MR, Richards, Pitchford LJJ [2014] EWCA Civ 254, [2014] 2 WLR 1334, [2014] Env LR 26, [2014] … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: CA 12 Mar 2014
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – General principles of European Union law – implementation of European Union law – Scope of European Union law – A sufficient connection – Lack of such a connection – Lack of jurisdiction of the Court E. Juhasz, P C-206/13, … Continue reading Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo: ECJ 6 Mar 2014
ECJ Customs action against goods suspected of infringing intellectual property rights – Regulation (EC) No 1383/2003 – Article 13(1) – Competent authority to conduct proceedings to determine whether an intellectual property right has been infringed – Competence of the customs authorities to initiate proceedings to determine whether an intellectual property right has been infringed – … Continue reading Sintax Trading v Maksu ja Tolliameti Pohja maksu ja tollikeskus (Advocate Generals Opinion): ECJ 28 Jan 2014
Opinion – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to receive information in criminal proceedings – Directive 2012/13/EU – Articles 3 to 7 – Written Letter of Rights upon arrest – Right to be informed of the accusation – Right of access to the materials of the case – … Continue reading Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020
ECJ Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Right to an effective remedy – Legal persons pursuing a commercial objective – Legal aid – No link with European Union law – Clear lack of jurisdiction of the Court C-258/13, [2013] EUECJ C-258/13 Bailii European, Legal Aid Updated: … Continue reading Sociedade Agricola E Imobiliaria Da Quinta De S. Paio Lda v Instituto Da Seguranca Social Ip: ECJ 28 Nov 2013
ECJ National administrative procedure – Purely internal situation – Administrative acts – Obligation to state reasons – Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act – Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights … Continue reading Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013
ECJ Directive 2004/8/EC – Scope – Cogeneration and high efficiency cogeneration – Article 7 – Regional support scheme providing for the grant of ‘green certificates’ to cogeneration plants – Grant of a larger number of green certificates to cogeneration plants processing principally forms of biomass other than wood or wood waste – Principle of equality … Continue reading Industrie Du Bois De Vielsalm and Cie (Ibv) Sa v Region Wallonne: ECJ 26 Sep 2013
ECJ Principle of non-discrimination on grounds of age – Charter of Fundamental Rights of the European Union – Article 21(1) – Directive 2000/78/EC – Article 6(1) and (2) – Occupational pension scheme – Increases in the amount of contributions on the basis of age R. Silva de Lapuerta, P C-476/11, [2013] EUECJ C-476/11, [2014] EUECJ … Continue reading HK Danmark v Experian A/S: ECJ 26 Sep 2013
Interim proceedings – Article 279 TFEU – Request for interim measures – Article 19, paragraph 1, second subparagraph, TEU – Independence of the Izba Dyscyplinarna (disciplinary chamber) of the Sad Najwyzszy (Supreme Court, Poland) – Charter of fundamental rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – … Continue reading Commission v Poland (Order): ECJ 14 Jul 2021
ECJ Agriculture – Procedural autonomy of the Member States – Common agricultural policy – Aid – Administrative law disputes – Determination of the court with jurisdiction – National criterion – Administrative court in whose judicial district the seat of the authority which adopted the contested act is located – Principle of equivalence – Principle of … Continue reading Et Agrokonsulting-04-Velko Stoyanov v Izpalnitelen Direktor Na Darzhaven Fond (Zemedelie) – Razplashtatelna Agentsia: ECJ 27 Jun 2013
References for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Indirect discrimination – Contractual usufructuary rights or rights of use in agricultural land – Prohibition of the acquisition of such rights by persons other than members of the close family of the … Continue reading Segro (Free Movement of Capital – Opinion): ECJ 31 May 2017
ECJ (Opinion) Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between Member States – Decisions rendered at the end of proceedings in which the person concerned has not appeared in person – Execution of a sentence pronounced in absentia – Possibility of review of the judgment – Charter of … Continue reading Criminal Proceedings Against Stefano Melloni: ECJ 2 Oct 2012
ECJ (Opinion) Agriculture – Regulation (EC) No 21/2004 – Identification and registration of ovine and caprine animals – Article 16 of the Charter of Fundamental Rights of the European Union – Article 20 of the Charter – Proportionality – Equality Wahl AG C-101/12, [2013] EUECJ C-101/12, [2013] EUECJ C-101/12 Bailii, Bailii European, Agriculture Updated: 12 … Continue reading Herbert Schaible v Land Baden-Wurttemberg: ECJ 29 May 2013
melloniECJ2012 ECJ Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between Member States – Decisions rendered at the end of proceedings in which the person concerned has not appeared in person – Execution of a sentence pronounced in absentia – Possibility of review of the judgment V Skouris P … Continue reading Criminal Proceedings Against Stefano Melloni: ECJ 26 Feb 2013
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012
ECJ (Opinion) Social policy – Directive 77/187/EEC – Safeguarding of employees rights in the event of transfers of undertakings – Transfer of staff of a public entity to another public person – Recognition by the legislation of a Member State, such that interpreted by the supreme court of that State, seniority acquired before such transfer … Continue reading Scattolon v Ministero Dell Istruzione, Dell Universita E Della Ricerca: ECJ 5 Apr 2011
Human Rights Law does ot extend visa rights ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 810/2009 – Article 25(1)(a) – Visa with limited territorial validity – Issuing of a visa on humanitarian grounds or because of international obligations – Concept of ‘international obligations’ – Charter of Fundamental Rights of the … Continue reading X and X v Etat belge: ECJ 7 Mar 2017
ECJ (Judgment) Preliminary reference – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Execution Grounds for refusal – Charter of Fundamental Rights of the European Union – Article 4 – Prohibition treatments inhuman or degrading treatment – Conditions of detention in the issuing member State … Continue reading Aranyosi and Caldararu: ECJ 5 Apr 2016
Housing Orthodox Jewish Only not Discriminatory Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox … Continue reading Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020
UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015
ECJ Judgment – Preliminary ruling – Directive 93/13/EEC – Article 7 – Charter of Fundamental Rights of the European Union – Article 47 – Contracts with consumers – mortgage contract – Unfair – foreclosure procedure – Right of Appeal A Tizzano, P ECLI:EU:C:2014:2099, [2014] EUECJ C-169/14 Bailii Directive 93/13/EEC, Charter of Fundamental Rights of the … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 17 Jul 2014
Internet Search Engine – Name Removal ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014
ECJ Opinion – Preliminary reference – personal data – Protection of individuals with regard to the processing of these data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Article 25 – Decision 2000/520 / EC – Transfer of personal data to the United States … Continue reading Schrems v Data Protection Commissioner: ECJ 23 Sep 2015
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – … Continue reading Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National … Continue reading Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department: ECJ 21 Dec 2016
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights C-390/12, [2013] EUECJ C-390/12 Bailii European Cited by: Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software … Continue reading Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013
Door to Door preaching notes were data Protection of Individuals With Regard To The Collecting and Processing of Personal Data – Door-To-Door Preaching – Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Scope of the directive – Article 3 – … Continue reading Jehovan Todistajat (Jehovah’s Witnesses Religious Community): ECJ 10 Jul 2018
Aklagaren_FranssonECJ2013 ECJ (Grand Chamber) Charter of Fundamental Rights of the European Union – Field of application – Article 51 – Implementation of European Union law – Punishment of conduct prejudicial to own resources of the European Union – Article 50 – Ne bis in idem principle – National system involving two separate sets of proceedings, … Continue reading Aklagaren v Hans Akerberg Fransson: ECJ 26 Feb 2013
schwarz_stadtbochumECJ1013 ECJ Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Fingerprints – Regulation (EC) No 2252/2004 – Article 1(2) – Validity – Legal basis – Procedure for adopting – Articles 7 and 8 of the Charter of Fundamental Rights of the European Union – Right to respect … Continue reading Michael Schwarz v Stadt Bochum: ECJ 17 Oct 2013
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015
Discriminatory Temporary Suspension of Worker ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1 to 3 – Prohibition of all discrimination based on a disability – Whether a ‘disability’ exists – Concept of ‘long-term physical, mental, intellectual or sensory impairments’ – … Continue reading Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016
glatzel_ECJ0614 Judgment – Request for a preliminary ruling – Transport – Directive 2006/126/EC – Point 6.4 of Annex III – Validity – Charter of Fundamental Rights of the European Union – Articles 20, 21(1) and 26 – United Nations Convention on the Rights of Persons with Disabilities – Driving licences – Physical and mental fitness … Continue reading Glatzel v Freistaat Bayern: ECJ 22 May 2014
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 20 – Electronic cigarettes and refill containers – Validity – Principle of equal treatment – Principles of proportionality and legal certainty – Principle of subsidiarity – Charter of Fundamental Rights of the European Union – Articles 16 and 17 … Continue reading Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016
Discriminatory Intent of Firm Founded Claim (Equal Treatment In Employment and Occupation – Prohibition of Discrimination – Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a), Article 8(1) and Article 9(2) – Prohibition of discrimination based on sexual orientation – Conditions for access to employment … Continue reading NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Right to be forgotten by Search Engine ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013
ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014
pswc_abdidaECJ1409 ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status … Continue reading Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – National arrest warrant and European arrest warrant issued by the . .
Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Article 263, fourth paragraph, TFEU – Admissibility – Decision not concerning the applicant neither directly nor individually – Regulatory act – Absence – Article . .
LB v College van burgemeester en wethouders van de gemeente Echt-Susteren; Sebava BV – Reference for a preliminary ruling – Aarhus Convention – Article 6 – Participation rights – Public participation procedure – Article 2(4) and (5) – ‘The public’ . .
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20, paragraph 2 – Directive 2011/24 / EU – Article 8, paragraphs 1 and 5 as well as paragraph 6, sub d) – Health insurance – Hospital care provided in a . .
(Opinion) Reference for a preliminary ruling – Social security – Medical insurance – Regulation (EC) No 883/2004 – Article 20(2) – Authorisation to receive treatment outside the Member State of residence -Authorisation granted where the treatment is . .
The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision.
Held: The essence of the grounds for . .
AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.
Burnett LJ referred to a ‘sliding scale for . .
(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the . .
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer . .
ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third . .
ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of . .
ECJ Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Alleged violation of the right to respect for human dignity – Effective . .
Reference for a preliminary ruling – Common rules for the internal market in natural gas – Directive 2009/73/EC – Article 3(1) to (3) and Article 41(16) – Public service obligations – Natural gas storage obligations for the purposes of ensuring the . .
ECJ Reference for a preliminary ruling – Approximation of laws – Public health – Consumer information and protection – Labelling and presentation of foodstuffs – Concepts of ‘nutrition claims’ and ‘health claims’ . .
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – . .
Reference for a preliminary ruling – Area of ??freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32 / EU – Request for international protection – Article 33, paragraph 2 – . .
ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of . .
Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – . .
(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – . .
Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.
Article 8 provides one such exception but there is . .
ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member . .
ECJ Directive 93/83/EEC – Directive 2006/116/EC, Directive 2001/29/EC – Directive 2005/115/EC – Copyright of the principal director of a film – Allocation of exclusive exploitation rights to the producer Film – . .
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human . .
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good . .
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – . .
