Search Results for: Council of Europe

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Ben Ali v Council (Common Foreign and Security Policy – Restrictive Measures – Tunisia : Judgment): ECFI 5 Oct 2017

Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Action for annulment – Admissibility – Legal basis – Reinclusion of the applicant’s name on the basis of new grounds – Obligation to state reasons – Factual basis – … Continue reading Ben Ali v Council (Common Foreign and Security Policy – Restrictive Measures – Tunisia : Judgment): ECFI 5 Oct 2017

Hardy v Sefton Metropolitan Borough Council: Admn 27 Jul 2006

Appeal against finding of liability to pay council tax. Held: A Magistrates’ Court which is invited to make a liability order may be entitled to refuse to make such an order in a case where there has been a serious breach of the mandatory provisions of the Collection Regulations which has caused prejudice to the … Continue reading Hardy v Sefton Metropolitan Borough Council: Admn 27 Jul 2006

Ajinomoto v Council (Commercial Policy): ECJ 3 May 2001

ECJ Appeal – Dumping – Normal value – Existence of a patent in the exporter’s domestic market – Effect on the lawfulness of the regulation imposing a definitive anti-dumping duty of an allegedly illegal element of the regulation imposing a provisional anti-dumping duty Citations: C-77/98, [2001] EUECJ C-77/98P, [2001] EUECJ C-77/98 Links: Bailii, Bailii Jurisdiction: … Continue reading Ajinomoto v Council (Commercial Policy): ECJ 3 May 2001

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir. Citations: [2010] EWHC 1604 … Continue reading Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008

Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence … Continue reading Donegan v Dublin City Council and Others: 8 May 2008

Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – … Continue reading Commission v Council (Adhesion A L’Acte De Geneve) (Action for Annulment): ECJ 22 Nov 2022

The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination. Judges: David J Citations: [2007] EWHC 3090 (Admin) Links: Bailii Statutes: Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Jurisdiction: … Continue reading The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Thoburn v Northumberland County Council: CA 19 Jan 1999

The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act. Held: Though the blockage was not entirely on the Highway, the nature and extent of it was known to the Authority and they were properly found to … Continue reading Thoburn v Northumberland County Council: CA 19 Jan 1999

Dover District Council v CPRE Kent: SC 6 Dec 2017

‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017

Europaisch-Iranische Handelsbank v Council: ECJ 5 Mar 2015

ECJ Judgment- Appeal – Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation – Freezing of funds – Restriction of transfers of funds – Assistance to designated entities in evading or violating restrictive measures Judges: T. von Danwitz, Pr Citations: C-585/13, [2015] EUECJ C-585/13, [2014] EUECJ C-585/13 – … Continue reading Europaisch-Iranische Handelsbank v Council: ECJ 5 Mar 2015

EZZ And Others v Council: ECJ 5 Mar 2015

ECJ Judgment – Appeal – Restrictive measures taken against certain persons in view of the situation in Egypt – Freezing of the funds of persons subject to judicial proceedings for misappropriation of State funds – United Nations Convention against Corruption Judges: T. von Danwitz, P Citations: C-220/14, [2015] EUECJ C-220/14 Links: Bailii Jurisdiction: European European … Continue reading EZZ And Others v Council: ECJ 5 Mar 2015

Bouma v Council And Commission: ECJ 29 Apr 2004

Action for damages – Extra-contractual liability – Milk – Additional levy – Reference quantity – Producers having signed a non-marketing undertaking – SLOM 1983 producers – Non-resumption of production at the end of the undertaking Citations: C-163/01, [2004] EUECJ C-163/01P Links: Bailii Jurisdiction: European Agriculture Updated: 26 November 2022; Ref: scu.213794

Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

FTA and others v Council: ECFI 24 Feb 2000

(Rec 2000,p II-373) Action for annulment – Application signed by a lawyer not authorised to practise before a court of a Member State or of a State which is a party to the European Economic Area Agreement – Inadmissibility. Citations: T-37/98, [2000] EUECJ T-37/98 Links: Bailii Jurisdiction: European European Updated: 25 November 2022; Ref: scu.173496

Central Bank of Iran v Council: ECFI 25 Mar 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Rights of defence – Right to effective judicial protection – Error of assessment – Right to property – Right to reputation – Proportionality Judges: … Continue reading Central Bank of Iran v Council: ECFI 25 Mar 2015

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress. Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the … Continue reading Lawrence v Pembrokeshire County Council: CA 15 May 2007

Degnan and others v Redcar and Cleveland Borough Council: CA 17 Jun 2005

Equal Pay claims. Citations: [2005] EWCA Civ 726, [2005] IRLR 615, [2005] ELR 475 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Degnan and others v Redcar and Cleveland Borough Council EAT 14-Apr-2005 EAT Sex Discrimination – Injury to feelings. EAT Equal Pay Act – Out of time . . Cited by: Cited … Continue reading Degnan and others v Redcar and Cleveland Borough Council: CA 17 Jun 2005

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport: Admn 15 Mar 2013

The claimants challenged the strategy published by the government for the development of the propose HS2 railway line, saying that it required first a strategic environmentalimpact assessment under European law. Held: The claim failed. The strategy as published did not constrain in any way the decision making processes which might follow: ‘The very concept of … Continue reading Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport: Admn 15 Mar 2013

Fjord Seafood Norway And Alsaker Fjordbruk v Council: 22 Sep 2009

Partial removal from the register Citations: [2012] EUECJ T-113/06, T-113/06 Links: Bailii Cited by: See Also – Fjord Seafood Norway And Alsaker Fjordbruk v Council ECFI 21-Mar-2012 ECFI Dumping – Imports of salmon originating in Norway – Definition of the Community industry – Like product – Composition of the sample of Community producers . . … Continue reading Fjord Seafood Norway And Alsaker Fjordbruk v Council: 22 Sep 2009

Sina Bank v Council: ECFI 18 Oct 2016

ECJ (Judgment) Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Actions for annulment – Period allowed for commencing proceedings – Amendment of pleadings – Admissibility – Obligation to state reasons – Rights of defence – Right to effective judicial protection … Continue reading Sina Bank v Council: ECFI 18 Oct 2016

St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012

The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility. Citations: [2012] ScotCS CSOH – 198, 2013 SLT 285, 2013 GWD 3-107 Links: Bailii Statutes: Riotous Assemblies (Scotland) Act 1822 Jurisdiction: Scotland Cited by: Cited – The … Continue reading St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012

Sina Bank v Council: ECFI 11 Dec 2012

ECFI Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Actions for annulment – Duty to state reasons. Judges: I Pelikanova R Citations: T-15/11, [2012] EUECJ T-15/11 Links: Bailii Jurisdiction: European Cited by: See Also – Sina Bank v Council ECFI … Continue reading Sina Bank v Council: ECFI 11 Dec 2012

Spain and Italian Republic v Council: ECJ 11 Dec 2012

ECJ Opinion – Actions for annulment – Authorisation of enhanced cooperation under Articles 20 TEU and 329 TFEU for the establishment of a ‘unitary patent’ – Actions for annulment on the grounds of lack of competence, misuse of powers and infringement of the Treaties – Creation of European intellectual property rights – Article 118 TFEU … Continue reading Spain and Italian Republic v Council: ECJ 11 Dec 2012

Haswani v Council (Judgment): ECFI 16 Dec 2020

Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Res judicata authority – Time-limit for bringing an appeal – Obligation to state reasons – Error of assessment – Proportionality Citations: ECLI:EU:T:2020:608, T-521/19, [2020] EUECJ T-521/19 Links: Bailii Jurisdiction: European Banking Updated: 10 November 2022; Ref: scu.660729

Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012

FTTTx Value Added Tax – Taxable person – Local authority – Provision of off-street car parking – Impact of exemption on relevant market – Distortion of competition – Whether local authorities taxable persons in respect of provision of such parking – Questions referred to ECJ for determination – Application of ruling of ECJ (Case C-288/07) … Continue reading Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012

Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the distinctions between public and private rights and bodies but also looking at the practical consequences of the … Continue reading Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Webb, Perks v Walsall Metropolitan Borough Council: LRA 5 May 2011

LRA Easements and Profits A Prendre – Applicants held to have acquired a right of way by lost modern grant and under the Prescription Act 1832, the user having been acquiesced in at latest from 1984, following the Applicants’ decision to ignore an offer of a limited licence to use the route. Subsequent correspondence from … Continue reading Webb, Perks v Walsall Metropolitan Borough Council: LRA 5 May 2011

Thurrock Borough Council v West: CA 8 Nov 2012

The tenant had resisted the application for possession on the basis that it would amount to a disproportionate interference in his human rights. The council appealed. Held: The appeal succeeded. The judge had erred in considering that the tenant’s arguments did not, on the facts, reach the threshold of a seriously arguable Article 8 defence. … Continue reading Thurrock Borough Council v West: CA 8 Nov 2012

United Kingdom v Council (Police and Judicial Cooperation In Criminal Matters): ECJ 24 Jun 2010

Europa Exclusion of the United Kingdom from the procedure for adopting a Council decision concerning access, for consultation for police purposes, to the Visa Information System (VIS). Citations: C-482/08, [2010] EUECJ C-482/08 – O, [2010] EUECJ C-482/08 Links: Bailii, Bailii Jurisdiction: European Police Updated: 06 November 2022; Ref: scu.420201

Adams and others v Lancashire County Council Bet Catering Services Limited: CA 15 May 1997

The acquired rights directive does not protect pension rights which might be acquired after the transfer of an undertaking. It can only safeguard rights existing at the time of the transfer. Citations: Times 19-May-1997, [1997] EWCA Civ 1699, [1997] 3 CMLR 79, [1997] ICR 834, [1997] IRLR 436, [1997] Pens LR 145, [1998] OPLR 119 … Continue reading Adams and others v Lancashire County Council Bet Catering Services Limited: CA 15 May 1997

Ningbo Yonghong Fasteners v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China -Market economy treatment – Time-limit for adopting the decision on that treatment – Manifest error of assessment – Burden of proof – Adjustment to costs – Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) … Continue reading Ningbo Yonghong Fasteners v Council: ECFI 10 Oct 2012

Novatex v Council: ECFI 11 Oct 2012

ECFI Subsidies – Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates – Definitive countervailing duty and definitive collection of provisional duty – Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009 Citations: T-556/10, [2012] EUECJ T-556/10 Links: Bailii European Updated: 05 November … Continue reading Novatex v Council: ECFI 11 Oct 2012

Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s social services department, and he had been assessed to be at … Continue reading Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

Shanghai Biaowu High-Tensile Fastener And Shanghai Prime Machinery v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China – Market economy treatment – Time-limit for adopting the decision on that treatment – Principle of sound administration – Burden of proof – Obligation to state the reasons on which the decision is based – Article 2(7)(b) and (c) and (10) of … Continue reading Shanghai Biaowu High-Tensile Fastener And Shanghai Prime Machinery v Council: ECFI 10 Oct 2012

Gem-Year And Jinn-Well Auto-Parts (Zhejiang) v Council: ECFI 10 Oct 2012

ECFI Dumping – Imports of certain iron or steel fasteners originating in China – Support of the complaint by the Community industry – Definition of the product concerned – Injury – Market economy treatment – Costs of major inputs substantially reflecting market values – Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article … Continue reading Gem-Year And Jinn-Well Auto-Parts (Zhejiang) v Council: ECFI 10 Oct 2012

East Dunbartonshire Council v Trade Union Backed Claimants and Another: EAT 24 Jun 2010

EAT EQUAL PAY ACT – Article 141/European lawPRACTICE AND PROCEDURE – AmendmentEmployment Tribunal granted Claimants’ applications to amend their equal pay claims to add new comparators to their existing lists. Two of the Claimants having left the Respondent’s employment more than six months prior to their claims being amended, time bar would have prevented them … Continue reading East Dunbartonshire Council v Trade Union Backed Claimants and Another: EAT 24 Jun 2010

Trump International Golf Club Scotland Ltd v Aberdeen City Council: SIC 10 Feb 2015

SIC European Offshore Wind Farm Development Centre and Related Substation at Blackdog, Aberdeenshire – On 28 May 2014, Trump International Golf Club Scotland Ltd (Trump International) asked Aberdeen City Council (the Council) for information concerning the European Offshore Wind Farm Development Centre (EOWFDC)1 and related substation at Blackdog, Aberdeenshire. The Council disclosed some information and … Continue reading Trump International Golf Club Scotland Ltd v Aberdeen City Council: SIC 10 Feb 2015

Regentford Ltd, Regina (on the Application of) v Shepway District Council: Admn 25 Oct 2006

A breach of the statutory duty by the billing authority to serve the notice as soon as practicable does not operate in all cases as a windfall to the person otherwise liable, but the breach precludes a claim to payment and a duty to pay only where the breach has occasioned ‘some procedural or substantive … Continue reading Regentford Ltd, Regina (on the Application of) v Shepway District Council: Admn 25 Oct 2006

Haikal v Council (Judgment): ECFI 16 Dec 2020

Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Rights of the defense – Right to a fair trial – Obligation to state reasons – Right to effective judicial protection – Error of assessment – Right to property – Proportionality – Right to exercise an economic activity – … Continue reading Haikal v Council (Judgment): ECFI 16 Dec 2020

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

Gibraltar v Council: ECJ 29 Jun 1993

(Judgment) European Community jurisdiction on Gibraltar Airport dispute must await UK-Spain agreement. ECJ Article 2(2) of Directive 89/463 concerning the authorization of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, which suspends the application of that directive to Gibraltar airport until the cooperation arrangements for that airport agreed … Continue reading Gibraltar v Council: ECJ 29 Jun 1993

Azarov v Council (Judgment): ECFI 16 Dec 2020

Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies to which the freezing of funds and economic resources applies – Retention of the applicant’s name on the list – Obligation of the Council to verify that the … Continue reading Azarov v Council (Judgment): ECFI 16 Dec 2020

Souruh v Council (Judgment): ECJ 1 Oct 2020

Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against certain persons and entities carrying on their activities in Syria – List of persons and entities to which the freezing of funds applies and economic resources – Inclusion of the applicant’s name – Action for … Continue reading Souruh v Council (Judgment): ECJ 1 Oct 2020

JBF RAK v Council: ECFI 24 May 2012

ECFI Subsidies – Imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates – Definitive countervailing duty and definite collection of provisional duty – Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 – Principle of sound administration Judges: Dittrich P Citations: T-555/10, [2012] EUECJ T-555/10 Links: Bailii European Updated: … Continue reading JBF RAK v Council: ECFI 24 May 2012

Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site. Held: The requests were denied. The claims were not unarguable, and much remained to … Continue reading Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

Nederlandse Antillen v Council: ECJ 22 Nov 2001

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 – Inadmissibility Citations: C-452/98, [2001] EUECJ C-452/98, [2001] ECR I-8973, ECLI:EU:C:2001:623 Links: Bailii Jurisdiction: European European Updated: 31 October 2022; Ref: scu.166904

Syriatel Mobile Telecom v Council (Judgment): ECJ 1 Oct 2020

Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against certain persons and entities carrying on their activities in Syria – List of persons and entities to which the freezing of funds applies and economic resources – Inclusion of the applicant’s name – Action for … Continue reading Syriatel Mobile Telecom v Council (Judgment): ECJ 1 Oct 2020

Otobo, Regina (on The Application of) v Slough Borough Council: Admn 12 Jan 2011

Renewed application by Mr Otobo for permission to apply for judicial review. He had been called in for a voluntary interview by the council investigating whether any offence might have been committed in his claiming of housing benefit. Though warned that it would be held under PACE, and that he would be allowed a solcitor, … Continue reading Otobo, Regina (on The Application of) v Slough Borough Council: Admn 12 Jan 2011

Sophie In ‘T Veld v Council (Access To Documents): ECFI 4 May 2012

ECFI Access to documents – Regulation (EC) No 1049/2001 – Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement – Partial refusal to grant access – Exception relating to the protection of the public interest in the field of international relations – … Continue reading Sophie In ‘T Veld v Council (Access To Documents): ECFI 4 May 2012

Dow Chemical v Council: ECFI 8 May 2012

ECFI Dumping – Imports of ethanolamines originating in the United States – Definitive anti-dumping duty – Expiry of anti-dumping measures – Review – Likelihood of a continuation or recurrence of dumping – Article 11(2) of Regulation (EC) No 1225/2009 Citations: T-158/10, [2012] EUECJ T-158/10 Links: Bailii Statutes: Regulation (EC) No 1225/2009 1192) European Updated: 28 … Continue reading Dow Chemical v Council: ECFI 8 May 2012

Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996

A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996

Saleh Thabet and Others v Council: ECJ 3 Dec 2020

Appeal – Restrictive measures adopted in view of the situation in Egypt – Freezing of funds and economic resources – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicants’ names – Decision of an authority of a third State – Obligation of the … Continue reading Saleh Thabet and Others v Council: ECJ 3 Dec 2020

Ternavsky v Council: ECJ 12 May 2015

Common foreign and security policy – Restrictive measures taken against Belarus – Freezing of funds – Restrictions on entry into and transit through the Union territory – Error of assessment Citations: [2015] EUECJ T-163/12, ECLI:EU:T:2015:271 Links: Bailii Jurisdiction: European Citing: Opinion – Ternavsky v Council ECFI 23-Apr-2012 Merits – Common foreign and security policy – … Continue reading Ternavsky v Council: ECJ 12 May 2015

Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

The council granted a tenancy to the husband many years ago. At various times the couple split up then came back together. The husband was rehoused, but at the time misled the council to say his wife was not living in the flat. When the council sought a possession order, she alleged the action was … Continue reading Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

Bank Refah Kargaran v Council (Appeal – Action for Damages – Restrictive Measures Taken against Iran – Opinion): ECJ 28 May 2020

(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

Antillean Rice Mills v Council: ECJ 22 Nov 2001

Arrangements for association of overseas countries and territories – Imports of rice originating in the overseas countries and territories – Safeguard measures – Regulation (EC) No 304/97 – Action for annulment – Inadmissibility Citations: C-451/98, [2001] EUECJ C-451/98, [2001] ECR I-8763, ECLI:EU:C:2001:622, [2001] ECR I-8949 Links: Bailii Jurisdiction: European European Updated: 17 October 2022; Ref: … Continue reading Antillean Rice Mills v Council: ECJ 22 Nov 2001

Netherlands v Council: ECJ 22 Nov 2001

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 Citations: C-301/97, [2001] EUECJ C-301/97, [2001] ECR I-8853, ECLI:EU:C:2001:621 Links: Bailii Statutes: Regulation (EC) No 1036/97 Jurisdiction: European European Updated: 17 October 2022; … Continue reading Netherlands v Council: ECJ 22 Nov 2001

Commission of The European Communities v United Kingdom Of Great Britain And Northern Ireland (Judgment): ECJ 18 Dec 1986

ECJ Own resources of the European communities – establishment and making available by the member states – request by the commission for advance payment – binding on the member states (council regulation no 2891/77, art. 10 (2) and art. 12 (2)) 2. Own resources of the European communities – establishment and making available by the … Continue reading Commission of The European Communities v United Kingdom Of Great Britain And Northern Ireland (Judgment): ECJ 18 Dec 1986

Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

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

Manufacturing Support and Procurement Kala Naft v Council: ECFI 25 Apr 2012

ECJ Foreign policy and security policy – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Freezing of funds – Action for annulment – Admissibility – Jurisdiction of the Board – Misuse of powers – Entry into force – Non-retroactivity – Obligation to state reasons – Rights of the defense – … Continue reading Manufacturing Support and Procurement Kala Naft v Council: ECFI 25 Apr 2012

Hassan v Council: ECFI 23 Apr 2012

ECFI (Order) (French Text) Interim measures – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Application for interim measures – New Application – Developments – None – Inadmissibility Citations: T-572/11, [2012] EUECJ T-572/11 – O, [2014] EUECJ T-572/11 Links: Bailii, Bailii European, International Updated: 07 … Continue reading Hassan v Council: ECFI 23 Apr 2012

Foshan Shunde Yongjian Housewares and Hardware v Council: ECFI 29 Jan 2008

ECJ (Commercial Policy) Dumping Imports of ironing boards originating in the People’s Republic of China and in Ukraine Market economy enterprise status Rights of defense Article 2 (7) (c) and Article 20 (5) of the Regulation (EC) No 384/96 Citations: T-206/07, [2008] EUECJ T-206/07 Links: Bailii Jurisdiction: European Commercial Updated: 06 October 2022; Ref: scu.264049

Whitefield v General Medical Council: PC 14 Nov 2002

The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights. Held: The conditions were in pursuit of a legitimate aim, and in the wider interest of … Continue reading Whitefield v General Medical Council: PC 14 Nov 2002

N v Her Majestys Revenue and Customs (CHB) (European Union Law – Free Movement): UTAA 31 Jan 2021

A conventional street musician or `busker’, who solicits donations from passers-by, cannot be treated as a self-employed person for the purposes of Council Directive 2004/38/EC, and cannot, therefore, establish a right to reside as a self-employed `qualified person’ under the Immigration (EEA) Regulations 2006. A conventional street musician cannot satisfy the test for self-employment in … Continue reading N v Her Majestys Revenue and Customs (CHB) (European Union Law – Free Movement): UTAA 31 Jan 2021

Fjord Seafood Norway And Alsaker Fjordbruk v Council: ECFI 21 Mar 2012

ECFI Dumping – Imports of salmon originating in Norway – Definition of the Community industry – Like product – Composition of the sample of Community producers Judges: N.J. Forwood, P Citations: T-113/06, [2009] EUECJ T-113/06 Links: Bailii Citing: See Also – Fjord Seafood Norway And Alsaker Fjordbruk v Council 22-Sep-2009 Partial removal from the register … Continue reading Fjord Seafood Norway And Alsaker Fjordbruk v Council: ECFI 21 Mar 2012

AY v Council: ECJ 8 Feb 2012

ECJ Public service – Officials – Promotion – 2010 promotion exercise – Consideration of comparative merits – Failure to take into account the professional development and certification – Error of law Citations: F-23/11, [2012] EUECJ F-23/11, [2014] EUECJ F-23/11 Links: Bailii, Bailii European Updated: 04 October 2022; Ref: scu.451184

Bouillez And Others v Council: ECJ 8 Feb 2012

ECJ Public service – Officials – Promotion – 2010 promotion exercise – Refusal of promotion – Consideration of comparative merits of officials in function group AST following their career paths – Requirement for an institution to disapply a provision of execution status vitiated illegality Citations: F-11/11, [2012] EUECJ F-11/11 Links: Bailii European Updated: 04 October … Continue reading Bouillez And Others v Council: ECJ 8 Feb 2012

The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

CM v Bradford Metropolitan District Council, Secretary of State for Work and Pensions: UTAA 7 Oct 2020

Housing Benefit – whether limiting housing benefit to the one-bedroom shared accommodation rate in accordance with reg 13D(2) of the Housing Benefit Regulation 2006 amounted to unlawful disability discrimination contrary to Article 14 European Convention on Human Rights – application of the `manifestly without reasonable foundation’ test – whether proportionality assessment still required. Citations: [2020] … Continue reading CM v Bradford Metropolitan District Council, Secretary of State for Work and Pensions: UTAA 7 Oct 2020

Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

Juvyns v Council: ECJ 10 Nov 2011

ECJ Public service – Officials – Promotion – 2008 promotion – Consideration of comparative merits – Procedure based on performance reports 2005/2006 – Criterion level of responsibilities exercised Citations: 20/09, [2011] EUECJ 20/09 Links: Bailii European Updated: 26 September 2022; Ref: scu.448350

Cheshire West and Chester Council v P: CA 9 Nov 2011

The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent but without control, would tear off parts of his incontinence pad and … Continue reading Cheshire West and Chester Council v P: CA 9 Nov 2011

Qualitest FZE v Council: ECFI 3 Oct 2011

ECFI Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation of a measure – Lack of urgency Citations: T-421/11, [2011] EUECJ T-421/11 Links: Bailii European Updated: 20 September … Continue reading Qualitest FZE v Council: ECFI 3 Oct 2011

Safa Nicu Sepahan v Council: ECFI 28 Sep 2011

ECFI Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for interim measures – Lack of urgency Citations: T-384/11, [2011] EUECJ T-384/11, [2014] EUECJ T-384/11 Links: Bailii, Bailii European Updated: 20 September … Continue reading Safa Nicu Sepahan v Council: ECFI 28 Sep 2011

Re Council Regulation (EEC) No 1768/92: PatC 31 Jul 2008

Appeal from rejection of an application for a supplementary protection certificate in relation to a European Patent on the basis that the product the subject of the application was not ‘protected’ by the Patent within the meaning of the Article 3(a) of the Regulation. Citations: [2008] EWHC 1902 (Pat) Links: Bailii Statutes: Council Regulation (EEC) … Continue reading Re Council Regulation (EEC) No 1768/92: PatC 31 Jul 2008

Port Autonome de San Pedro (PASP) And Others v Council French Text: ECFI 30 Aug 2011

ECFI REFERENCE for a request for annulment of Regulation (EU) No. 25/2011 of the Council of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Cote d’Ivoire (OJ L 11, p. 1), and the 2011/18/PESC decision of the Council … Continue reading Port Autonome de San Pedro (PASP) And Others v Council French Text: ECFI 30 Aug 2011

Trabelsi And Others v Council: ECFI 14 Jul 2011

ECFI Order – Interim measures – Common foreign and security policy – Restrictive measures against certain persons and entities in view of the situation in Tunisia – Freezing of funds – Application for stay of execution and provisional measures – Lack of urgency Citations: T-187/11, [2011] EUECJ T-187/11 Links: Bailii Jurisdiction: European Cited by: Order … Continue reading Trabelsi And Others v Council: ECFI 14 Jul 2011

Commission of the European Communities v Grand-duche de Luxembourg: 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