Europa 1. The requirement of relative stability of the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5175) (Judgment): ECJ 13 Oct 1992
Eiropa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5191) (Judgment): ECJ 13 Oct 1992
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991
Europa Member States – Obligations – Implementation of directives – Failure – Justification – Not acceptable (EEC Treaty, Art. 169) A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives. Citations: … Continue reading Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990
Europa 1. Agriculture – Common organization of the markets – Milk and milk products – Butter in public storage – Purchase of butter intended for storage – Storage test period – Testing of the keeping quality of the butter – Testing to be carried out at the end of the test period (Regulation No 685/69 … Continue reading Kingdom of the Netherlands v Commission of the European Communities (Rec 1990,p I-4799) (Judgment): ECJ 13 Dec 1990
The applicant sought an advisory order from the court to interpret the meaning of United Nations Security Council resolution no 1441 with regard to steps to be taken under the resolution in the event of the failure of Iraq to comply. Held: A review was granted, but the court then declined to allow itself jurisdiction … Continue reading The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom and Others: QBD 17 Dec 2002
The ratification by the government of a Treaty may create a legitimate expectation that its terms will be applied in dealing with an individual affected by it. (Woolf) ‘I will accept that the entering into a treaty by the Secretary of State could give rise to a legitimate expectation on which the public in general … Continue reading Regina v Secretary of State for Home Department ex parte Mohammed Hussain Ahmed and Idris Ibrahim Patel: Admn 27 Apr 1998
Citations: [1998] EWHC Admin 421 Links: Bailii Citing: Appealed to – Regina v Secretary of State for Home Department ex parte Behluli CA 7-May-1998 The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the … Continue reading Regina v Secretary of State for Home Department ex parte Milazim Behluli: Admn 8 Apr 1998
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
ECJ 1. The systematic dispatching by a supplier to his customers of invoices bearing the words ‘Export prohibited’ constitutes an agreement prohibited by Article 85(1 ) of the Treaty, and not unilateral conduct, when it forms part of a set of continuous business relations governed by a general agreement drawn up in advance, based on … Continue reading Sandoz Prodotti Farmaceutici v Commission: ECJ 11 Jan 1990
ECJ (Competition )1. An investigation carried out by the commission in fulfilment of its duty to ensure that the rules on competition are observed does not constitute adversary proceedings between companies which have submitted an application under article 3 of regulation no 17/62, having shown that they have a legitimate interest in seeking an end … Continue reading British-American Tobacco Company Ltd, R J Reynolds Industries Inc v Commission Of The European Communities: ECJ 17 Nov 1987
Europa An action by the Commission pursuant to Article 169 of the Treaty against a Member State for failure to fulfil its obligations, the bringing of which is a matter for the Commission in its entire discretion, is objective in nature. In the context of the balance of powers between the institutions laid down in … Continue reading Commission v United Kingdom: ECJ 21 Jun 1988
ECSC – production – steel production quotas – transfer of quotas – supervision by the commission – requirements – observance of the quarterly nature of quotas(ECSC Treaty, art. 58; decision no 2177/83, art. 11(4)*) although under article 11(4) of decision no 2177/83 undertakings may, after giving prior notice to the commission, make transfers of quotas … Continue reading Cockerill-Sambre v Commission: ECJ 24 Feb 1987
ECJ Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even … Continue reading Basset v Sacem (Rec 1987,P 1747) (Judgment): ECJ 9 Apr 1987
Europa Any proceedings between an official and the institution by which he is employed, even if they involve an action for compensation, fall, where they originate in the relationship of employment between the person concerned and the institution, under article 179 of the eec treaty ( or article 152 of the eaec treaty ) and … Continue reading Pomar v Commission: ECJ 10 Jun 1987
ECJ 1. The purpose of the pre-litigation procedure provided for by article 169 of the Treaty, which forms part of the general supervisory tasks entrusted to the commission by the first indent of article 155, is to give the member state concerned an opportunity either to justify its position or, if it so wishes, to … Continue reading Commission v Belgium: ECJ 18 Mar 1986
ECJ 1. The statement of objections, the aim of which is to provide undertakings alleged to have infringed the rules of competition with all the information they need to enable them to defend themselves effectively before the Commission adopts a final decision, must be couched in terms that, albeit succinct, are sufficiently clear to enable … Continue reading A Ahlstrom Osakeyhtio and others v Commission: ECJ 31 Mar 1993
Europa Application for a declaration that a measure is void – Action brought against a regulation imposing a provisional anti-dumping duty – Adoption during the proceedings of a regulation (also challenged) imposing a definitive anti-dumping duty at a lower rate, which was rendered applicable ab initio – Application devoid of purpose – Decision unnecessary (EEC … Continue reading Brother Industries Ltd v Commission of the European Communities (Rec 1988,P 5655) (Judgment): ECJ 5 Oct 1988
1. Article 215 of the Treaty does not prevent the court from being asked to declare the community liable for imminent damage foreseeable with sufficient certainty even if the damage cannot yet be precisely assessed.2. The lawfulness of Regulations nos 855/84 and 2677/84 cannot be called in question with regard to article 39 (1) of … Continue reading Zuckerfabrik Bedburg v Council and Commission: ECJ 14 Jan 1987
Europa In competition law, the term ‘ undertaking ‘ must be understood as designating an economic unit for the purposes of the subject-matter of the agreement in question even if in law that economic unit consists of several persons, natural or legal. Regulation nr 67/67 of the commission on the application of article 85 (3) … Continue reading Hydrotherm Geratebau gmbh v Compact del Dott Ing Mario andreoli and c Sas: ECJ 12 Jul 1984
Although the Commission is not competent to determine the scope of a patent, it is still the case that it may not refrain from all action when the scope of the patent is relevant for the purposes of determining whether there has been an infringement of article 85 or 86 of the treaty. Even in … Continue reading Windsurfing International v Commission: ECJ 25 Feb 1986
Europa A regulation introducing an anti-dumping duty constitutes a decision of direct and individual concern, within the meaning of the second paragraph of article 173 of the EEC Treaty, to an undertaking if it is established that the objections of that undertaking, being the only manufacturer of the product in question in one member state … Continue reading Timex v Council and Commission: ECJ 20 Mar 1985
Europa Failure of a State to fulfil its obligations – Protection of animal health. 1. Although under article 36 of the treaty it is for each of the member states to determine, and, if appropriate, to alter its policy relating to animal health, the effects of health policy on imports from other member states cannot … Continue reading Commission v United Kingdom (Judgment) Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 15 Jul 1982
Europa Officials – applications to the court – application directed against a regulation – absence of act adversely affecting the official -inadmissibility (EEC treaty, art. 173; staff regulations of officials, arts 90 and 91; council regulations nos 3085 and 3086/78 amending the staff regulations of officials) regulations nos 3085 and 3086/78 are of general application … Continue reading Gordon Craigie Bowden and others v Commission of the European Communities: ECJ 16 Jul 1981
ECJ 1. In the absence of notification in accordance with the requirements of regulation no 17 and regulation no 1133/68, an agreement may not have exemption under article 85(3) of the eec treaty, even if the text of the agreement was communicated to the commission subsequent to a request for information made by the latter. … Continue reading Distillers v Commission: ECJ 10 Jul 1980
ECJ Observance of the right to be heard is required in all proceedings in which sanctions, in particular fines or penalty payments, may be imposed as a fundamental principle of community law. It must be respected even if the proceedings in question are administrative proceedings. In the matter of competition and in the context of … Continue reading Hoffmann-La Roche v Commission: ECJ 13 Feb 1979
ECJ Neither the rules of the treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the member states of the community from exercising his right in … Continue reading EMI Records v CBS Grammofon: ECJ 15 Jun 1976
ECJ 1. The provisional character conferred by article 9(3) of Regulation no 17 on steps taken by national authorities in connexion with the implementation of article 85 of the EEC Treaty cannot call in question the Commission’s exercise to the full of its powers within the framework of the common market. 2. In order to … Continue reading ACF Chemiefarma v Commission: ECJ 15 Jul 1970
ECJ 1. Policy of the EEC- competition – agreements between undertakings – prohibition in article 85(1) – consideration of the economic and legal context 2. Policy of the EEC – competition – agreements which may effect trade between member states – concept (EEC treaty, article 85) 3. Policy of the EEC – competition – brewery … Continue reading S A Brasserie de Haecht v Consorts Wilkin-Janssen: ECJ 12 Dec 1967
ECJ The restrictive nature of article 85(1) is incompatible with any extension of the prohibition for which it provides beyond the three categories of agreement exclusively enumerated therein. The existence of the rights granted by a member state to the holder of a patent is not affected by the prohibitions contained in articles 85(1) and … Continue reading Parke, Davis and Co v Probel, Reese, Beintema-Interpharm and Centrafarm: ECJ 29 Feb 1968
Europa 1. ECSC treaty – economic and social provisions – prices – discriminatory practices – comparable transactions – concept (ECSC treaty, article 60(1)) 2. ECSC treaty – economic and social provisions – prices – discriminatory practices – identical final price applied to comparable transactions – possibility of discrimination not excluded by this fact alone (ECSC … Continue reading De Wendel and Cie SA v Commission of the European Communities (Judgment): ECJ 11 Jun 1968
Europa Measures adopted by an institution – proceedings instituted by individuals – regulation – possibility of measures of individual concern contained in a regulation (EEC treaty, article 173, second paragraph, article 189, second paragraph) 2. Measures adopted by an institution – proceedings instituted by individuals – provisions of regional significance, not of individual concern to … Continue reading Industria Molitoria Imolese and others v Council of the European Communities (Judgment): ECJ 13 Mar 1968
ECJ 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to them is authentic. 2. During administrative proceedings before the commission concerning the application of article 85 of the eec treaty the parties concerned must be informed of the facts upon which the … Continue reading Grundig v Commission EEC: ECJ 16 Jun 1965
Europa Individual measure adopted by an institution – authentic text (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – application of article 85 of the EEC treaty – proceedings before the commission – prior notification of the parties concerned – purpose 3. Policy of the EEC – … Continue reading Etablissements Consten S a R L and Grundig-Verkaufs-GmbH v Commission of the European Economic Community: ECJ 13 Jul 1966
(Divisional and Court of appeal) The claimants sought judicial review of a condition requiring an employee to have had two years of continuous employment before becoming eligible to make a claim for unfair dismissal. This condition was neutrally expressed and all employees, regardless of age, had to satisfy it in order to qualify to bring … Continue reading Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another: QBD 1995
Europa An investigation carried out by the commission in fulfilment of its duty to ensure that the rules on competition are observed does not constitute adversary proceedings between companies which have submitted an application under article 3 of regulation no 17/62, having shown that they have a legitimate interest in seeking an end to the … Continue reading British-American Tobacco Company Ltd and R J Reynolds Industries Inc v Commission of the European Communities: ECJ 17 Nov 1987
Provided there was sufficient correspondence between the offence alleged to have taken place in Ireland and a serious offence in England, it was proper to order his return to Ireland under an Irish warrant. There is no extradition treaty between the two countries, but the system was properly recorded in the 1965 Act. There was … Continue reading Regina v Governor of Belmarsh Prison and Another, Ex Parte Gilligan; Regina v Governor of Exeter Prison and Another, Ex Parte Ellis: HL 1 Dec 1999
The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to … Continue reading Brown v Rentokil Ltd: ECJ 30 Jun 1998
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – Right of residence for students – National legislation which guarantees a minimum subsistence allowance only for nationals, … Continue reading Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve: ECJ 20 Sep 2001
ECJ Lack of jurisdiction of national courts to declare acts of Community institutions invalid – Validity of a decision on the post-clearance recovery of import duties. Citations: C-314/85 Jurisdiction: European Cited by: Cited – H J Banks and Co Ltd v British Coal Corporation ECJ 13-Apr-1994 The European Commission has exclusive jurisdiction over ECSC treaty … Continue reading Foto-Frost v Hauptzollamt Lubeck-Ost: ECJ 22 Oct 1987
Lloyds Name is a separate undertaking and Lloyds’ is an association of undertakings. Citations: Gazette 29-Nov-1995 Statutes: EC Treaty Art 85 Jurisdiction: European Citing: Reference from – Society of Lloyd’s v Clementson and Another CA 11-Nov-1994 It was arguable that a central insolvency fund created to manage the Lloyd’s liabilities distorted competition, and was therefore … Continue reading Society of Lloyd’s v Clementson: ECJ 29 Nov 1995
ECJ ECSC – State aid – Individual decision refusing to authorize the grant of State aid to a steel-making undertaking – Suspension of operation of a measure – Necessary interim measures – Interest in obtaining the interim measures sought – Application dismissed. A decision of the Commission refusing authorization for the grant of State aid … Continue reading Moccia Irme SpA v Commission of the European Communities: ECFI 17 Dec 1996
1 Any measure the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or a decision which may be the subject of an action under Article 173 of the Treaty for a declaration that it … Continue reading Regione Toscana v Commission: ECFI 16 Jul 1998
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999
The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this … Continue reading Commission of the European Communities v Ireland: ECJ 19 Oct 1999
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001
Europa Article 85 of the EC Treaty (now Article 81 EC) – Compliance with a judgment of the Court of First Instance – Reimbursement of bank guarantee charges – Non-contractual liability of the Community Citations: T-28/03, [2005] EUECJ T-28/03 Links: Bailii Jurisdiction: European Commercial Updated: 24 April 2022; Ref: scu.224398
Europa 1 By an application lodged at the Court Registry on 16 March 1990, Mr Y . Blot, a Member of the European Parliament belonging to the Group of the European Right, and the Front national, a non-profit-making association governed by the French Law of 18 July 1901, represented by its chairman Mr Le Pen, … Continue reading Blot and Front National v Parliament (Rec 1990,p I-2177) (Order): ECJ 23 May 1990
ECJ Application for interim measures – suspension of operation of a measure -interim measures – conditions for granting – weighing up all the interests concerned (EEC treaty, arts 185 and 186; rules of procedure, art. 83 (2)). Suspension of operation and other interim measures cannot be considered unless the factual and legal circumstances relied upon … Continue reading Nippon Seiko KK v Council of The European Communities: ECJ 17 Dec 1984
Common customs tariff – alteration or suspension of import duties – powers of the council – limits (eec treaty, art. 28; council regulation no 2841/79) although article 28 of the EEC treaty, which concerns autonomous alterations or suspensions of common customs tariff duties, leaves the council considerable discretion, it is for the court to ascertain … Continue reading Texas Instruments v Hauptzollamt Munchen-Mitte (Judgment): ECJ 14 Nov 1985
Europa ‘I would add that the acceptance of civil disturbances as justification for encroachments upon the free movement of goods would, as is apparent from experiences of the last year (and before, during the Franco-Italian ‘wine war’) have unacceptably drastic consequences. If road-blocks and other effective weapons of interest groups which feel threatened by the … Continue reading Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville: ECJ 29 Jan 1985
Europa Free movement of goods – quantitative restrictions – measures having equivalent effect – legislation requiring an indication of origin on certain products – prohibited – consumer protection – not a permissible ground of justification (EEC treaty, art. 30) national legislation prohibiting the retail sale of certain products imported from other member states unless they … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 25 Apr 1985
Europa All trading rules enacted by member states which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions. In the absence of a community system guaranteeing for consumers the authenticity of a product’s designation or origin, member states may … Continue reading Procureur du Roi v Benoit and Gustave Dassonville (Judgment): ECJ 11 Jul 1974
Europa 1. Procedure – preliminary ruling – jurisdiction of the court of justice – limits (EEC treaty, article 177) 2. Policy of the EEC – rules on competition between undertakings – agreements which may affect trade between member state – concept (EEC treaty, article 85) 3. Policy of the EEC – rules on competition between … Continue reading Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969
Europa 1. Procedure – preliminary questions – jurisdiction of the court – limits – task of the national courts (EEC treaty, article 177) 2. Policy of the EEC – rules on competition – agreements – notification – prohibition of an agreement notified – condition of prohibition (EEC treaty, article 85; regulation no 17/62 of the … Continue reading S A Portelange v S A Smith Corona Marchant International and others (Judgment): ECJ 9 Jul 1969
Europa 1. Policy of the EEC – common rules – tax provisions – imports from third countries – inapplicability of article 95 of the EEC treaty 2. Agriculture – common agricultural policy – common organization of the markets – turnover equalization tax – not a charge having an effect equivalent to that of custom duties … Continue reading Firma Kunstmuhle Tivoli v Hauptzollamt Wurzburg (Judgment): ECJ 4 Apr 1968
Europa 1. Policy of the EEC – common rules – tax provisions – cumulative multi-stage tax – average rates for imported products within the meaning of the first paragraph of article 97 – no individual rights 2. Policy of the EEC – common rules – tax provisions – cumulative multi-stage tax – average rates for … Continue reading Firma Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 4 Apr 1968
Europa 1. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – absence of similar domestic products or other products capable of being protected – permissibility (EEC treaty, article 95) 2. Quantitative restrictions and taxes – different nature – joint … Continue reading Firma Fink-Frucht GmbH v Hauptzollamt Munchen-Landsbergerstrasse: ECJ 4 Apr 1968
Europa 1. European economic community – nature – natural or legal persons having rights and obligations – individuals – provisions of the treaty having direct effect – concept 2. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – prohibition … Continue reading Firma Molkerei-Zentrale Westfalen/Lippe GmbH v Hauptzollamt Paderborn: ECJ 3 Apr 1968
Europa Measures adopted by an institution – decision – concept (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – infringements – fines – exemption – refusal by the commission – procedure to be followed before giving a refusal – statement of reasons (EEC treaty, articles 85, 86; … Continue reading Societe anonyme Cimenteries C B R Cementsbedrijven N V and others v Commission of the European Economic Community (Judgment): ECJ 15 Mar 1967
Europa 1. Policy of the EEC – rules on competition applicable to undertakings – regulations to be adopted by the council – discretionary powers of the latter – scope (EEC treaty, article 87) 2. Policy of the EEC – rules on competition applicable to undertakings – agreements – prohibition – exemption for categories of agreements … Continue reading Italian Republic v Council of the European Economic Community and Commission of the European Economic Community (Judgment): ECJ 13 Jul 1966
Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966
Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966
An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the … Continue reading Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000
A ban on tobacco advertising had been reached on the wrong legal basis under the Treaty, and was accordingly invalid. The Directive had been adopted under article 100a, but that was concerned only with measures to support harmonisation of member legal systems. The true aim of the directive was to improve health levels, but article … Continue reading Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000
Net book agreement was not in conflict with EEC treaty – only applies within UK. Citations: Times 31-Jan-1995 Statutes: EECTreaty 85(1) European Updated: 09 April 2022; Ref: scu.85077
A voluntary bonus paid by an employer to its staff at Christmas was ‘pay’ within Art 14 of the EC Treaty, where it was paid to encourage or reward for loyalty and work. Such a payment was not a ‘payment’ within the rules governing measures to encourage health and safety of pregnant and breast feeding … Continue reading Lewen v Denda (Case C-333/97): ECJ 16 Nov 1999
A provision in a lease of licensed premises which provided for an increase in rent if a tie as to purchase of beer was found to be unlawful under European Law, was not itself unlawful. It was not illegal nor anti-competitive since regulations change. Citations: Times 04-Dec-1998 Statutes: ECTreaty Art 85 Commercial Updated: 08 April … Continue reading Innterpreneur Pub Company (Cpc) Ltd v Price: ChD 4 Dec 1998
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
The House was asked as to the effect of the section. Held: Since the provisions of the statute under consideration were designed to give domestic effect to an international convention, a broad and liberal construction should be given to them Judges: Lord Brandon of Oakbrook Citations: [1985] AC 711 Statutes: Supreme Court Act 1981 20(2)(h) … Continue reading Samick Lines Co Ltd v Owners of The Antonis P Lemos: HL 2 Jan 1985
(Judgment) European trade mark – Invalidity proceedings – European figurative trade mark wax by Yuli’s – Earlier word mark of the European word association MADWAX and earlier national figurative mark wax – Article 53 (1) (a) of the EC Treaty Regulation (EC) No 207/2009 – Likelihood of confusion – Article 8 (1) (b) of Regulation … Continue reading Gomez Echevarria v EUIPO – M and M Direct (Wax By Yuli’s): ECFI 1 Feb 2017
Orse In the Matter of Wadsworth and R of Spain In the Matter of De Haber and R of Portugal Property in England, belonging to a foreign sovereign prince in his public capacity, cannot be seized under process in a suit instituted against him in this country on a cause of action arising here, And, … Continue reading De Haber v The Queen of Portugal: 1851
Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the application, seeking to crystallise PMS, would be able to overcome any … Continue reading Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Article 119 of the EC Treaty (subsequently Article 141 EC) – Directive 75/117/EEC – Equal pay for men and women – Article 1 – Directive 92/85/EEC – Measures to improve the safety and health at work of pregnant workers and workers who have recently … Continue reading Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero: ECJ 14 Jul 2016
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
Europa Appeal – Competition – Cement market – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Jurisdiction of the Court of First Instance – Rights of the defence – Access to the file – Single and continuous infringement – Liability for an infringement – Evidence of participation in the general agreement and … Continue reading Aalborg Portland A/S, Irish Cement Ltd, Ciments francais, Italcementi – Fabbriche Riunite Cemento SpA; Buzzi Unicem SpA; Cementir v Commission: ECJ 7 Jan 2004
1. The requirements flowing from the protection of fundamental rights in the Community legal order are also binding on Member States when they implement Community rules, with the result that Member States must, as far as possible, apply those rules in accordance with those requirements. Where reference is made to the Court for a preliminary … Continue reading Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock: ECJ 24 Mar 1994
Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016
ECJ Judgment – Competition – Cartels – Markets concrete reinforcing bars in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing prices and payment terms – Limiting or controlling production or sales – Excess of … Continue reading Alfa Acciai v Commission: ECFI 9 Dec 2014
ECJ The agreements laying down a selective distribution system based on criteria for admission which go beyond a mere objective selection of a qualitative nature exhibit features making them incompatible with article 85(1) of the EEC treaty where such agreements, either individually or together with others, may, in the economic and legal context in which … Continue reading Nv L’Oreal And Sa L’Oreal v Pvba De Nieuwe Amck: ECJ 11 Dec 1980
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there. Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not established any other home elsewhere in the United Kingdom and had retained ‘sufficient continuing links’ … Continue reading Gillow v The United Kingdom: ECHR 24 Nov 1986
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles. Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It … Continue reading Henn and Darby v Director of Public Prosecutions: HL 1980
ECJ 1. The aim of article 92 is to prevent trade between member states from being affected by benefits granted by the public authorities which, in various forms, distort or threaten to distort competition by favouring certain undertakings or the production of certain goods. That article does not therefore distinguish between the measures of state … Continue reading Deufil v Commission: ECJ 24 Feb 1987
ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation … Continue reading Tsimenta Chalkidos v Commission: ECJ 15 Mar 2000
Actions for annulment – Pleas in law – Error of fact underlying a decision applying the competition rules – Annulment of the decision – (EC Treaty, Art. 85; Council Regulation No 1017/68, Art. 5)A decision which applies the competition rules to an agreement between undertakings in the rail transport sector must be annulled if the … Continue reading SNCF and British Railways v Commission: ECFI 22 Oct 1996
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011
The plaintiffs tried to restrain the defendant from pursuing an action in the US courts claiming that the plaintiffs had acted together in an unlawful conspiracy to undermine the defendant’s business. Held: The action in the US were unlawful under the Sherman and Clayton acts, but were not unlawful in English law. The English courts … Continue reading British Airways Board v Laker Airways Limited: HL 1985
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. Tne relationship is in contract between the club and its member. Sir Thomas Bingham MR: ‘No serious racecourse management, owner, trainer … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any charges having an equivalent effect’. Van Gend challenged the action of the Dutch authorities before an administrative tribunal. The tribunal, in … Continue reading Van Gend En Loos v Administratie Der Belastingen: ECJ 5 Feb 1963
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
Failure to Publish Contracts awards details Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under emergency conditions and provisions, but there remained a requirement that … Continue reading Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
