Search Results for: EC Treaty Art 12

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Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service … Continue reading Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

Commission v Italy C-388/01: ECJ 16 Jan 2003

Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralized State authorities.Complaint was made that the Italian Republic discriminated against nationals of other … Continue reading Commission v Italy C-388/01: ECJ 16 Jan 2003

Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

H and R Ecroyd v Commission: ECFI 20 May 1999

ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for damage caused by the illegality found – Covered (EC Treaty, Arts 176, 177 and 215, … Continue reading H and R Ecroyd v Commission: ECFI 20 May 1999

Monsanto v Commission: ECFI 22 Apr 1999

ECFI 1 Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision rejecting a subsidiary’s application for inclusion of a pharmacologically active substance in the list of substances not subject to maximum residue limits – Action brought by the parent company – Whether admissible (EC … Continue reading Monsanto v Commission: ECFI 22 Apr 1999

Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

ECFI Nuclear tests conducted by a Member State – Application for interim relief -Article 34 of the EAEC Treaty – Application for suspension of the operation of a Commission decision regarding nuclear tests. In principle, the issue of the admissibility of the main action should not be examined in proceedings relating to an application for … Continue reading Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

ECJ Competition – Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty – Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment – Article 176 of the Treaty – Request for … Continue reading AssiDoman Kraft Products and others v Commission: ECFI 10 Jul 1997

Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

SNCF and British Railways v Commission: ECFI 12 May 1995

ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain and speculative risk – Exclusion – Balance of convenience – (EC Treaty, Art. 185; Rules of Procedure of the Court of First … Continue reading SNCF and British Railways v Commission: ECFI 12 May 1995

Efisol v Commission: ECFI 16 Oct 1996

ECJ 1 Non-contractual liability – Conditions – Illegality – Damage – Causal link (EC Treaty, Art. 215, second para.) 2 Community law – Principles – Protection of legitimate expectations – Conditions 3 Acts of the institutions – Adoption foreseeable by a prudent and discriminating trader – Principle of the protection of legitimate expectations – Not … Continue reading Efisol v Commission: ECFI 16 Oct 1996

Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997

ECJ 1 Common commercial policy – Protection against dumping – Anti-dumping procedure – Right to a fair hearing of the undertaking alleged to have engaged in dumping – Institutions’ duty to provide information – Scope(Council Regulation No 2423/88, Art. 7(4))2 Actions for annulment – Pleas in law – Actions against a Council regulation imposing definitive … Continue reading Ajinomoto and The NutraSweet Company v Council: ECFI 18 Dec 1997

Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

ECJ 1. The Commission is under an obligation, by virtue of Article 34 of the ECSC Treaty, when a judgment is delivered annulling a decision whose effect was limited to a clearly defined period of time, first, to take the measures required to comply with that judgment, not only as regards the annulled measure but … Continue reading Stahlwerke Peine-Salzgitter v Commission: ECFI 27 Jun 1991

Commission v Italy C-145/99: ECJ 7 Mar 2002

Failure by a Member State to fulfil its obligations – Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Directive 89/48/EEC – Access to and practice of the profession of lawyer Citations: [2002] EUECJ C-145/99 Links: Bailii Jurisdiction: European Legal Professions Updated: 05 June 2022; Ref: … Continue reading Commission v Italy C-145/99: ECJ 7 Mar 2002

Commission v Italy – C-298/99: ECJ 21 Mar 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 85/384/EEC – Mutual recognition of formal qualifications in architecture – Access to the profession of architect – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) Citations: C-298/99, [2002] EUECJ C-298/99 Links: Bailii Statutes: Directive 85/384/EEC Jurisdiction: England and Wales … Continue reading Commission v Italy – C-298/99: ECJ 21 Mar 2002

Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

Commission v Belgium C-203/98: ECJ 8 Jul 1999

(Judgment) Failure by a Member State to fulfil its obligations – Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) – Air traffic – Registration of aircraft Citations: C-203/98, [1999] EUECJ C-203/98 Links: Bailii Statutes: EC Treaty 6 52 European Updated: 04 June 2022; Ref: scu.162406

Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

The fact that specific goods bearing a Trade Mark had been authorised for distribution within the EEA, did not mean that the relative trade mark rights had been exhausted. They would only be exhausted where the consent related to each individual item in respect of which the exhaustion was pleaded. National rules providing for exhaustion … Continue reading Sebago and Maison Dubois et Fils SA v GB-Unic SA: ECJ 1 Jul 1999

Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.‘Article [81] of the Treaty constitutes a fundamental provision which is essential for the accomplishment of the tasks entrusted to the Community and, in particular, for the functioning … Continue reading Swiss China Time Ltd v Benetton International NV: ECJ 1 Jun 1999

Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

ECJ It is clear from the very wording of Articles 85(1)(a), (b), (d) and (e) and 86(a) to (d) of the Treaty (now Articles 81(1)(a), (b), (d) and (e) EC and 82(a) to (d) EC) that the same practice may give rise to an infringement of both provisions. Simultaneous application of Articles 85 and 86 … Continue reading Compagnie Maritime Belge Transports and others v Commission: ECJ 16 Mar 2000

Cabour and Nord Distribution Automobile v Arnor ‘SOCO’: ECJ 30 Apr 1998

ECJ (Judgment) Competition – Vehicle distribution – Validity of exclusive dealership agreement – Article 85(1) and (3) of the EC Treaty – Regulation (EEC) No 123/85 – Regulation (EC) No 1475/95 Citations: [1998] EUECJ C-230/96, C-230/96, [1998] EUECJ C-230/96 Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161905

United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998

Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998

Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998

United Kingdom v Commission (Judgment): ECJ 12 May 1998

It follows from Articles 205 and 209 of the Treaty and the second subparagraph of Article 22(1) of the Financial Regulation, read together with paragraph 3(c) of Section IV of the Joint Declaration of 30 June 1982 by the European Parliament, the Council and the Commission, that implementation of Community expenditure relating to any significant … Continue reading United Kingdom v Commission (Judgment): ECJ 12 May 1998

Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

ECJ Freedom of movement for persons – Workers – Equal treatment – Promotion on grounds of seniority – Collective agreement applicable to public sector employees taking into account only periods of employment completed in the national public service but not periods of comparable employment completed in the public service of another Member State – Discrimination … Continue reading Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg (Judgment): ECJ 15 Jan 1998

Deutsche Telekom AG v Schroder: ECJ 10 Feb 2000

ECJ (Judgment) Equal pay for men and women – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Protocol concerning Article 119 of the EC Treaty – Occupational social security schemes – Exclusion of part-time workers from a supplementary … Continue reading Deutsche Telekom AG v Schroder: ECJ 10 Feb 2000

Phytheron International v Bourdon: ECJ 20 Mar 1997

ECJ 1 Preliminary rulings – Jurisdiction of the Court – Limits – Presentation during the procedure before the Court of facts which differ from those described in the order for reference – Obligation of the Court to abide by the facts as stated in the order for reference (EC Treaty, Art. 177; EC Statute of … Continue reading Phytheron International v Bourdon: ECJ 20 Mar 1997

Loendersloot v Ballantine and Son and others: ECJ 11 Nov 1997

ECJ Article 36 of the EC Treaty – Trade mark rights – Relabelling of whisky bottles. Judges: Rodriguez Iglesias, P Citations: C-349/95, [1997] EUECJ C-349/95, [1997] ECR I-6227 Links: Bailii Cited by: Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009 The court was asked as to whether the on-line … Continue reading Loendersloot v Ballantine and Son and others: ECJ 11 Nov 1997

Commission v Germany: ECJ 12 Dec 1996

ECJ (Judgment) 1 Approximation of laws – Quality of fresh waters needing protection or improvement in order to support fish life and quality required of shellfish waters – Directives 78/659 and 79/923 – Need for exact transposition by the Member States (Council Directives 78/659 and 79/923) 2 Member States – Obligations – Implementation of directives … Continue reading Commission v Germany: ECJ 12 Dec 1996

Regina v Intervention Board for Agricultural Produce, ex parte Accrington Beef Co Ltd and Others: ECJ 12 Dec 1996

ECJ 1 Agriculture – Common organization of the markets – Beef and veal – Import rules – Community tariff quotas – Conditions of eligibility for operators other than traditional importers – Export thresholds higher than those required for the two preceding quotas – Misuse of powers – None – Principle of proportionality – Principle of … Continue reading Regina v Intervention Board for Agricultural Produce, ex parte Accrington Beef Co Ltd and Others: ECJ 12 Dec 1996

Decker v Caisse de maladie des employes prives: ECJ 28 Apr 1998

ECJ Judgment – Free movement of goods – Articles 30 and 36 of the EC Treaty – Reimbursement of medical expenses incurred in another Member State – Prior authorisation of the competent institution – Purchase of spectacles Citations: C-120/95, [1998] EUECJ C-120/95, [1998] ECR I-1831, ECLI:EU:C:1998:167 Links: Bailii European Updated: 03 June 2022; Ref: scu.161566

Criminal proceedings against Gallotti and others: ECJ 12 Sep 1996

(Judgment) 1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the latter to define the factual and legislative context of the questions submitted or, at the very least, explain the factual circumstances on which those questions are based. The information provided … Continue reading Criminal proceedings against Gallotti and others: ECJ 12 Sep 1996

Reiseburo Broede v Sandker: ECJ 12 Dec 1996

ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions (EC Treaty, Art. 59) 2 Freedom to provide services – Judicial recovery of debts – Restrictions – Obligation to use the services of a lawyer – Justification on grounds of the general interest – Protection of recipients of services and proper … Continue reading Reiseburo Broede v Sandker: ECJ 12 Dec 1996

Grand garage albigeois and others: ECJ 15 Feb 1996

ECJ (Judgment) Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements merely provides economic agents in the motor vehicle industry with certain possibilities enabling them to remove their distribution and servicing agreements from the scope of the prohibition contained in Article 85(1) … Continue reading Grand garage albigeois and others: ECJ 15 Feb 1996

FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996

ECJ 1. Since, under the common organization of the markets in sheepmeat and goatmeat, the purpose of charging clawback is to avoid disruption of intra-Community trade arising from the application of the variable slaughter premium, it must be charged in such a way that it neutralizes the effect of the premium on departure from the … Continue reading FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996

Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996

ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another … Continue reading Boukhalfa v Bundesrepublik Deutschland: ECJ 30 Apr 1996

MPA Pharma v Rhone-Poulenc Pharma GmbH: ECJ 11 Jul 1996

ECJ 1. Although a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against him, the national court which applies national law and is required to interpret it must as far as possible do so, whether the provisions in question were adopted before or after the … Continue reading MPA Pharma v Rhone-Poulenc Pharma GmbH: ECJ 11 Jul 1996

Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996

Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996

Eurim-Pharm Arzneimittel v Beiersdorf and others: ECJ 11 Jul 1996

ECJ 1. Although a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against him, the national court which applies national law and is required to interpret it must as far as possible do so, whether the provisions in question were adopted before or after the … Continue reading Eurim-Pharm Arzneimittel v Beiersdorf and others: ECJ 11 Jul 1996

United Kingdom v Council of the European Union: ECJ 12 Nov 1996

A directive limiting the maximum work hours for all employees was validly made under art 118a as a Health and Safety measure. LMA Measures appear initially to have derived from policies of job creation and increased employment. John Major’s government saw the initiatives (together with other provisions as part of Social Chapter) as measures which … Continue reading United Kingdom v Council of the European Union: ECJ 12 Nov 1996

Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995

Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995

Parliament v Council: ECJ 5 Jul 1995

ECJ 1. Due consultation of the Parliament in the cases provided for by the Treaty constitutes an essential formal requirement breach of which renders the measure concerned void. The effective participation of the Parliament in the legislative process of the Community, in accordance with the procedures laid down by the Treaty, represents an essential factor … Continue reading Parliament v Council: ECJ 5 Jul 1995

Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997

ECJ 1 Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Temporary suspension of a percentage of the reference quantities exempt from the levy – Conversion into definitive reduction without compensation – Principle of protection of legitimate expectations – Right to property – Principle of proportionality … Continue reading Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General: ECJ 15 Apr 1997

Dubois and Cargo v Garonor: ECJ 11 Aug 1995

ECJ Articles 9 and 12 of the Treaty, which prohibit the levying of customs duties and charges having equivalent effect in intra-Community trade, must be interpreted as applying to a ‘transit charge’ designed to compensate a private undertaking for bearing costs arising from the performance by the customs and veterinary services of their tasks as … Continue reading Dubois and Cargo v Garonor: ECJ 11 Aug 1995

Megner and Scheffel v Innungskrankenkasse Vorderpfalz: ECJ 14 Dec 1995

The mere fact that the legislative provision affects far more women than men at work cannot be regarded as a breach of Article 119 of the Treaty. Citations: C-444/93, [1995] EUECJ C-444/93 Links: Bailii Cited by: Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004 The claimant shared child care … Continue reading Megner and Scheffel v Innungskrankenkasse Vorderpfalz: ECJ 14 Dec 1995

Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

Equal pay provisions apply to piece rate work- Employer to justify differences. where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, so that there is a prima facie case of sex discrimination, article … Continue reading Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

Commission v Luxembourg C-313/93: ECJ 13 Apr 1994

(Judgment) Action against Member States for failure to fulfil obligations – Examination of grounds by the Court – Situation to be taken into consideration – Situation upon the expiry of the period prescribed by the reasoned opinion (EEC Treaty, Art. 1 Citations: [1994] ECR I-1279, [1994] EUECJ C-313/93 Links: Bailii Jurisdiction: European European Updated: 03 … Continue reading Commission v Luxembourg C-313/93: ECJ 13 Apr 1994

Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

ECJ 1. Article 85(1) of the Treaty must be interpreted as meaning that it prohibits an obligation imposed by the leading manufacturer of motor vehicles in a Member State on all its dealers established in that State to develop activities as agents for leasing transactions exclusively for the account of its own leasing company. By … Continue reading Bundeskartellamt v Volkswagen and VAG Leasing (Rec 1995,p I-3477) (Judgment): ECJ 24 Oct 1995

Bayerische Motorenwerke v ALD: ECJ 24 Oct 1995

ECJ (Judgment) 1. Article 85(1) of the Treaty must be interpreted as meaning that it precludes a motor vehicle manufacturer which sells its vehicles through a selective distribution system from agreeing with its authorized dealers that they are not to deliver vehicles to independent leasing companies where, without granting an option to purchase, those companies … Continue reading Bayerische Motorenwerke v ALD: ECJ 24 Oct 1995

Halliburton Services v Staatssecretaris van Financien: ECJ 12 Apr 1994

Articles 52 and 58 of the Treaty preclude the law of a Member State from restricting exemption from the tax on transactions relating to immovable property, which is normally payable in connection with a reorganization within a group of companies only to cases where the company liable for tax acquires immovable property from a company … Continue reading Halliburton Services v Staatssecretaris van Financien: ECJ 12 Apr 1994

Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

Franz Eppe v Commission of the European Communities: ECJ 22 Dec 1993

ECJ 1. It follows from Article 112(1)(c) of the Rules of Procedure of the Court that an appeal which merely reiterates the pleas in law and arguments put forward at first instance in fact constitutes a request for re-examination of the application bought before the Court of First Instance, a matter which falls outside the … Continue reading Franz Eppe v Commission of the European Communities: ECJ 22 Dec 1993

CT Control (Rotterdam) and JCT Benelux v Commission: ECJ 6 Jul 1993

1. Procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force. 2. The statement of reasons required by Article 190 of the Treaty must disclose clearly and unequivocally the … Continue reading CT Control (Rotterdam) and JCT Benelux v Commission: ECJ 6 Jul 1993

H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised … Continue reading H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994

Criminal proceedings against Vanacker and Lesage: ECJ 12 Oct 1993

(Judgment) 1. Under the system of judicial cooperation established by Article 177 of the Treaty, the interpretation of national rules is a matter for the national courts and not for the Court of Justice, even though it has been consistently held that where national rules have been adopted in order to implement a Community directive, … Continue reading Criminal proceedings against Vanacker and Lesage: ECJ 12 Oct 1993

Herbrink v Minister van Landbouw, Natuurbeheer en Visserij: ECJ 27 Jan 1994

ECJ 1. In construing a provision of secondary Community law, preference should as far as possible be given to the interpretation which renders the provision consistent with the Treaty and the general principles of Community law. 2. Under Article 3a(1) of Regulation No 1546/88, as inserted by Regulation No 1033/89, the grant pursuant to Article … Continue reading Herbrink v Minister van Landbouw, Natuurbeheer en Visserij: ECJ 27 Jan 1994

Criminal proceedings against Claeys: ECJ 16 Dec 1992

ECJ (Judgment) 1. A compulsory contribution constituting a parafiscal charge, applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the burden borne by those products, constitutes a … Continue reading Criminal proceedings against Claeys: ECJ 16 Dec 1992

Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992

Europa 1. In the framework of the procedure for cooperation between the Court of Justice and the courts of the Member States provided for by Article 177 of the Treaty, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, having regard to the … Continue reading Lourenco Dias v Director da Alfandega do Porto: ECJ 16 Jul 1992

Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992

ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another … Continue reading Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department: ECJ 7 Jul 1992

Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992

A parafiscal charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products only, so that the advantages accruing from it wholly offset the charge borne by those products, constitutes a charge having an effect equivalent to customs … Continue reading Compagnie commerciale de l’Ouest v Receveur principal des douanes de La Pallice-Port: ECJ 11 Mar 1992

Criminal proceedings against Richardt: ECJ 4 Oct 1991

The existence, as a consequence of the Customs Union, of a general principle of freedom of transit of goods within the Community does not, as Article 10 of Regulation No 222/77 affirms, have the effect of precluding the Member States from verifying the nature of goods in transit, pursuant to the Treaty, in particular Article … Continue reading Criminal proceedings against Richardt: ECJ 4 Oct 1991

Piageme v Peeters: ECJ 18 Jun 1991

ECJ Article 14 of Directive 79/112 on labelling and presentation of foodstuffs, which requires Member States to prohibit the sale of such products within their territories if certain particulars ‘do not appear in a language easily understood by purchasers, unless other measures have been taken to ensure that the purchaser is informed’, requires only the … Continue reading Piageme v Peeters: ECJ 18 Jun 1991

Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

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

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Judgment): ECJ 9 Jul 1991

Europa 1. Regulation No 170/83 represents a carefully achieved balance between the system of exclusive access to coastal waters for national fishermen, a system which, in derogation from the principle of equal access, is allowed by the regulation both to continue and to be extended to the zones situated within the 12-mile limit, and the … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Judgment): ECJ 9 Jul 1991

United Kingdom of Great Britain and Northern Ireland, French Republic and the Federal Republic of Germany v Council of the European Communities (Judgment): ECJ 11 Jun 1991

Europa 1. It follows from the very wording of Article 235 of the Treaty that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question. 2. Article 128 of the Treaty must be … Continue reading United Kingdom of Great Britain and Northern Ireland, French Republic and the Federal Republic of Germany v Council of the European Communities (Judgment): ECJ 11 Jun 1991

Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000

The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief. Held: The court had jurisdiction. An Order in Council banishing British citizens from their home island was unlawful. … Continue reading Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult: Admn 3 Nov 2000

Regina v Secretary of State for Home Department ex parte Shefki Gashi and Secretary of State for Home Department ex parte Artan Gjoka: Admn 15 Jun 2000

When dealing with the argument that there had been delay in dealing with the applications which amounted to a breach of the requirement of the Dublin Convention that the application should be dealt with expeditiously: ‘I have no doubt that these arguments must be rejected. While naturally the Dublin Convention has regard to the need … Continue reading Regina v Secretary of State for Home Department ex parte Shefki Gashi and Secretary of State for Home Department ex parte Artan Gjoka: Admn 15 Jun 2000

Campaign for Nuclear Disarmament (CND) v Prime Minister and others: Admn 17 Dec 2002

CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action in the event of non-compliance by Iraq with its terms. CND said that the purpose of its … Continue reading Campaign for Nuclear Disarmament (CND) v Prime Minister and others: Admn 17 Dec 2002

The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom,The Secretary of State for Foreign and Commonwealth Affairs, The Secretary of State for Defence (2): Admn 5 Dec 2002

The claimants intended to seek a judicial review requesting an interpretation of a resolution of the United Nations Security Council. They sought first, an order pre-emptively to limit their liability for costs. Held: To make such a protective costs order, the court must be satisfied that the issues raised were truly of great public and … Continue reading The Campaign for Nuclear Disarmament v The Prime Minister of the United Kingdom,The Secretary of State for Foreign and Commonwealth Affairs, The Secretary of State for Defence (2): Admn 5 Dec 2002

Regina v Commissioners of Customs and Excise ex parte Lunn Poly and another: Admn 2 Apr 1998

The application of differential rates of insurance premium tax, in order to prevent price shifting between products sold together, was against European law and void. Citations: Times 08-Apr-1998, [1998] EWHC Admin 391 Links: Bailii Statutes: EC Treaty Art 92(1), Finance Act 1997 Jurisdiction: England and Wales European Updated: 27 May 2022; Ref: scu.138512

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

Regina v Secretary of State for Home Department ex Parte: Admn 3 Mar 1997

The section imposed the conduct test as set out in Nielsen, not the narrower approach adopted in Aronson. Citations: [1997] EWHC Admin 208, [1999] QB 886 Links: Bailii Statutes: Extradition Act 1989 11 Citing: Cited – Government of Canada v Aronson; Director of Public Prosecutions v Aronson HL 20-Jul-1989 The Canadian Government asked for the … Continue reading Regina v Secretary of State for Home Department ex Parte: Admn 3 Mar 1997

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

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

Sandoz Prodotti Farmaceutici v Commission: ECJ 11 Jan 1990

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

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

Hydrotherm Geratebau gmbh v Compact del Dott Ing Mario andreoli and c Sas: ECJ 12 Jul 1984

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

Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980

Europa In connection with the task entrusted to it by article 177 of the EEC treaty the court has no jurisdiction to review the application of the provisions of community law to a given case or to criticize the way in which a national court applies community law. However, the need to arrive at a … Continue reading Fonds National De Retraite Des Ouvriers Mineurs (Fnrom) v Yvon Salmon: ECJ 12 Jun 1980

Macarthys Ltd v Smith: ECJ 27 Mar 1980

The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be identified solely with the aid of the criteria of equal work and equal … Continue reading Macarthys Ltd v Smith: ECJ 27 Mar 1980

Rewe-Zentral Ag v Bundesmonopolverwaltung Fuer Branntwein: ECJ 20 Feb 1979

ECJ 1. Since it is a provision relating specifically to state monopolies of a commercial character, article 37 of the EEC Treaty is irrelevant with regard to national provisions which do not concern the exercise by a public monopoly of its specific function – namely, its exclusive right – but apply in a general manner … Continue reading Rewe-Zentral Ag v Bundesmonopolverwaltung Fuer Branntwein: ECJ 20 Feb 1979

SARL Denkavit Loire v Etat Francais, administration des douanes: ECJ 31 May 1979

ECJ Any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier and which is not a customs duty in the strict sense, constitutes a charge having an equivalent effect within the meaning of articles 9, 12, 13 and 16 … Continue reading SARL Denkavit Loire v Etat Francais, administration des douanes: ECJ 31 May 1979