Europa Article 30 of the Treaty is to be interpreted as meaning that the prohibition which it lays down does not apply to national legislation prohibiting retailers from opening their premises on Sundays. Citations: C-306/88, R-306/88, [1992] EUECJ R-306/88 Links: Bailii European, Commercial Updated: 23 May 2022; Ref: scu.134965
ECJ 1. According to well-established case-law, a Member State cannot plead provisions, practices or circumstances existing in its internal legal system in order to defend a failure to comply with obligations and time-limits laid down in Community directives.2. If the Member State to which a reasoned opinion has been issued has not, by the end … Continue reading Commission v Greece: ECJ 6 Dec 1989
Europa 1. Action against a Member State for failure to fulfil its obligations -Reasoned opinion – Need for a detailed statement of the complaints (EEC Treaty, Art. 169) 2. Action against a Member State for failure to fulfil its obligations -Application initiating the proceedings – Statement of complaints and submissions – Mere reference to the … Continue reading Commission of the European Communities v Hellenic Republic (Rec 1990,P I-4747) (Judgment): ECJ 13 Dec 1990
The Treaty of Union, article 20, enacts ‘That all heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, be reserved to the owners thereof as rights of property, in the same manner as they are now enjoyed by the laws of Scotland notwithstanding this Treaty.’ The Usher of the White Rod at … Continue reading Walker Trustees v Lord Advocate and Others: HL 1 Dec 1911
Europa Aid granted by states – commission decision declaring aid incompatible with the common market – obligation of the member state concerned (EEC treaty, arts 92 and 93) Where a formal decision has been adopted by the commission declaring aid granted by a state to be incompatible with the common market, the member state concerned … Continue reading Commission v Italy (Rec 1984,P 2849) (Judgment): ECJ 11 Jul 1984
Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council) 1. The … Continue reading Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment): ECJ 4 Mar 1980
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
LMA Ms Defrenne was an air hostess employed by SABENA, a Belgian airline company. She brought an action against the airline based on Art.119 [now141] EC. Ms Defrenne claimed that in paying their male stewards more than their air hostesses, when they performed identical tasks, Sabena were in breach of Art.119EC. The question to the … Continue reading Defrenne v Sabena Airlines: ECJ 15 Jun 1978
Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 1974
Europa The notice of objections is the measure stating the final attitude of the commission concerning undertakings against which proceedings for infringement of the rules on competition have been commenced. In order to protect the rights of the defence during the course of the administrative procedure, those concerned must be informed of the essential elements … Continue reading Badische Anilin- and Soda-Fabrik AG (BASF) v Commission of the European Communities.: ECJ 14 Jul 1972
ECJ (Judgment) Social security for migrant workers – rules of community law – limitation of benefits arising from the application of community regulations – maintenance of advantages obtained outside community regulations. (EEC treaty, articles 48 to 51) It is incompatible with the objectives of articles 48 to 51 of the EEC treaty which constitute the … Continue reading Caisse d’assurance vieillesse des travailleurs salaries de Paris v Duffy: ECJ 10 Dec 1969
Europa 1. Common financial arrangements – equalization of ferrous scrap – own resources of scrap – concept (ECSC treaty, article 53) 2. Common financial arrangements – undertakings liable to pay contributions – concept (ECSC treaty, articles 53, 80) 3. Common financial arrangements – equalization of ferrous scrap – bought scrap added to stock – system … Continue reading Acciaierie e Ferriere di Solbiate SpA v High Authority of the ECSC: ECJ 16 Jun 1966
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a national representative team level. If it was derived from a proper need inherent in the … Continue reading Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others: ECJ 11 Apr 2000
The social purposes of the Treaty in article 119 (141 EC) overrode the economic aims of the Treaty. Accordingly the article did not preclude a requirement upon a member state which imposed obligations to satisfy that social aim, even though it migt have economic consequences which risked an adverse effect upon that member states international … Continue reading Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another: ECJ 28 Mar 2000
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 Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011
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
The court considered the right of a worker claiming a community right to work here: ‘the underlying principle is that, in order to render a community right effective, it may be necessary to recognise a derivative right in a non-national who has no independent community rights.’ The Austrian employer would not be able to exercise … Continue reading Regina (on the application of Loutchansky and Others) v The First Secretary of State: 2005
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 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
ECJ National rules prohibiting the registration of mortgages in foreign currencies – Breach of that prohibition before Community law entered into force in Austria – Interpretation of Article 73b of the EC Treaty (now Article 56 EC) – Whether Community law can operate to remedy the registration) Judges: A. La Pergola, P Citations: [2001] EUECJ … Continue reading Westdeutsche Landesbank Girozentrale v Stefan: ECJ 11 Jan 2001
An individual has no standing directly to enforce European Treaty without clear rights given. Citations: Gazette 15-Sep-1995 Jurisdiction: England and Wales European Updated: 28 April 2022; Ref: scu.87849
Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state. Citations: Times 01-Dec-1998, C-274/96, [1998] EUECJ C-274/96 Links: Bailii Statutes: ECTreaty Art 177 Jurisdiction: European Cited by: Cited – Collins v … Continue reading Criminal Proceedings Against Bickel and Franz: ECJ 1 Dec 1998
ECJ Status of Gibraltar – Freedom To Provide Services – Purely Internal Situation – Inadmissibility : Judgment Citations: [2017] WLR(D) 166, [2018] 1 CMLR 362, ECLI:EU:C:2017:449, [2017] EUECJ C-591/15, [2017] 4 WLR 67, [2017] 4 WLR 167 Links: Bailii, WLRD Jurisdiction: European Citing: Cited – Department of Health and Social Security v Barr and Montrose … Continue reading The Gibraltar Betting and Gaming Association v Revenue and Customs Commissioners and another (Government of Gibraltar intervening): ECJ 13 Jun 2017
Public interest elements could justify national rules providing for a state monopoly on the running of licensed slot machines. Such rules were a restriction on the freedom to trade, but in this case, this was justified by public policy considerations. Citations: Times 20-Oct-1999, C-124/97) Statutes: ECTreaty Art 49 Licensing, European Updated: 09 April 2022; Ref: … Continue reading Laara and Others v Kihlakunnansyyttaja (Jyvilskyla) and Others: ECJ 20 Oct 1999
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
ECJ References for a preliminary ruling: Tribunale di Milano (C-387/02 and C-403/02) and Corte d’appello di Lecce (C-391/02) – Italy. Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, … Continue reading Criminal proceedings against Silvio Berlusconi and Others: ECJ 3 May 2005
Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – Annual … Continue reading Berlusconi (Law Relating To Undertakings) 2: ECJ 3 May 2005
Europa Company law – Article 5 of the EEC Treaty (subsequently Article 5 of the EC Treaty, in turn Article 10 EC) and Article 54(3)(g) of the EEC Treaty (subsequently Article 54(3)(g) of the EC Treaty, in turn, after amendment, Article 44(2)(g) EC) – First Directive 68/151/EEC, Fourth Directive 78/660/EEC and Seventh Directive 83/349/EEC – … Continue reading Berlusconi (Law Relating To Undertakings) 3: ECJ 3 May 2005
ECJ Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance … Continue reading Commission v Belgium C-522/04: ECJ 3 Oct 2006
(Judgment) Failure of a Member State to fulfil its obligations – Article 59 of the EC Treaty (now, after amendment, Article 49 EC) – Regulation (EEC) No 2408/92 – Access for Community air carriers to intra-Community air routes – Departure tax [2001] EUECJ C-447/99, ECLI:EU:C:2001:382, [2001] ECR I-5203 Bailii European Transport Updated: 26 January 2022; … Continue reading Commission v Italy C-447/99: ECJ 4 Jul 2001
Europa Equal pay for men and women – Conditions of application – Difference in pay – Definition of ‘the same work and ‘work of equal value – Classification, under a collective agreement, in the same job category – Burden of proof – Objective justification for unequal pay – Effectiveness of a specific employee’s work.Ms Brunnhofer … Continue reading Brunnhofer v Bank der Osterreichischen Postparkasse AG: ECJ 26 Jun 2001
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
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 Failure of a Member State to fulfil obligations Freedom to provide services Article 49 EC Annex XII to the Act of Accession List referred to in Article 24 of the Act of Accession: Poland Chapter 2, paragraph 13 Possibility of derogation by the Federal Republic of Germany from the first paragraph of Article 49 … Continue reading Commission v Germany (Freedom To Provide Services): ECJ 21 Jan 2010
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 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
Community law, and in particular the machinery of the common agricultural policy laid down for the cereals sector in, inter alia, Regulation No 2727/75 on the common organization of the market in cereals, precludes a Member State from levying a charge on a limited number of agricultural products over a prolonged period where that charge … Continue reading Sanders Adour and Guyomarc’h Orthez v Directeur des services fiscaux des Pyrenees-Atlantiques: ECJ 11 Jun 1992
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
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
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
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to which Directive 92/50 relating to the coordination of procedures … Continue reading Parking Brixen v Gemeinde Brixen: ECJ 13 Oct 2005
bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way Implementation by a Member State Transfer of powers to regional authorities of a Member State Discrimination contrary to Community lawThe Court considered a Memorandum of … Continue reading Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: ‘guidance is assistance in reaching a decision proffered to him who has to make … Continue reading Laker Airways v Department of Trade: CA 15 Dec 1976
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
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
It was proper for a national patents system to require that before any patent was lodged with that nation’s patents registrar, any European Patent granted should become deemed void ab initio unless it was translated into the national language of . .
ECJ (Opinion of Geelhoed AG) Interpretation of Articles 43 and 56 EC and Articles 4(1) and 6 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent . .
Appeal from refusal of continuance of anti-suit injunction Judges: Flaux, Males, Popplewell LJJ Citations: [2020] EWCA Civ 599, A4/2019/2516, A4/2019/2516(A) Links: Bailii, udiciary Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and … Continue reading SAS Institute Inc v World Programming Ltd: CA 12 May 2020
Continuation of anti-suit injunction – refused Judges: Cockerill J Citations: [2019] EWHC 2481 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty … Continue reading SAS Institute Inc v World Programming Ltd (Injunction): ComC 25 Sep 2019
The parties sought to agree the terms of a reference to the European Court of Justice. Judges: Arnold J Citations: [2010] EWHC 3012 (Ch), [2011] 2 CMLR 9, [2011] FSR 12, [2011] Eu LR 303 Links: Bailii Statutes: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs Jurisdiction: England and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright law. Held: Arnold J said: ‘Skill, judgement and labour in devising ideas, procedures, methods of operation and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 23 Jul 2010
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003
‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty. Citations: Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63 Jurisdiction: England and Wales Citing: Appeal from – Marchant and Eliot Underwriting Ltd … Continue reading Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
The claimant had been a partner in a firm of solicitors. They came to be suspected by the respondent of overclaiming legal aid payments and sums were withheld. For this and other reasons the practice folded, and the claimant became insolvent. He claimed that officers of the respondent had acted improperly, and claimed misfeasance in … Continue reading Iqbal v Legal Services Commission: CA 10 May 2005
UTIAC i. A person claiming to be an OFM under Article 3(2) of Directive 2004/38/EC may either be a dependant or a member of the household of the EEA national: they are alternative ways of qualifying as an OFM.ii. In either case the dependency or membership of the household must be on a person who … Continue reading Moneke and Others (EEA – OFMS) Nigeria: UTIAC 22 Aug 2011
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory. Held: The challenge failed. The new Order was not in breach of European Union principles of effectiveness or equivalence. Althought the new system was expensive for litigants it was not so to the … Continue reading Unison, Regina (on The Application of) v The Lord Chancellor and Another: Admn 7 Feb 2014
(Newfoundland) A treaty, which does not terminate a state of war, has no legal effect upon the rights and duties of the subjects of the Crown and speaking generally no power resides in the Crown to compel them to obey the provisions of a treaty, or to expel them without supporting legislative authority. Judges: Watson, … Continue reading Walker v Baird and Another: PC 4 Aug 1892
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to produce software it could sell in competition which, for the same inputs would produce the same … Continue reading SAS Institute Inc v World Programming Ltd: ChD 25 Jan 2013
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979
The applicant appealed a refusal to rule that the system of allowing females better retirement options than would be granted to him as a Health Service employee were sexually discriminatory. The difference arose because of differentials applied before the directive came into effect, by the 1980 regulations. The case fell within the rule in Barber, … Continue reading William James Quirk v Burton Hospital NHS Trust the National Health Service Pensions Agency: CA 12 Feb 2002
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The parties entered into exclusive cross marketing agreements. The defendant resisted enforcement of the contract saying it was void under European law, being contrary to Article 81. The parties were alleged to have agreed to make cross purchases. It was argued that the issue was res judicata. Held: The defendant could raise the issue before … Continue reading Blackburn Chemicals Ltd v Bim Kemi Ab: CA 10 Nov 2004
A political treaty, between sovereigns, or parties exercising sovereign authority cannot be the subject of a municipal jurisdiction. Citations: [1789] EngR 1626, (1789-1817) 1 Ves Jun Supp 149, (1789) 34 ER 729 Links: Commonlii Jurisdiction: England and Wales Citing: See Also – Nabob of The Carnatic v The East India Company 1789 . . Cited … Continue reading Nabob of The Carnatic v The East India Company: 2 Jan 1789
The claimants were due to have substantial sums repaid after it had been found that the system of making premature reclaims of advance corporation tax had been was discriminatory under European Law. Held: The sums payable were to carry interest calculated on a compound interest basis. Judges: Park J Citations: Times 25-Jun-2004, [2004] EWHC 2387 … Continue reading Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another: ChD 16 Jun 2004
The claimant appealed a refusal to order that a dispute between insurer and re-insurer be referred to arbitration. One party sought to avoid liability under the policy, alleging misrepresentation. Discussions had been undertaking settling a revised form of agreement, but the forms had not been signed. The judge had held that the new document formal … Continue reading Sun Life Assurance Company of Canada (A Company Established Pursuant To the Laws of Canada) v CX Reinsurance Company Limited (Formerly CNA Reinsurance Company Ltd): CA 6 Mar 2003
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001
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
The defendant company had refused to employ the complainant at Heathrow on the basis that he was Italian, and relied upon exemptions in the 1976 Act. Held: A Statutory provision which permitted discrimination against a worker employed in Europe operated against the Treaty obligation to afford free movement of workers and is to be ignored. … Continue reading Bossa v Nordstress Ltd: EAT 13 Mar 1998
(United States Court of Appeals, 1st Circuit) Relatives of a deceased smoker brought a negligence and strict liability suit against a tobacco company, alleging that it was responsible for his death. The action was brought in the District Court for the District of Puerto Rico. There was evidence that ‘the average consumer in Puerto Rico … Continue reading Cruz-Vargas v R J Reynolds Tobacco Company: 2003
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005
INCOME TAX – pension fund lending overseas shares under stock lending arrangements – ICTA 1988, Sch 23A – manufactured overseas dividends (‘MODs’) representative of dividends on overseas shares – whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital – … Continue reading Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs: UTTC 16 May 2018
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
The House considered an application by a foreign state seeking assistance in obtaining evidence here to be used in enforcing its own revenue laws at home. Held: Rule 3 of the Convention encapsulated a ‘fundamental rule of English Law’, but did not preclude the application: ‘I must confess to having given the most anxious consideration … Continue reading In re State of Norway’s application (Nos 1 and 2): HL 1989
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced the waiting time to four months. She sought judicial review, and to recover the cost … Continue reading Watts, Regina (on the Application of) v Bedford Primary Care Trust and others: Admn 1 Oct 2003
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019
The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009
Income tax – individual resident of Israel – claim for exemption under Art XI, UK/Israel double tax treaty – whether UK pension income exempted from tax under special Israel tax provision was entitled to treaty exemption from UK tax under Art XI – meaning of ‘subject to Israel tax in respect thereof’ [2012] UKFTT 499 … Continue reading Weiser v Revenue and Customs: FTTTx 10 Aug 2012
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
UTIAC (1) A person may acquire qualifying residence for the purposes of exercising Treaty rights in respect of periods of residence arising before the UK became part of the European Community on 1 January 1973. (2) Similarly, a person may acquire qualifying residence in respect of periods of residence arising before the implementation of the … Continue reading Vassallo (Qualifying Residence; Pre-UK Accession): UTIAC 11 Apr 2014
LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009
The court was asked whether it had jurisdiction under the Regulation to determine the claim brought by the Claimants against a Spanish trade union, for damages and declaratory and injunctive relief alleging that strikes of Spanish airline pilots organised by the Union were unlawful under Spanish law in that they were in breach of the … Continue reading British Airways Plc and Another v Sindicato Espanol De Pilotos De Lineas Aereas and Another: ComC 20 Jun 2013
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
