ECJ Opinion – Action under Article 108(2) TFEU – State aid – Recovery of incompatible aid – Obligation as to result – Absolute impossibility – National proceedings – Right to effective judicial protection Wahl AG C-527/12, [2014] EUECJ C-527/12 Bailii European Updated: 30 November 2021; Ref: scu.521820
ECJ Reference for a preliminary ruling – Article 52 and Article 56 TFEU – Freedom to provide services – Grant of a recreational boating licence – Condition of residency in the issuing country – Restriction for non-residents – Maintaining maritime safety – Public policy C-509/12, [2014] EUECJ C-509/12 Bailii European Transport Updated: 29 November 2021; … Continue reading Instituto Portuario E Dos Transportes Maritimos (IPTM) v Navileme – Consultadoria Nautica, Lda: ECJ 6 Feb 2014
ECJ Opinion – Agreement between the European Union and the Republic of Mauritius on the conditions of transfer of suspected pirates from the European Union-led naval force to the Republic of Mauritius – Common foreign and security policy (CFSP) – Area of freedom, security and justice – Development cooperation – Choice of legal basis – … Continue reading Parliament v Council: ECJ 30 Jan 2014
ECJ Articles 101 TFEU, 102 TFEU and 106 TFEU – Public undertakings and undertakings to which special or exclusive rights have been granted – Undertakings entrusted with the operation of services of general economic interest – Definition – Bodies tasked with checking and certifying compliance by undertakings carrying out public works with the conditions required … Continue reading Ministero Dello Sviluppo Economico v SOA Cqop Spa: ECJ 12 Dec 2013
ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7(1) – National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg – Restriction of freedom of movement for workers – Justifications – Overriding … Continue reading Zentralbetriebsrat Der Gemeinnutzigen Salzburger Landeskliniken Betriebs Gmbh v Land Salzburg: ECJ 5 Dec 2013
The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending deportation on grounds of publicpolicy. Held: the Court of Appeal dismissed the … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260 TFEU – Pecuniary penalties – Imposition of a penalty payment and a lump sum payment C-576/11, [2013] EUECJ C-576/11 Bailii Directive 91/271/EEC … Continue reading European Commission v Grand Duchy Of Luxembourg, v United Kingdom Of Great Britain And Northern Ireland: ECJ 28 Nov 2013
ECJ Freedom of establishment – Article 49 TFEU – Tax legislation – Merger of a parent company established in one Member State with a subsidiary established in another Member State – Deductibility by the parent company of the subsidiary’s losses arising from its activity – Exclusion for non-resident subsidiaries L Bay Larsen P [2013] EUECJ … Continue reading A Oy: ECJ 21 Feb 2013
ECJ Third paragraph of Article 267 TFEU – Scope of the obligation on courts of final instance to make a reference for a preliminary ruling – Article 101 TFEU – Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession L. Bay … Continue reading Consiglio Nazionale Dei Geologi v Autorita Garante Della Concorrenza E Del Mercato: ECJ 18 Jul 2013
Action for annulment – EU-Turkey statement of 18 March 2016 – Press release – Concept of ‘international agreement’ – Identification of the author of the act – Scope of the act – Meeting of the European Council – Meeting of the Heads of State or Government of the Member States of the European Union held … Continue reading NM v European Council (EU-Turkey Joint Action Plan – Syria – Application for Annulment – Order): ECFI 28 Feb 2017
No retrospection for pensions of civil partnership ECJ (Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2 – Prohibition of discrimination on grounds of sexual orientation and age – National pension scheme – Payment of a survivor’s benefit to the civil partner – Condition – … Continue reading Parris v Trinity College Dublin and Others: ECJ 24 Nov 2016
UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015
jet_managementECJ0314 ECJ Grand Chamber – Reference for a preliminary ruling – Article 18 TFEU – Prohibition of any discrimination on the ground of nationality – Commercial flights from a third State to a Member State – Legislation of a Member State providing that European Union air carriers not having an operating licence issued by that … Continue reading International Jet Management GmbH: ECJ 18 Mar 2014
ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Articles 7, 18 and 24(2) and (3) – Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 – Manufacture, presentation and sale of tobacco products – Validity – Legal basis – Article 114 TFEU – Principle of proportionality – … Continue reading Philip Morris Brands And Others v The Secretary of State for Health: ECJ 4 May 2016
sanofis-aventis_davECJ072013 ECJ Grand Chamber – Common commercial policy – Article 207 TFEU – Commercial aspects of intellectual property – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) – Article 27 – Patentable subject-matter – Article 70 – Protection of existing subject-matter V Skouris, P, P Cruz Villalon AG C-414/11, [2013] EUECJ C-414/11 Bailii European, … Continue reading Sanofi-Aventis Deutschland Gmbh v Demo Anonimos Viomikhaniki Kai Emporiki Etairia Farmakon: ECJ 18 Jul 2013
Deleayed Rates Claims Service made them Defective The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created substantial prejudice. The Council challenged the correctness … Continue reading North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010
Art 50 Notice withrawable unilaterally Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – ConditionsThe Court Ruled: ‘Article 50 TEU must be interpreted as meaning that, … Continue reading Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018
ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Preservation of the specific characteristics of the European Union and EU law – Maintaining the competences of the European Union … Continue reading Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014
france_commissionECJ2012 ECJ Action for annulment – Regulation (EU, Euratom) No 617/2010 – Notification to the Commission of investment projects in energy infrastructure within the European Union – Choice of legal basis – Articles 337 TFEU and 187 TEAEC – Article 194 TFEU Cunha Rodrigues, P C-490/10, [2012] EUECJ C-490/10 Bailii European, Utilities Updated: 01 November … Continue reading French Republic v European Commission: ECJ 6 Sep 2012
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
eventech_parkECJ1409 ECJ Advocate General’s Opinion – State aid – Concept of ‘aid’ under Article 107(1) TFEU – Rules governing access to and use of public infrastructure – Authorisation granted to taxis but not to private hire vehicles to use the bus lanes in the Greater London Area – Transfer of State resources – Selectivity – … Continue reading Eventech, Regina (On The Application of) v The Parking Adjudicator: ECJ 24 Sep 2014
ciroen_fvvECJ0713 ECJ Article 56 TFEU – Freedom to provide services – Directive 2005/29/EC – Unfair commercial practices – Consumer protection – Combined offers involving at least one financial service – Prohibition – Exceptions) A. Tizzano, P C-265/12, [2013] EUECJ C-265/12 Bailii Directive 2005/29/EC European, Consumer Updated: 01 November 2021; Ref: scu.513402
[2013] EWHC 793 (Admin) Bailii England and Wales Citing: See Also – Sanneh, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 30-Apr-2012 Challenge to payment of Zambrano Income Support . . Cited – Ruiz Zambrano (European Citizenship) ECJ 8-Mar-2011 ECJ Citizenship of the Union – Article 20 TFEU – … Continue reading Sanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another: Admn 10 Apr 2013
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
Action for annulment – EU-Turkey statement of 18 March 2016 – Press release – Concept of ‘international agreement’ – Identification of the author of the act – Scope of the act – Meeting of the European Council – Meeting of the Heads of State or . .
State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Decision declaring aid incompatible with . .
The Court considered the licensing of Standard Essential Patents, those necessary for the design an use of smartphones. Huawei were said to have continued to use the technology despite the expiry of their licences. . .
This appeal raises a number of important points of principle concerning the obligation upon the owner of a patent which protects a technology which its owner has declared to be essential to the implementation of one or more of the telecommunications . .
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The court considered the structure of Standards Essential Patents and the FRAND licensing scheme: ‘art of the process of standardisation involves holders of patents which are essential to an international telecommunications standard declaring them . .
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Appeal from order revoking patent . .
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Judgment in a mobile telecommunications patent case involving Unwired Planet as claimant and Samsung and Huawei as defendants . .
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Order for costs post patents action. . .
Application by the Eleventh Party, to strike out allegations of breaches of Article 101 TFEU which are made against it by the defendants in this action or for summary judgment in its favour on the points. In addition Ericsson applied to stay a . .
Allegations of patent infringement in manufacture of mobile phones. . .
Further directions for case management. . .
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 . .
The claimants were companies with parent companies in the UK and other subsidiaries not so resident, both in the EU and outside. They complained of the differences in treatment under corporation tax of the payment of dividends between the . .
Articles 49 TFEU and 63 TFEU – Payment of dividends – Corporation tax – Case C-446/04 – Test Claimants in the FII Group Litigation – Interpretation of the judgment – Prevention of economic double taxation – Equivalence of the exemption and . .
ECJ Advocate General’s Opinion – Collective labour agreement – Contracts for professional services – Minimum fees – Competition – Article 101 TFEU – Prevention of social dumping – ‘Albany exception’
A Dutch . .
Appeal – Action for annulment – Fourth paragraph of Article 263 TFEU – Right to bring an action – Locus standi – Act of individual concern to natural or legal persons by reason of ‘certain attributes which are peculiar to them’ – Regulation (EU) No . .
Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – Article 263, fourth paragraph, TFEU – Admissibility – Decision not concerning the applicant neither directly nor individually – Regulatory act – Absence – Article . .
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36 / EC – Article 1 and Article 10 (b) – Professional qualifications obtained in several Member States – Conditions for obtaining – Lack of formal . .
Appeal – Internal market in natural gas – Directive 2009/73 / EC – Article 32 – Access by third parties – Article 41, paragraphs 6, 8 and 10 – Tariff rules – Article 36 – Request for exemption – Terms of operation of the OPAL gas pipeline – National . .
Failure of State – Article 258 TFEU – Market in financial instruments – Delegated Directive (EU) 2017/593 – Lack of transposition and / or communication of transposition measures . .
ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the . .
ECJ Competition – Article 101(1) TFEU – Application of similar national regulations – Jurisdiction of the Court – Bilateral agreements between an insurance company and car repairers relating to hourly repair . .
References: C-233/14, [2016] EUECJ C-233/14, ECLI:EU:C:2016:396 Links: Bailii Ratio: ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national … Continue reading Commission -V- Netherlands: ECJ 2 Jun 2016
References: ECLI:EU:T:2014:186, [2014] EUECJ C, [2014] EUECJ C Links: Bailii, Bailii ECJ Ratio State aid – Financial sector – Aid intended to remedy a serious disturbance in the economy of a Member State – Article 107(3)(b) TFEU – Decision declaring the aid compatible with the internal market – Conditions for approval of the aid – … Continue reading Abn Amro Group Nv -V- European Commission: ECJ 8 Apr 2014
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
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