Search Results for: Charter of Fundamental Rights of the European Union

Click the case name for better results:

Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015

The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015

Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016

Discriminatory Temporary Suspension of Worker ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1 to 3 – Prohibition of all discrimination based on a disability – Whether a ‘disability’ exists – Concept of ‘long-term physical, mental, intellectual or sensory impairments’ – … Continue reading Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016

Glatzel v Freistaat Bayern: ECJ 22 May 2014

glatzel_ECJ0614 Judgment – Request for a preliminary ruling – Transport – Directive 2006/126/EC – Point 6.4 of Annex III – Validity – Charter of Fundamental Rights of the European Union – Articles 20, 21(1) and 26 – United Nations Convention on the Rights of Persons with Disabilities – Driving licences – Physical and mental fitness … Continue reading Glatzel v Freistaat Bayern: ECJ 22 May 2014

Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 20 – Electronic cigarettes and refill containers – Validity – Principle of equal treatment – Principles of proportionality and legal certainty – Principle of subsidiarity – Charter of Fundamental Rights of the European Union – Articles 16 and 17 … Continue reading Pillbox 38 (UK) Ltd v The Secretary of State for Health: ECJ 4 May 2016

NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020

Discriminatory Intent of Firm Founded Claim (Equal Treatment In Employment and Occupation – Prohibition of Discrimination – Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a), Article 8(1) and Article 9(2) – Prohibition of discrimination based on sexual orientation – Conditions for access to employment … Continue reading NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Right to be forgotten by Search Engine ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014

pswc_abdidaECJ1409 ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status … Continue reading Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014

Poland v Commission (Order): ECJ 4 Dec 2019

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 . .

Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP … Continue reading Kadi v Council and Commission: ECJ 3 Sep 2008

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

Resolution to amend the Constitution: 28 Sep 1981

Supreme Court of Canada The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen in right of the United Kingdom and a statute, to which was appended another statute providing … Continue reading Resolution to amend the Constitution: 28 Sep 1981

Administration Des Douanes and Droits Indirects and Franceagrimer: ECJ 12 Apr 2018

Opinion – Reference for a preliminary ruling – Principle of retroactive application of the softer criminal law – Article 49 (1), third sentence, of the Charter of Fundamental Rights – Export refunds – Specific export refunds for certain types of meat boned cattle – Specific export refunds obtained by means of maneuvers or misrepresentation as … Continue reading Administration Des Douanes and Droits Indirects and Franceagrimer: ECJ 12 Apr 2018

Netguru v EUIPO (Netguru): ECFI 17 Jan 2017

ECJ (Judgment) Trademark of the European Union – European trademark application NETGURU – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights – Article 75 of Regulation No 207/2009 – Article … Continue reading Netguru v EUIPO (Netguru): ECFI 17 Jan 2017

LM v CPAS De Seraing: ECJ 4 Mar 2020

(Opinion) Reference for a preliminary ruling – Immigration policy – Return of illegally staying third-country nationals – Parent of a minor child suffering from a serious illness who became of full age during the appeal procedure relating to the rejection of the authorization request of stay – Order to leave the territory – Directive 2008/115 … Continue reading LM v CPAS De Seraing: ECJ 4 Mar 2020

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016

ECJ (Judgment) Non-contractual liability – Health policy – Fight against Avian Influenza – Import Prohibition in wild birds captured Union – Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139 / 2013 – sufficiently serious breach of rules of law conferring rights on individuals – Infringement manifest and serious limitations of discretion – Proportionality … Continue reading Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016

Jackson and others v Attorney General: HL 13 Oct 2005

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

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Aeris Invest v ECB (Judgment): ECFI 6 Oct 2021

Access to documents – Decision 2004/258 / EC – Documents relating to the adoption of a resolution mechanism with regard to Banco Popular Espanol – Partial refusal of access – Exception relating to the protection of the confidentiality of the deliberations of decision-making bodies of the ECB – Documents reflecting the outcome of the deliberations … Continue reading Aeris Invest v ECB (Judgment): ECFI 6 Oct 2021

MTU Liivimaa Lihaveis v Eesti-Lati programmi 2007-2013 Seirekomitee: ECJ 13 Mar 2014

ECJ Opinion – Regulation (EC) No 1083/2006 – Regulation (EC) No 1080/2006 – European Regional Development Fund – Powers of Monitoring Committee for an operational programme aiming at the promotion of European territorial cooperation – Joint programme of two Member States – Division of responsibilities between Monitoring Committee and Managing Authority of the programme – … Continue reading MTU Liivimaa Lihaveis v Eesti-Lati programmi 2007-2013 Seirekomitee: ECJ 13 Mar 2014

Evans v The Information Commissioner and Others: CA 12 Mar 2014

Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011

Prohibition of inhuman or degrading treatment ECJ (Grand Chamber) European Union law – Principles – Fundamental rights – Implementation of European Union law – Prohibition of inhuman or degrading treatment – Common European Asylum System – Regulation (EC) No 343/2003 – Concept of ‘safe countries’ – Transfer of an asylum seeker to the Member State … Continue reading NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011

Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008