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In re Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (second phase): ICJ 5 Feb 1970

ICJ The claim arose out of the adjudication in bankruptcy in Spain of Barcelona Traction, a company incorporated in Canada. Its object was to seek reparation for damage alleged by Belgium to have been sustained by Belgian nationals, shareholders in the company, as a result of acts said to be contrary to international law committed … Continue reading In re Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (second phase): ICJ 5 Feb 1970

Devaseelan v Secretary of State for the Home Department: IAT 2003

The tribunal asked as to the relevance of the possible mistreatment of the applicant if returned to his home country: ‘The reason why flagrant denial or gross violation is to be taken into account is that it is only in such a case – where the right will be completely denied or nullified in the … Continue reading Devaseelan v Secretary of State for the Home Department: IAT 2003

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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

Hauer v Council and Commission: ECFI 14 Jul 1998

The reduction by Regulation No 816/92 of the reference quantities exempt from the additional levy on milk for 1992/93, without compensation, did not breach the right to property, the principle of protection of legitimate expectations or the principle of equality. First, that measure was justified by the concern to continue with the rationalisation of the … Continue reading Hauer v Council and Commission: ECFI 14 Jul 1998

European Parliament v Council of the European Union 162111: ECJ 25 Feb 1999

ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives. Europa ‘It is clear from the provisions of the amended regulations that the aims of the Community schemes for the protection of forests … Continue reading European Parliament v Council of the European Union 162111: ECJ 25 Feb 1999

Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014

Constitutional Status of Chanel Islands considered The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the United Kingdom and the Bailiwicks of Guernsey and … Continue reading Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014

Unipart Group Ltd v O2 (UK) Ltd (Formerly BT Cellnet Ltd) and Another: CA 30 Jul 2004

Allegedly anti-competitive conduct in the market for the wholesale supply of airtime for mobile telephones. Judges: Lord Justice Peter Gibson Lord Justice Jonathan Parker Mr Justice Laddie Citations: [2004] EWCA 1034 Statutes: EC Treaty 81 Jurisdiction: England and Wales European, Commercial Updated: 12 April 2022; Ref: scu.199791

Regina v Royal Pharmaceutical Society of Great Britain, Ex Parte Association of Pharmaceutical Importers: ECJ 18 May 1989

Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Measures adopted by a professional body for pharmacy (EEC Treaty, Art. 30) 2. Free movement of goods – Derogations – Protection of public health -Rules prohibiting pharmacists from substituting a therapeutically equivalent medicinal product for that prescribed by the … Continue reading Regina v Royal Pharmaceutical Society of Great Britain, Ex Parte Association of Pharmaceutical Importers: ECJ 18 May 1989

Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville: ECJ 29 Jan 1985

Europa ‘I would add that the acceptance of civil disturbances as justification for encroachments upon the free movement of goods would, as is apparent from experiences of the last year (and before, during the Franco-Italian ‘wine war’) have unacceptably drastic consequences. If road-blocks and other effective weapons of interest groups which feel threatened by the … Continue reading Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville: ECJ 29 Jan 1985

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 25 Apr 1985

Europa Free movement of goods – quantitative restrictions – measures having equivalent effect – legislation requiring an indication of origin on certain products – prohibited – consumer protection – not a permissible ground of justification (EEC treaty, art. 30) national legislation prohibiting the retail sale of certain products imported from other member states unless they … Continue reading Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 25 Apr 1985

Ordre des avocats au Barreau de Paris v Onno Klopp: ECJ 12 Jul 1984

Europa In laying down that freedom of establishment shall be attained at the end of the transitional period, article 52 imposes an obligation to attain a precise result the fulfilment of which must be made easier by, but not made dependent on, the implementation of a programme of progressive measures. Consequently the fact that the … Continue reading Ordre des avocats au Barreau de Paris v Onno Klopp: ECJ 12 Jul 1984

Robertson (Judgment): ECJ 22 Jun 1982

Free movement of goods – quantitative restrictions – measures having equivalent effect – prohibition on the sale of silver-plated articles not bearing a lawful hallmark – application to similar articles imported from other member states – permissibility – conditions – assessment by the national court (eec treaty , art. 30) article 30 of the treaty … Continue reading Robertson (Judgment): ECJ 22 Jun 1982

Criminal proceedings against Herbert Gilli and Paul Andres: ECJ 26 Jun 1980

In the absence of common rules relating to the production and marketing of a product it is for member states to regulate all matters relating to its production, distribution and consumption on their own territory subject, however, to the condition that those rules do not present an obstacle, directly or indirectly, actually or potentially, to … Continue reading Criminal proceedings against Herbert Gilli and Paul Andres: ECJ 26 Jun 1980

Ministere public du Kingdom of the Netherlands v Jacobus Philippus van Tiggele: ECJ 24 Jan 1978

ECJ For the purposes of the prohibition of measures having an effect equivalent to a quantitative restriction it is sufficient that such measures are likely to hinder, directly or indirectly, actually or potentially, imports between member states. A fixed minimum price which, although applicable without distinction to domestic products and imported products, is capable of … Continue reading Ministere public du Kingdom of the Netherlands v Jacobus Philippus van Tiggele: ECJ 24 Jan 1978

Regina v Thompson, Johnson and Woodiwiss (Judgment): ECJ 23 Nov 1978

Europa In the system of the EEC treaty means of payment are not to be considered as goods falling within the terms of articles 30 to 37 of the treaty. These provisions do not therefore apply to (a) silver alloy coins which are legal tender in a member state, (b) gold coins such as krugerrands … Continue reading Regina v Thompson, Johnson and Woodiwiss (Judgment): ECJ 23 Nov 1978

Jean Thieffry v Conseil de l’ordre des avocats a la cour de Paris: ECJ 28 Apr 1977

Europa Freedom of establishment, subject to observance of professional rules justified by the general good, is one of the objectives of the treaty. In so far as community law makes no special provision, these objectives may be attained by measures enacted, pursuant to article 5 of the treaty, by the member states. If freedom of … Continue reading Jean Thieffry v Conseil de l’ordre des avocats a la cour de Paris: ECJ 28 Apr 1977

Arend van de Poll KG v Hauptzollamt Trier (Judgment): ECJ 14 Dec 1972

Europa 1. Common customs tariff – tariff classification – heading 23.07 -interpretation (regulations nos 19/62 and 55/62) 2. Common customs tariff – tariff classification – criteria – application -jurisdiction of the national court 1. Heading 23.07 of the common customs tariff, to which reference is made in article 1 (d) of and the annex to … Continue reading Arend van de Poll KG v Hauptzollamt Trier (Judgment): ECJ 14 Dec 1972

Firma Fink-Frucht GmbH v Hauptzollamt Munchen-Landsbergerstrasse: ECJ 4 Apr 1968

Europa 1. Policy of the EEC – common rules – tax provisions – internal taxation imposed by one member state on products from other member states – absence of similar domestic products or other products capable of being protected – permissibility (EEC treaty, article 95) 2. Quantitative restrictions and taxes – different nature – joint … Continue reading Firma Fink-Frucht GmbH v Hauptzollamt Munchen-Landsbergerstrasse: ECJ 4 Apr 1968

Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

Ferriera Ernesto Preo e Figli v High Authority of the ECSC: ECJ 30 Jun 1966

Europa Common financial arrangements – equalization of ferrous scrap – calculation of contributions – account taken by the high authority of re-use of arisings of ferrous scrap – average percentage of such arisings adopted for calculation – precise information essential (ECSC treaty, article 53) when it fixes the pecuniary obligations of an undertaking assessable under … Continue reading Ferriera Ernesto Preo e Figli v High Authority of the ECSC: ECJ 30 Jun 1966

Manfred Trummer and Peter Mayer Case C-222/97: ECJ 30 Jun 1999

National rules which restricted the registration of mortgage loans in other currencies, were a restriction on the movement of capital and in breach the Treaty. The liquidation of an investment in real property constituted a movement of capital, and such a restriction reduced the value of such a security. Citations: Gazette 30-Jun-1999 European Updated: 09 … Continue reading Manfred Trummer and Peter Mayer Case C-222/97: ECJ 30 Jun 1999

Lewen v Denda (Case C-333/97): ECJ 16 Nov 1999

A voluntary bonus paid by an employer to its staff at Christmas was ‘pay’ within Art 14 of the EC Treaty, where it was paid to encourage or reward for loyalty and work. Such a payment was not a ‘payment’ within the rules governing measures to encourage health and safety of pregnant and breast feeding … Continue reading Lewen v Denda (Case C-333/97): ECJ 16 Nov 1999

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

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

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995

A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995

Home Office (Decision Notice): ICO 27 Jul 2011

ICO The complainant requested information from the UK Border Agency (UKBA) concerning its scheme (or pilot scheme) to expel European Economic Area nationals on the basis that they are not exercising Treaty rights. The public authority disclosed some information but withheld the remainder citing the exemption in section 35(1)(a) (formulation of government policy). The Commissioner’s … Continue reading Home Office (Decision Notice): ICO 27 Jul 2011

Berlusconi (Law Relating To Undertakings) 3: 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

Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010

The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their own pre-emptive campaign. They now admitted misuse of the confidential information acquired. Held: The claim succeeded … Continue reading Specsavers International Healthcare Ltd and Others v Asda Stores Ltd: ChD 30 Jul 2010

Commission v France C-84/00: ECJ 14 Jun 2001

Failure by a Member State to fulfil its obligations – Article 30 of the EC Treaty (now, after amendment, Article 28 EC) – Free movement of articles of precious metal – Rules on acceptable standards of fineness [2001] EUECJ C-84/00, [2001] ECR I-4553, ECLI:EU:C:2001:339 Bailii European Commercial Updated: 26 January 2022; Ref: scu.162789

Aalborg Portland A/S, Irish Cement Ltd, Ciments francais, Italcementi – Fabbriche Riunite Cemento SpA; Buzzi Unicem SpA; Cementir v Commission: ECJ 7 Jan 2004

Europa Appeal – Competition – Cement market – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Jurisdiction of the Court of First Instance – Rights of the defence – Access to the file – Single and continuous infringement – Liability for an infringement – Evidence of participation in the general agreement and … Continue reading Aalborg Portland A/S, Irish Cement Ltd, Ciments francais, Italcementi – Fabbriche Riunite Cemento SpA; Buzzi Unicem SpA; Cementir v Commission: ECJ 7 Jan 2004

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999

ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply … Continue reading Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999

Banger (Unmarried Partner of British National : South Africa): UTIAC 30 Mar 2017

The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to … Continue reading Banger (Unmarried Partner of British National : South Africa): UTIAC 30 Mar 2017

von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

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

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

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

Commission v Germany (Freedom To Provide Services): ECJ 21 Jan 2010

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

J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Cyprus v Turkey (Just Satisfaction): ECHR 12 May 2014

ECHR Grand Chamber- Article 41 Just satisfaction Award to State applicant party in respect of its missing and enclaved citizens in northern Cyprus Facts – In its Grand Chamber judgment delivered on 10 May 2001 (‘the principal judgment’) the Court found numerous violations of the Convention by Turkey, arising out of the military operations it … Continue reading Cyprus v Turkey (Just Satisfaction): ECHR 12 May 2014

Regie Networks v Direction de Controle Fiscal Rhone-Alpes Bourgogne: ECJ 22 Dec 2008

ECJ State aid Aid scheme to support local radio stations – Financed by a parafiscal charge on advertising companies – Favourable decision by the Commission at the conclusion of the preliminary stage of the review procedure under Article 93(3) of the EC Treaty (now Article 88(3) EC) Aid that may be compatible with the common … Continue reading Regie Networks v Direction de Controle Fiscal Rhone-Alpes Bourgogne: ECJ 22 Dec 2008

Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979

Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the equivalent of the expression ‘ ‘ prohibitions or restrictions on imports ‘ ‘ occurring in article 36. Hence a … Continue reading Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979

Henn and Darby v Director of Public Prosecutions: HL 1980

The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles. Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It … Continue reading Henn and Darby v Director of Public Prosecutions: HL 1980

Sanders Adour and Guyomarc’h Orthez v Directeur des services fiscaux des Pyrenees-Atlantiques: ECJ 11 Jun 1992

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

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

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

Commission v Finland (External Relations): ECJ 19 Nov 2009

ECJ Failure of a Member State to fulfil obligations Article 307, second paragraph, EC Failure to adopt appropriate steps to eliminate incompatibilities between the bilateral agreements concluded with third countries prior to accession of the Member State to the European Union and the EC Treaty Bilateral investment agreements concluded by the Republic of Finland with … Continue reading Commission v Finland (External Relations): ECJ 19 Nov 2009

HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009

The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order. Held: The claimant could not count the time he had served in prison toward the time spent in the UK to calculate his entitlement to stay here. ‘Residence’ in the Regulations means … Continue reading HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(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

Unipart Group Ltd v O2 (UK) Ltd and Another: CA 30 Jul 2004

The court considered the applicability of Article 81 in Chapter 1 of Part III of the EC Treaty to allegedly anti-competitive conduct in the market for the wholesale supply of airtime for mobile telephones. Unipart, an independent service provider (‘ISP’) purchased airtime from Cellnet, a mobile network operator under various agreements which provided that the … Continue reading Unipart Group Ltd v O2 (UK) Ltd and Another: CA 30 Jul 2004

Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

Pickstone v Freemans Plc: HL 30 Jun 1988

The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988

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

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

Bankovic v Belgium: ECHR 12 Dec 2001

(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Moroni v Collo: ECJ 14 Dec 1993

ECJ (Judgment) 1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to … Continue reading Moroni v Collo: ECJ 14 Dec 1993

Kobler v Republik Osterreich: ECJ 30 Sep 2003

The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from the state for the wrongful dismissal of his claim by the court. Held: It was for … Continue reading Kobler v Republik Osterreich: ECJ 30 Sep 2003

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

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

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963

ECJ (Preliminary Ruling ) 1. The obligation imposed by the third paragraph of article 177 of the EEC Treaty upon national courts or tribunals of last instance may be deprived of its purpose by reason of the authority of an interpretation already given by the court under article 177 in those cases in which the … Continue reading Da Costa En Schaake Nv, Jacob Meijer Nv, Hoechst-Holland Nv v Netherlands Inland Revenue Administration: ECJ 27 Mar 1963

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

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

Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 16 Jul 2009

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

Wightman and Others v Secretary of State for Exiting the European Union: ECJ 4 Dec 2018

Opinion – Unilateral withdrawal of Art 50 Notice Opinion – Right of withdrawal from the European Union – Notification of the intention to withdraw – Withdrawal of the United Kingdom (Brexit)Question referred for a preliminary ruling – Admissibility – Article 50 TEU – Right of withdrawal from the European Union – Notification of the intention … Continue reading Wightman and Others v Secretary of State for Exiting the European Union: ECJ 4 Dec 2018

Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018

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

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers of the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative power to enter into treaties without parliamentary approval. … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg: Admn 30 Jul 1993

Garland v British Rail Engineering Ltd: ECJ 9 Feb 1982

garland_breECJ1982 The fact that an employer (although not bound to do so by contract) provides special travel facilities for former male employees to enjoy after their retirement constitutes discrimination within the meaning of article 119 against former female employees who do not receive the same facilities. Where a national court is able, using the criteria … Continue reading Garland v British Rail Engineering Ltd: ECJ 9 Feb 1982

Abdulaziz etc v The United Kingdom: ECHR 28 May 1985

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

Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care: Admn 18 Feb 2021

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

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

Regina v Southwark Crown Court ex parte Watts: CA 1991

A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the requirements of European Law and did not restrict his right of establishment. … Continue reading Regina v Southwark Crown Court ex parte Watts: CA 1991

SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010

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

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

Microsoft Corporation v Ling and others: ChD 3 Jul 2006

The claimant sought damages against the respondent for various infringements in sales of unlicensed products, and also additional damages. The defendant argued that Microsoft’s licensing arrangements acted anti-competively. Held: ‘the defendants would not at trial be able to defend liability for issuing instruments of deception. ‘ The application for summary judgment for additional damages succeeded. … Continue reading Microsoft Corporation v Ling and others: ChD 3 Jul 2006

Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly on the information Held: The appeal was upheld. ‘unfairness in pricing is … Continue reading Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006

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

Iqbal v Legal Services Commission: CA 10 May 2005

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