ECHR Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1996] ECHR 69, 24095/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human … Continue reading Efstratiou v Greece: ECHR 18 Dec 1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, they were ultimately questioned at an appeal stage, in the presence of counsel, but not … Continue reading Doorson v The Netherlands: ECHR 26 Mar 1996
Article 10 requires that journalists be permitted a good deal of latitude in how they present their material and that a degree of exaggeration must also be accepted. The media have a special place in any democratic society as purveyor of information and public watchdog. There is a strong public interest in maintaining the confidence … Continue reading Prager And Oberschlick v Austria: ECHR 26 Apr 1995
Hudoc Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1 Citations: [1995] ECHR 35, 12868/87, (1996) 21 EHRR 482 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013 The appellant owned farmland tenanted by a … Continue reading Spadea And Scalabrino v Italy: ECHR 28 Sep 1995
It was wrong to deprive a party of his costs because only of his failure to serve an appropriate schedule of costs at least 24 hours before the summary assessment hearing. The court should consider first, a brief adjournment, and second whether the case should be stood over for a detailed assessment, and third whether … Continue reading MacDonald v Taree Holdings Ltd: ChD 28 Dec 2000
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. Funke’s conviction in order to obtain certain documents which they believed must exist, although they were … Continue reading Funke v France: ECHR 25 Feb 1993
The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way … Continue reading Imbrioscia v Switzerland: ECHR 24 Nov 1993
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. Citations: Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16 Links: Worldlii, Bailii Statutes: … Continue reading Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; Not necessary to examine Art. 6-2; Non-pecuniary damage – finding of violation sufficient Citations: [1994] ECHR 30, 14861/89 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165324
Hudoc The Court considered the compatibility with Article 6(1) of a magistrate’s dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case. Citations: [1993] … Continue reading Padovani v Italy: ECHR 26 Feb 1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: [1993] ECHR 15, 13688/88 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165245
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 13; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: 12444/86, [1993] ECHR 13 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165243
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article 3 and 8 rights. One of his complaints was as to interference with his correspondence. Held: … Continue reading Herczegfalvy v Austria: ECHR 24 Sep 1992
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the defence. One of the police witnesses said that no fingerprints were found … Continue reading Edwards v The United Kingdom: ECHR 16 Dec 1992
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings; Interest – claim rejected Citations: 13301/87, [1992] ECHR 24 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165172
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book. Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is especially so as far as the press is concerned, for news is a perishable commodity and to … Continue reading Observer and Guardian v The United Kingdom: ECHR 26 Nov 1991
Five Tamils were refused asylum in the UK and returned to Sri Lanka but then continued to suffer ill-treatment. Their complaints to Strasbourg were rejected under both Articles 3 and 13, but with regard to Article 3, it held: ‘108. The court’s examination of the existence of a risk of ill-treatment in breach of Article … Continue reading Vilvarajah and Others v The United Kingdom: ECHR 30 Oct 1991
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award Citations: 13803/88, [1993] ECHR 11 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165241
The applicant was a Moroccan national who arrived in Belgium in 1965 when he was aged under 2. In 1984, nineteen years later, after a career of juvenile crime, he was deported, but the deportation order was suspended in 1989 and he returned to Belgium. He complained that his deportation had violated his right to … Continue reading Moustaquim v Belgium: ECHR 18 Feb 1991
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment. Held: A discretionary life sentence in English law was composed of a punitive element followed by a security element giving … Continue reading Thynne, Wilson and Gunnell v The United Kingdom: ECHR 25 Oct 1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man. Held: The ECHR does not address issues about the admissibility of evidence in the abstract or to deal with them as … Continue reading Schenk v Switzerland: ECHR 12 Jul 1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings Citations: [1989] ECHR 24, 9783/82 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165058
The defendant complained that he had been tried and convicted in his absence. Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) … Continue reading Colozza v Italy: ECHR 12 Feb 1985
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988
Hudoc Violation of Art. 6-1; Violation of P1-1; Just satisfaction reserved Citations: [1987] ECHR 5, [1987] ECHR 24, 9616/81 Links: Worldlii, Wordlii, Bailii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.164972
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to appeal, and was classified not as a security measure but as a penalty … Continue reading Van Droogenbroeck v Belgium: ECHR 24 Jun 1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was … Continue reading Phillips v United Kingdom: ECHR 5 Jul 2001
Hudoc Violation of Art. 5-3; Just satisfaction reserved Citations: 1936/63, [1968] ECHR 1 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Neumeister v Austria ECHR 6-Jul-1964 The applicant complained of his excessive detention on remand pending trial, suspected of fraud. . . Cited by: See Also – Neumeister v Austria … Continue reading Neumeister v Austria: ECHR 27 Jun 1968
The claimant prisoner complained of the delay in his release, awaiting a review. Domestic court proceedings had lasted two and a half months at first instance and a further three months on appeal. The proceedings had been brought by the public prosecutor to obtain an extension of the period during which the applicant, who had … Continue reading Rutten v The Netherlands: ECHR 24 Jul 2001
Judges: Lord Johnston Citations: [2000] ScotCS 18 Links: Bailii, ScotC Cited by: See Also – Apollo Engineering Ltd v James Scott Ltd SCS 7-Mar-2008 Outer House – Court of Session . .See Also – Apollo Engineering Ltd v James Scott Ltd SCS 21-May-2009 Application for judicial review of arbitration . .See also – Apollo Engineering … Continue reading James Scott Limited v Apollo Engineering Limited and others: SCS 24 Jan 2000
The applicants sought registration of the trade mark ‘Reef’ in connection with merchandising activities in classes 25 and 26 arising from their pop group of the same name. The challengers owned a trade mark ‘Reef Brazil’ in class 25 in relation to footwear, and claimed that there was a risk of confusion, and that if … Continue reading South Cone Incorporated v Bessant, Greensmith, House and Stringer (a Partnership) trading as ‘Reef’; REEF Trade Mark: ChD 24 Jul 2001
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be moved nor mix with other animals. They claimed that the ban on vaccination … Continue reading Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij: ECJ 12 Jul 2001
A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the rights of the owner to use the mark, and with no quality control. … Continue reading Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action: HL 4 Apr 2001
A company made arrangements for finance for its customers to purchase products at an apparent zero rate of interest. In fact the finance company deducted an undisclosed commission before forwarding payment to the shop. The shop wanted to pay VAT only on the amount it received. It was held to be liable on the amount … Continue reading Primback Ltd v Commissioners of Customs and Excise: ECJ 15 May 2001
(Free movement of persons) (Judgment) Social security for migrant workers – Equal treatment – National legislation fixing, in connection with the transfer abroad of retroactive pension payments, a higher minimum amount than that paid within the country‘the object of article 3(1) of Regulation No 1408/71 is to ensure, in accordance with [article 39 EC], equal … Continue reading Borawitz v Landesversicherungsanstalt Westfalen: ECJ 21 Sep 2000
ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001
Mrs Jorgensen, a specialist rheumatologist, complained about a rule which meant that, if she sold her practice, it would, because of its turnover, be treated as a part-time practice and subject to a cap on the fees it could receive from the Danish national health authorities. She argued that this was indirectly discriminatory on grounds … Continue reading Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000
The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and that this was discrimination arising from his sex. Held: The Directive provided … Continue reading Regina v Secretary of State for Social Security Ex Parte Taylor: ECJ 16 Dec 1999
ECJ Public supply contracts – Directive 93/36/EEC – Award of public supply contracts by a body other than a contracting authority Judges: L Sevon, P Citations: C-275/98, [1999] EUECJ C-275/98, [1999] ECR I-8291 Links: Bailii Statutes: Directive 93/36/EEC Cited by: Cited – SIAC Construction v County Council of the County of Mayo ECJ 18-Oct-2001 ECJ … Continue reading Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri: ECJ 18 Nov 1999
Where a tendering process completed leaving only one tender remaining, the contracting authority was not required to award the contract to the only tenderer judged to be suitable: ‘In a context different from that of the present case (there were several tenderers, not just one) the Court of First Instance stated that ‘the contracting authority … Continue reading Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung fur den Bundesminister fur wirtschaftliche Angelegenheiten: ECJ 16 Sep 1999
ECJ Article 177 of the EC Treaty (now Article 234 EC) – Definition of ‘court or tribunal of a Member State – Freedom of movement for persons – Equal treatment – Seniority – Part of career spent abroad Citations: C-195/98, [2000] EUECJ C-195/98 Links: Bailii European Updated: 04 June 2022; Ref: scu.162401
(Judgment) Failure by a Member State to fulfil its obligations – Articles 6 and 52 of the EC Treaty (now, after amendment, Articles 12 EC and 43 EC) – Air traffic – Registration of aircraft Citations: C-203/98, [1999] EUECJ C-203/98 Links: Bailii Statutes: EC Treaty 6 52 European Updated: 04 June 2022; Ref: scu.162406
The claimant’s judicial review challenged the decision of the defendant to remove him to France as a safe third country without considering his asylum claim. France had accepted responsibility for considering his asylum claim under Council Regulation (EC) No. 343/2003. Judges: Gill D Citations: [2015] EWHC 244 (Admin) Links: Bailii Statutes: Council Regulation (EC) No. … Continue reading AI, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Feb 2015
Application was made to quash an order modifying the Council’s definitive map of public rights of way. Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that modification was opposed, she had to be satisfied on the balance of probabilities that the … Continue reading Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs: Admn 22 Jun 2004
A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough. Europa Article 10a of Regulation No 1408/71, as amended and updated by Regulation No … Continue reading Swaddling v Adjudication Officer: ECJ 25 Feb 1999
(Judgment) Article 95a of Regulation (EEC) No 1408/71 – Regulation (EEC) No 1248/92 – Transitional provisions – Recalculation of a benefit on the competent institution’s own initiative – Rights of persons concerned Citations: C-307/96, [1997] EUECJ C-307/96 Links: Bailii Jurisdiction: European Benefits Updated: 03 June 2022; Ref: scu.161947
ECJ (Order) 1. In principle, the issue of the admissibility of the main application should not be examined in proceedings relating to an application for interim measures, so as not to prejudge the substance of the case. However, where the contention is that the main application is manifestly inadmissible, the judge hearing the application for … Continue reading United Kingdom v Commission: ECJ 24 Sep 1996
(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998
(Judgment) 1 Appeals – Pleas in law – Only pleas in law supported by legal argument admissible (EC Treaty, Art. 168a; EC Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) 2 Appeals – Pleas in law – Inadequate reasoning – Principle of sound management – … Continue reading de Rijk v Commission: ECJ 29 May 1997
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of … Continue reading Martinez Sala v Freistaat Bayern: ECJ 12 May 1998
ECJ The increase provided for in Article 1(3) of Regulation No 738/92 imposing a definitive anti-dumping duty on imports of cotton yarn originating in Brazil and Turkey must be applied whenever it is agreed that imported goods are to be paid for more than 30 days after their arrival in the customs territory of the … Continue reading ICT v Fazenda Publica: ECJ 29 May 1997
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 24014/07, [2019] ECHR 187 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 June 2022; Ref: scu.634322
Child Support – Variation/Departure Directions: Diversion of Income Citations: [2018] UKUT 240 (AAC) Links: Bailii Jurisdiction: England and Wales Child Support Updated: 03 June 2022; Ref: scu.628078
The plaintiff appealed the strict application of the limitation laws against his claim. He had been injured whilst working as a grinder. He began one claim which lapsed, and began a second claim outside the limitation period, requesting the court to use its discretion to extend the period so as to allow the second action. … Continue reading Walkley v Precision Forgings Ltd: CA 1978
ECJ (Judgment) Competition – Articles 85, 86 and 90 of the EC Treaty – Rejection of a complaint concerning both State measures and private conduct – Applicability of Articles 85 and 86 to undertakings complying with national legislation) Citations: C-359/95, [1997] EUECJ C-359/95P Links: Bailii European, Commercial Updated: 03 June 2022; Ref: scu.161724
ECJ (Judgment) Officials – Actions – Time-limits – Mandatory – Caused to run afresh by a judgment given by a court of a Member State – Not possible (EC Treaty, Art. 179; Staff Regulations, Arts 90 and 91) The time-limits prescribed in Articles 90 and 91 of the Staff Regulations for lodging complaints and bringing … Continue reading Coen v Belgian State: ECJ 23 Jan 1997
ECJ (Judgment) Tax provisions – Harmonization of laws – Turnover taxes – Common system of value added tax – Taxable persons – Bodies governed by public law – Activities in the exercise of public authority not taxable – Definition – Option for Member States to include activities exempted by virtue of Article 13 of the … Continue reading Finanzamt Augsburg-Stadt v Marktgemeinde Welden: ECJ 6 Feb 1997
(Judgment) Appeal – Dumping – Ball bearings originating in Japan – Interpretation Citations: C-245/95, [1998] EUECJ C-245/95P Links: Bailii Citing: Opinion – Commission v NTN Corporation and Koyo Seiko ECJ 14-Feb-1996 ECJ 1. Under Article 37 of the Statute of the Court of Justice, any person establishing an interest in the result of a case … Continue reading Commission v NTN Corporation and Koyo Seiko: ECJ 10 Feb 1998
A contract which forms a part of the customer’s arrangements for pursuing his trade or profession is not a consumer contract and a choice of jurisdiction clause in a distribution agreement was valid. Europa In the context of the specific regime established by Article 13 et seq. of the Convention of 27 September 1968 on … Continue reading Francesco Benincasa v Dentalkit Srl: ECJ 3 Jul 1997
ECJ The reasons given for a decision adversely affecting an official are sufficient if the measure was adopted in circumstances known to the official concerned which enable him to understand its scope. That is the case where a reassignment decision in the interests of the service has been preceded by a letter and by discussions, … Continue reading Girish Ojha v Commission: ECJ 12 Nov 1996
(Judgment) Article 30 of the Treaty precludes national legislation concerning model-year dates for motor vehicles which causes the administrative authorities and traders of the Member State in question to consider that, where two motor vehicles of the same model and make are sold in that Member State after 30 June, only the vehicle which was … Continue reading Criminal proceedings against Schmit: ECJ 27 Jun 1996
Two female employees shared a job in the civil service during which time they each moved up one point in the incremental pay scale with each year of service and were paid fifty percent of the salary for clerical assistants. After two years they switched to full-time employment but their position on the incremental pay … Continue reading Hill and Stapleton v The Department of Commissioners and Department of Finance: ECJ 17 Jun 1998
ECJ 1 Agriculture – Common organization of the markets – Beef and veal – Import rules – Community tariff quotas – Conditions of eligibility for operators other than traditional importers – Export thresholds higher than those required for the two preceding quotas – Misuse of powers – None – Principle of proportionality – Principle of … Continue reading Regina v Intervention Board for Agricultural Produce, ex parte Accrington Beef Co Ltd and Others: ECJ 12 Dec 1996
(Judgment) Given that freedom of establishment is not confined to the right to create a single establishment within the Community but includes freedom to set up and maintain, subject to observance of the professional rules of conduct, more than one place of work within the territory of the Member States, Article 52 of the Treaty … Continue reading Inasti v Kemmler: ECJ 15 Feb 1996
(Judgment) 1. A Member State cannot rely on practical difficulties related, for example, to deficiencies in its statistical system, in order to justify its failure to adopt appropriate control measures with regard to compliance with fishing quotas. On the contrary, it is for the Member States responsible for implementing Community regulations in the fishery products … Continue reading Commission v France C-52/95: ECJ 7 Dec 1995
(Judgment) Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Responsibility of a Member State for an infringement of Community law – Right to receive interest on arrears of social security benefits Citations: [1997] 2 CMLR 382, [1997] EUECJ C-66/95, [1997] CEC 1110, [1997] All ER (EC) 497, [1997] … Continue reading The Queen v Secretary of State for Social Security, ex parte Sutton: ECJ 22 Apr 1997
ECJ (Order) 1. The purpose of the procedure in respect of failure to fulfil obligations provided for by Article 169 of the Treaty is to have the Court declare a Member State to be in breach of Community law and require its conduct to be brought to an end, whereas the procedure provided for by … Continue reading An Taisce and WWF UK v Commission of the European Communities.: ECJ 11 Jul 1996
ECJ (Judgment) 1 Freedom to provide services – Restrictions – Whether permissible – Conditions (EC Treaty, Art. 59) 2 Freedom to provide services – Judicial recovery of debts – Restrictions – Obligation to use the services of a lawyer – Justification on grounds of the general interest – Protection of recipients of services and proper … Continue reading Reiseburo Broede v Sandker: ECJ 12 Dec 1996
ECJ (Judgment) Social security for migrant workers – Family benefits – Article 74 of Regulation (EEC) No 1408/71. Citations: C-243/94, [1996] EUECJ C-243/94 Links: Bailii Jurisdiction: European Benefits Updated: 03 June 2022; Ref: scu.161423
ECJ (Judgment) 1. Joint financing by a State, through a public fund which enjoys a degree of latitude enabling it to adjust its intervention, of measures accompanying social plans drawn up by undertakings experiencing employment problems constitutes State aid within the meaning of Article 92(1) of the Treaty. First, the social character of such assistance … Continue reading France v Commission: ECJ 26 Sep 1996
ECJ Article 85 and seq. of EC Treaty – Concept of an ‘undertaking’ – Organization managing an optional supplementary social security scheme. Citations: C-244/94, [1995] EUECJ C-244/94 Links: Bailii European Updated: 03 June 2022; Ref: scu.161424
ECJ Social security – Family benefits – Article 73 of Regulation (EEC) No 1408/71 – Article 4(1) of Directive 79/7/EEC – Article 7(2) of Regulation (EEC) No 1612/68. Citations: C-245/94, [1996] EUECJ C-245/94 Links: Bailii Statutes: Directive 79/7/EEC 4(1), Regulation (EEC) No 1612/68 7(2), Regulation (EEC) No 1408/71 73 European, Benefits Updated: 03 June 2022; … Continue reading Hoever and Zachow v Land Nordrhein-Westfalen: ECJ 10 Oct 1996
ECJ Article 22(8) of the Sixth Directive (77/388) on the harmonization of the laws of the Member States relating to turnover taxes, as amended by Directive 91/680 supplementing the common system of value added tax and amending Directive 77/388 with a view to the abolition of fiscal frontiers, must be interpreted as not precluding a … Continue reading Eismann Alto Adige v Ufficio IVA di Bolzano: ECJ 24 Oct 1996
ECJ 1. Since, under the common organization of the markets in sheepmeat and goatmeat, the purpose of charging clawback is to avoid disruption of intra-Community trade arising from the application of the variable slaughter premium, it must be charged in such a way that it neutralizes the effect of the premium on departure from the … Continue reading FMC and others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food: ECJ 8 Feb 1996
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995
ECJ Member States may not, for the marketing year starting on 1 July, exercise the power to adjust the quotas of undertakings, conferred on them by Article 25(2) of Regulation No 1785/81 on the common organization of the markets in the sugar sector, after the date of 1 March set by Regulation No 193/82 laying … Continue reading Cavarzere Produzioni Industriali and others v Ministero dell’Agricoltura e delle Foreste and others: ECJ 11 Aug 1995
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The complainant has requested information about serious incident notifications in a particular format. Ofsted said that it did not hold the information in the format requested. The Commissioner considers that Ofsted was correct to confirm that it did not hold the requested information under section 1(1)(a) of the Freedom of Information Act 2000 (FOIA). The … Continue reading Office for Standards In Education (Decision Notice): ICO 20 Mar 2014
It is a basic principle of European Union law that national law should provide effective legal protection, by establishing a system of legal remedies and procedures which ensure respect for the relevant European law right: ‘For the purposes of applying those principles, each case which raises the question whether a national procedural provision renders application … Continue reading Peterbroeck, Van Campenhout and Cie v Belgian State: ECJ 14 Dec 1995
ECJ The national prohibition of advertising for medicinal products which despite the general requirement of authorization are not authorized in a country, but may be imported from another Member State of the European Community in response to an individual order if they have been lawfully put into circulation in that Member State, is, inasmuch as … Continue reading Ortscheit v Eurim-Pharm: ECJ 10 Nov 1994
ECJ (Judgment) 1. Article 85(1) of the Treaty must be interpreted as meaning that it precludes a motor vehicle manufacturer which sells its vehicles through a selective distribution system from agreeing with its authorized dealers that they are not to deliver vehicles to independent leasing companies where, without granting an option to purchase, those companies … Continue reading Bayerische Motorenwerke v ALD: ECJ 24 Oct 1995
ECJ An action brought by a natural or legal person pursuant to the third paragraph of Article 175 of the EEC Treaty and concerning the implementation of Article 90 of the Treaty falls, pursuant to Article 3(1)(c) of Council Decision 88/591 establishing the Court of First Instance, within the jurisdiction of the Court of First … Continue reading Ladbroke Racing v Commission: ECJ 3 May 1993
ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994
Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying or in which it is registered. It has, in particular, competence to adopt, for vessels flying the flag of a Member … Continue reading Etablissements Armand Mondiet SA v Armement Islais SARL: ECJ 24 Nov 1993
The court considered a complaint of sex discrimination in the allocation of social security benefits, and said: ‘although budgetary considerations may influence a Member State’s choice of social policy and affect the nature or scope of the social protection measures it wishes to adopt, they cannot in themselves constitute the aim pursued by that policy … Continue reading Roks and others v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen: ECJ 24 Feb 1994
ICO On 23 October 2007 the complainant made a request for information relating to a contract between Northern Ireland Water and Dalriada Water Ltd concerning the upgrade of existing water treatment facilities in Northern Ireland. Northern Ireland Water initially refused the request before providing a redacted version of the contract to the complainant. The complainant … Continue reading Northern Ireland Water (Decision Notice): ICO 30 Jun 2010
Citations: [2009] UKICO FS50158501 Links: Bailii Jurisdiction: England and Wales Information Updated: 02 June 2022; Ref: scu.532408
Citations: [2010] UKICO FS50245247 Links: Bailii Jurisdiction: England and Wales Information Updated: 02 June 2022; Ref: scu.531496
IPO Ex Parte. Judges: Mr A Pike Citations: 2419092, [2006] UKIntelP o37306 Links: IPO, Bailii Jurisdiction: England and Wales Intellectual Property Updated: 02 June 2022; Ref: scu.454932
The defendant insurance company was found liable to contribute under insurance it had written, 22% of the compensation it had paid out in a mesothelioma claim brought in Guernsey by a Mr le Carre. The company was successor to a company which had employed Mr le Carre for many years, exposing him to asbestos. Other … Continue reading International Energy Group Ltd v Zurich Insurance Plc UK: ComC 24 Jan 2012
EAT Contract of Employment – Wrongful dismissalUnfair Dismissal – Reasonableness of dismissalAppellant appealing against finding that she was neither wrongfully nor unfairly dismissed. She had a full time job but worked one day a week with another body in paid employment. The Tribunal held that the employer was entitled to treat this as a repudiatory … Continue reading Guernina v Thames Valley University: EAT 21 Dec 2006
Note: ‘In accordance with the well established principles of stare decisis the decisions of a higher court are binding on judges sitting in a lower court. This principle serves the interests of legal certainty: see Broome v. Cassell and Co [1972] AC 1027 at 1054. The needs of litigants and their advisers to know where … Continue reading Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007
Brief Order. Judges: Mummey LJ, Smith LJ, Leveson LJ Citations: [2006] EWCA Civ 1858 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Burlo v Langley and Carter CA 21-Dec-2006 The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and … Continue reading Burlo v Langley and Another: CA 21 Dec 2006
Citations: [2006] EWCA Civ 1889 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 02 June 2022; Ref: scu.249096
Citations: [2006] EWHC 3513 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 02 June 2022; Ref: scu.249181
EAT Unfair Dismissal – Constructive dismissalConstructive dismissal case – Appeal based on alleged non-compliance by employee with s.32 (2) of 2002 Act by reason of failure to lodge a grievance in relation to the matters relied on as entitling him to resign – Appeal dismissed because (1) grievance held, on its true construction, to be … Continue reading DMC Business Machines Plc v Plummer: EAT 21 Dec 2006