Search Results for: Article 81 EC

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Bundesamt Fur Migration Und Fluchtlinge and Asile) (Asylum Policy – Conditions for Granting Refugee Status): ECJ 28 May 2020

(Opinion) Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Conditions for granting refugee status – Directive 2011/95/EU – Interpretation of Article 9(3) – Reasons for persecution – Article 10(1)(e) – Concept of political opinion – Refusal to perform military service – Conscientious objection Citations: C-238/19, [2020] EUECJ … Continue reading Bundesamt Fur Migration Und Fluchtlinge and Asile) (Asylum Policy – Conditions for Granting Refugee Status): ECJ 28 May 2020

Vasilevskiy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 25655/20, [2022] ECHR 707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681108

Dichko And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 33724/14, [2022] ECHR 693 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681077

Shopify v EUIPO – Rossi and Others (Shoppi): ECFI 12 Oct 2022

EU trade mark – Cancellation proceedings – EU figurative mark Shoppi – Earlier EU word mark SHOPIFY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Lack of enhanced distinctiveness of the … Continue reading Shopify v EUIPO – Rossi and Others (Shoppi): ECFI 12 Oct 2022

Khryapko v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 26190/08, [2022] ECHR 687 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681085

Vittamed Technologijos v Valstybine mokesciu inspekcija: ECJ 6 Oct 2022

Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deductions of input VAT – Goods and services used by the taxable person to produce capital goods – Articles 184 to 187 – Adjustment of deductions – Obligation to adjust deductions of VAT in the event of that … Continue reading Vittamed Technologijos v Valstybine mokesciu inspekcija: ECJ 6 Oct 2022

Ataman And Others v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 14676/17, [2022] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681007

Mccann And Healy v Portugal: ECHR 20 Sep 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : Fourth Section Citations: 57195/17, [2022] ECHR 725 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681168

Frolov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 15394/19, [2022] ECHR 711 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681078

Korablevy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 32627/17, [2022] ECHR 698 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681087

Safarov v Azerbaijan: ECHR 1 Sep 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 885/12, [2022] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681026

Orishchenko And Region-36 v Russia: ECHR 20 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 50690/11, [2022] ECHR 743 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681173

Murzina And Averina v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 72855/14, [2022] ECHR 694 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681092

Puzanov v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 26895/14, [2022] ECHR 692 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681096

Kuznetsov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 43853/18, [2022] ECHR 706 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681088

J.I v Croatia: ECHR 8 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 35898/16, [2022] ECHR 670 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681018

Thorn v Sweden: ECHR 1 Sep 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 24547/18, [2022] ECHR 649 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681028

Salinschi v The Republic Of Moldova: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 37760/18, [2022] ECHR 661 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681027

Rabczewska v Poland: ECHR 15 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section Citations: 8257/13, [2022] ECHR 680 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681097

Timokhin And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 6510/21, [2022] ECHR 716 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681105

Philip Morris Products v EUIPO (Together Forward.) (EU Trade Mark – Application for EU Word Mark TOGETHER FORWARD – Judgment): ECFI 5 Oct 2022

EU trade mark – Application for EU word mark TOGETHER. FORWARD. – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 Citations: T-500/21, [2022] EUECJ T-500/21, ECLI:EU:T:2022:609, ECLI:EU:T:2022:609 Links: Bailii Jurisdiction: European Intellectual Property Updated: 14 October 2022; Ref: scu.681821

M.K v Ukraine: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 24867/13, [2022] ECHR 686 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681091

Sadigov v Azerbaijan: ECHR 1 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 1459/14, [2022] ECHR 654 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681025

Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, saying that the respondents had consented to the import within the Directive. Held: The appeal succeeded. The Cuban … Continue reading Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

Trelleborg Industrie Sas v European Commission: ECFI 17 May 2013

ECFI Competition – Agreements, decisions and concerted practices – European market for marine hoses – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Price-fixing, market-sharing and the exchange of commercially sensitive information – Concept of continuing or repeated infringement – Limitation period – Legal certainty – Equal … Continue reading Trelleborg Industrie Sas v European Commission: ECFI 17 May 2013

Parker Itr Srl v European Commission: ECJ 17 May 2013

ECJ Competition – Agreements, decisions and concerted practices – European market for marine hoses – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Price-fixing, market-sharing and the exchange of commercially sensitive information – Attributability of unlawful conduct – Fines – 2006 Guidelines on the method of setting … Continue reading Parker Itr Srl v European Commission: ECJ 17 May 2013

Saat v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 23939/20, [2022] ECHR 668 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681024

Baser And Ozcelik v Turkiye: ECHR 13 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Citations: 30694/15, [2022] ECHR 676 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681008

Jansons v Latvia: ECHR 8 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 1434/14, [2022] ECHR 672 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681017

Bodalev v Russia: ECHR 6 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 67200/12, [2022] ECHR 657 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681011

Zavaliy and Others v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 23342/14, [2022] ECHR 736 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681183

Geles and Others v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 75881/16, [2022] ECHR 666 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681015

Ulusoy And Others v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 73062/16, [2022] ECHR 665 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681030

Birlov And Rakhmatullayev v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 6652/20, [2022] ECHR 708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681074

Guliyeva v Azerbaijan: ECHR 1 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 72608/13, [2022] ECHR 653 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681016

Bat v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Second Section Committee Citations: 57279/11, [2022] ECHR 663 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681009

Gasi and Others v Serbia: ECHR 6 Sep 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Second Section Citations: 24738/19, [2022] ECHR 656 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681014

Bayram And Others v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 20061/17, [2022] ECHR 662 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681010

Three-N-Products v OHMI – Munindra (Pranayur): ECFI 4 Mar 2015

ECJ Community trade mark – Opposition proceedings – Application for Community word mark PRANAYUR – Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-543/13, [2015] EUECJ T-543/13, ECLI:EU:T:2015:134 Links: … Continue reading Three-N-Products v OHMI – Munindra (Pranayur): ECFI 4 Mar 2015

FSA v OHMI – Motokit Veiculos E Acessorios (FSA K-Force): ECFI 4 Mar 2015

Judgment – Community trade mark – Invalidity proceedings – Community word mark FSA K-FORCE – Earlier Community word mark FORCE-X – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75 of Regulation No 207/2009 Citations: T-558/13, [2015] EUECJ T-558/13 Links: Bailii Statutes: Regulation No 207/2009 … Continue reading FSA v OHMI – Motokit Veiculos E Acessorios (FSA K-Force): ECFI 4 Mar 2015

Abos And Others v Romania: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 36002/19, [2022] ECHR 710 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.681072

Uniqa Versicherungen (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation No 1896/2006 – Article 16(2) – Thirty-day period for filing opposition to the European order for payment – Article 20 – Procedure for review – Article 26 – Application of national law for procedural questions not … Continue reading Uniqa Versicherungen (Judgment): ECJ 15 Sep 2022

Pollinis France v Commission (Access To Documents – Standing Committee for Plants, Animals, Food and Feed – Judgment): ECFI 14 Sep 2022

Access to documents – Regulation (EC) No 1049/2001 – Standing Committee for Plants, Animals, Food and Feed – EFSA guidance document on the risk assessment of plant protection products on bees – Individual positions of the Member States – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to protection … Continue reading Pollinis France v Commission (Access To Documents – Standing Committee for Plants, Animals, Food and Feed – Judgment): ECFI 14 Sep 2022

Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

Federation Des Entreprises De La Beaute (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 27 – Safeguard clause – Article 27(1) – Scope – Provisional national protective measures – General measure – Application to a category of cosmetic products containing the same substance – Individual measure – Application to an … Continue reading Federation Des Entreprises De La Beaute (Judgment): ECJ 15 Sep 2022

Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to establish without delay political system in which all citizens have the right to stand for elections without discrimination Article 14 Discrimination Ineligibility to stand for election without declaration of affiliation to one of constitutionally defined ‘constituent peoples’: violation Article 1 … Continue reading Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

Brainlab v OHIM (Brainlab) (Community Trade Mark): ECFI 25 Apr 2012

ECJ Community trade mark – Community word mark BrainLAB – Failure to apply for renewal of the registration of the trade mark – Removal of the trade mark from the register on expiry of registration – Application for restitutio in integrum – Article 81 of Regulation (EC) No 207/2009 Judges: N.J. Forwood P Citations: T-326/11, … Continue reading Brainlab v OHIM (Brainlab) (Community Trade Mark): ECFI 25 Apr 2012

Danske Svineproducenter v Justitsministeriet: ECJ 21 Dec 2011

ECJ Second paragraph of Article 288 TFEU – Regulation (EC) No 1/2005- Protection of animals during transport – Transport by road of domestic animals of the porcine species – Minimum height of compartments – Inspection during a journey – Loading density – Right of Member States to adopt detailed standards Judges: Lenearts J Citations: C-316/10, … Continue reading Danske Svineproducenter v Justitsministeriet: ECJ 21 Dec 2011

Haltergemeinschaft v Hauptzollamt Dusseldorf: ECJ 21 Dec 2011

ECJ Directive 2003/96/EC – Taxation of energy products and electricity – Article 14, paragraph 1, b) – Exemption of energy products used as fuel for aircraft navigation – Fuel provided by the lessor of an aircraft used by charterers of it for their flights for purposes other than providing an air service for consideration Judges: … Continue reading Haltergemeinschaft v Hauptzollamt Dusseldorf: ECJ 21 Dec 2011

Blueroots Technology v EUIPO – Rezk-Salama and Breitlauch (Skilltree Studios): ECFI 14 Sep 2022

EU trade mark – Invalidity proceedings – EU word mark SKILLTREE STUDIOS – Absolute grounds for refusal – Lack of descriptive character – Distinctive character – Article 7(1)(b) and (c) of the regulation (EC) No 207/2009 [now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001] Citations: T-607/21, [2022] EUECJ T-607/21 Links: Bailii Jurisdiction: European Intellectual … Continue reading Blueroots Technology v EUIPO – Rezk-Salama and Breitlauch (Skilltree Studios): ECFI 14 Sep 2022

Itinerant Show Room v EUIPO – Save The Duck (Itinerant) (EU Trade Mark – Judgment) (416): ECFI 14 Sep 2022

EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) , of Regulation (EU) 2017/1001 – Similarity – Reputation – Link – Unfair advantage – Lack of due cause – Article 95(2) … Continue reading Itinerant Show Room v EUIPO – Save The Duck (Itinerant) (EU Trade Mark – Judgment) (416): ECFI 14 Sep 2022

Itinerant Show Room v EUIPO – Save The Duck (Itinerant) (EU Trade Mark – Judgment) (417): ECFI 14 Sep 2022

EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) , of Regulation (EU) 2017/1001 – Similarity – Reputation – Link – Unfair advantage – Lack of due cause – Article 95(2) … Continue reading Itinerant Show Room v EUIPO – Save The Duck (Itinerant) (EU Trade Mark – Judgment) (417): ECFI 14 Sep 2022

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

Ireland v Commission: ECFI 21 Mar 2012

ECFI State aid – Directive 92/81/EEC – Excise duty on mineral oils – Mineral oils used as fuel for alumina production – Exemption from excise duty – Whether the exemption complies with a Council decision of authorisation under Article 8(4) of Directive 92/81 – Presumption of legality attaching to European Union measures – Legal certainty … Continue reading Ireland v Commission: ECFI 21 Mar 2012

Banchila And Others v Russia: ECHR 28 Jul 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 82816/17, [2022] ECHR 616 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 October 2022; Ref: scu.680545

Imi and Others v Commission (Competition): ECFI 19 May 2010

ECJ Competition Agreements, decisions and concerted practices Copper plumbing tubes sector Decision finding an infringement of Article 81 EC Continuous and multiform infringement Interruption of participation Fines Limited participation in the cartel. Citations: T-18/05, [2010] EUECJ T-18/05 Links: Bailii Jurisdiction: European Commercial Updated: 05 October 2022; Ref: scu.416429

Re Trade Marks Act 1994 Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 20 Jun 2003

A case had been referred to the court as to the interpetation of the articles in the Directive. The court replied asking whether the subsequent Ansul judgement answered the questions raised. Held: By agreement with the parties, only one of the questions was answered, and four remained. The court requested the European court to continue. … Continue reading Re Trade Marks Act 1994 Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 20 Jun 2003

UK Registered Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 19 Dec 2001

The applicants sought revocation of the defendant’s trade marks on the grounds that they had not been implemented after five years. It was sensible to go straight from the Directive, rather than the Act which implemented it. The onus was on the holder to demonstrate use. One claim was for medical use, but the product … Continue reading UK Registered Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 19 Dec 2001

Arrieta D Gross v OHMI – International Biocentric Foundation And Others (Biodanza): ECFI 8 Mar 2012

ECFI Community trade mark – Opposition proceedings – Application for the Community figurative mark BIODANZA – Earlier national word mark BIODANZA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Death of the trade mark applicant before adoption of the decision of the Board of Appeal … Continue reading Arrieta D Gross v OHMI – International Biocentric Foundation And Others (Biodanza): ECFI 8 Mar 2012

FL Smidth v Commission: ECFI 6 Mar 2012

ECFI Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Imputability of the unlawful conduct – Duration of the infringement – Fines – Gravity of the infringement – Mitigating circumstances – Cooperation during the administrative procedure – Proportionality – Joint and several … Continue reading FL Smidth v Commission: ECFI 6 Mar 2012

UPM-Kymmene v Commission: ECFI 6 Mar 2012

ECFI Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Duration of the infringement – Single and continuous infringement – Fines – Gravity of the infringement – Mitigating circumstances – Undertaking playing a passive role – Proportionality Citations: T-53/06, [2012] EUECJ T-53/06 … Continue reading UPM-Kymmene v Commission: ECFI 6 Mar 2012

Gioioso v EUIPO – Maxi Di (Mare Gioioso Di Sebastiano Import Export): ECFI 14 Sep 2022

EU trade mark – Opposition proceedings – Application for EU figurative mark MARE GIOIOSO di Sebastiano IMPORT EXPORT – Earlier national figurative mark GIOIA DI MARE – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1(b) of Regulation (EU) 2017/1001 Citations: T-423/21, [2022] EUECJ T-423/21 Links: Bailii Jurisdiction: European Intellectual Property … Continue reading Gioioso v EUIPO – Maxi Di (Mare Gioioso Di Sebastiano Import Export): ECFI 14 Sep 2022

Rechtsanwaltskammer Wien (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 13 – Determination of the applicable legislation – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, d on the other hand, on the free movement of persons – … Continue reading Rechtsanwaltskammer Wien (Judgment): ECJ 15 Sep 2022

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

Tilda Riceland Private v OHMI – Siam Grains (Basmali): ECFI 18 Jan 2012

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark BASmALI – Earlier non-registered trade mark and earlier sign BASMATI – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) Citations: T-304/09, [2012] EUECJ T-304/09 Links: Bailii European, Intellectual Property Updated: … Continue reading Tilda Riceland Private v OHMI – Siam Grains (Basmali): ECFI 18 Jan 2012

Minister Finansow v Kraft Foods Polska: ECJ 26 Jan 2012

ECJ Taxation – VAT – Directive 2006/112/EC – Article 90(1) – Price reduced after the supply has taken place – National legislation which makes the reduction of the taxable amount contingent on the supplier of the goods or services possessing acknowledgment of receipt of a correcting invoice by the purchaser of the goods or services … Continue reading Minister Finansow v Kraft Foods Polska: ECJ 26 Jan 2012

Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

ECJ Environment – Special conservation areas – Assessment of the impact of a plan or project on a protected site – Adverse effect on the integrity of the site Citations: C-258/11, [2012] EUECJ C-258/11 Links: Bailii Jurisdiction: European Cited by: Opinion – Minister For The Environment, Heritage And Local Government v An Bord Pleanala ECJ … Continue reading Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

Veronsaajien oikeudenvalvontayksikko v A Oy: ECJ 19 Jul 2012

ECJ Direct taxation – Freedom of establishment – Free movement of capital – EEA Agreement – Articles 31 and 40 – Directive 2009/133/EC – Scope – Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement – Refusal of a tax … Continue reading Veronsaajien oikeudenvalvontayksikko v A Oy: ECJ 19 Jul 2012

Google and Alphabet v Commission (Google Android): ECFI 14 Sep 2022

Competition – Abuse of dominant position – Smart mobile devices – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Concepts of multi-sided platform and market (‘ecosystem’) – Operating system (Google Android) – App store (Play Store) – Search and browser applications (Google Search and Chrome) – Agreements … Continue reading Google and Alphabet v Commission (Google Android): ECFI 14 Sep 2022

Lotion v EUIPO (Black Irish) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 Citations: T-498/21, [2022] EUECJ T-498/21 Links: Bailii Jurisdiction: European … Continue reading Lotion v EUIPO (Black Irish) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

Balaban v EUIPO (Stahlwerk): ECFI 14 Sep 2022

EU trade mark – Application for EU word mark STAHLWERK – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 Citations: T-705/21, [2022] EUECJ T-705/21 Links: Bailii Jurisdiction: European Intellectual Property Updated: 04 October 2022; Ref: scu.681053

Balaban v EUIPO (Stahlwerkstatt) (Eu Trade Mark – Judgment): ECFI 14 Sep 2022

EU trade mark – Application for EU word mark Stahlwerkstatt – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 Citations: T-706/21, [2022] EUECJ T-706/21 Links: Bailii Jurisdiction: European Intellectual Property Updated: 04 October 2022; Ref: scu.681054

J Sch Omnibusunternehmen and K Reisen (Judgment): ECJ 15 Sep 2022

Reference for a preliminary ruling – Procedures for the award of public contracts – Directive 2014/24/EU – Article 57(4), first subparagraph, point (d) – Optional grounds for exclusion – Agreements with other economic operators with a view to distorting competition – Directive 2014/25/EU – Article 36(1) – Principles of proportionality and equal treatment of tenderers … Continue reading J Sch Omnibusunternehmen and K Reisen (Judgment): ECJ 15 Sep 2022

Privatbrauerei Eichbaum v EUIPO – Anchor Brewing Company (Steam) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

EU trade mark – Revocation proceedings – EU word mark STEAM – Genuine use of the mark – Nature of use – Article 18(1), second subparagraph, heading (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 Citations: T-609/21, [2022] EUECJ … Continue reading Privatbrauerei Eichbaum v EUIPO – Anchor Brewing Company (Steam) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

Methanol Holdings (Trinidad) v Commission: ECFI 14 Sep 2022

Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Article 3(1) to (3) and (5) to (8) of Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry … Continue reading Methanol Holdings (Trinidad) v Commission: ECFI 14 Sep 2022

Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of … Continue reading Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

David Robson v Eric Mitchell (HM Inspector of Taxes): ChD 8 Jul 2004

The taxpayer sought capital gains tax relief of a loan to a business. Held: To succeed in his claim the taxpayer had to establish that the indebtedness created was to be used entirely to serve the borrower’s business. Judges: The Honourable Mr Justice Patten Citations: [2004] EWHC 1596 (Ch), Times 22-Jul-2004 Links: Bailii Statutes: Taxation … Continue reading David Robson v Eric Mitchell (HM Inspector of Taxes): ChD 8 Jul 2004

Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

ECJ 1. The prohibition on the levying of charges having an effect equivalent to customs duties, whether it has its origin in the general rule contained in article 13 of the treaty with effect from 1 january 1970, at the end of the transitional period, or in the special provision of article 12 of regulation … Continue reading Amministrazione Delle Finanze Dello Stato v Ariete Spa: ECJ 10 Jul 1980

Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark. Held: The word ‘Mail’ has not acquired a descriptive meaning, and nor is there any requirement in the law … Continue reading Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

Director of Public Prosecutions v Ziegle and Others: Admn 22 Jan 2019

Appeals by case stated from failures at trials of charges of obstructing the public highway in the course of protests at the opening of a Defence and Security fair. Held: The DPP’s appeals were granted for the first four defendants but rejected for the second group as being without jurisdiction. As to the first four … Continue reading Director of Public Prosecutions v Ziegle and Others: Admn 22 Jan 2019

Semyan And Others v Russia: ECHR 28 Jul 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 56813/10, [2022] ECHR 610 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 October 2022; Ref: scu.680555

Protectoplus v EUIPO (Li-Safe) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

EU trade mark – Application for EU word mark Li-SAFE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Absence of distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Limitation of the goods designated in the trade mark application Citations: T-795/21, [2022] EUECJ T-795/21 Links: Bailii Jurisdiction: … Continue reading Protectoplus v EUIPO (Li-Safe) (EU Trade Mark – Judgment): ECFI 14 Sep 2022

Quinn Barlo And Others v Commission: ECFI 30 Nov 2011

ECFI Competition – Agreements, decisions and concerted practices – Market for methacrylates – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Concept of single infringement – Duration of the infringement – Fines – Gravity of the infringement – Mitigating circumstances Judges: Czucz R P Citations: T-208/06, [2011] … Continue reading Quinn Barlo And Others v Commission: ECFI 30 Nov 2011

Welsh And Silva Canha v Portugal: ECHR 30 Aug 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Committee Citations: 58106/15, [2022] ECHR 642 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 September 2022; Ref: scu.680574

SZ – Tovorni Promet v Commission (Judgment): ECFI 14 Sep 2022

Directive 2014/25/EU – Procurement procedures in the water, energy, transport and postal services sectors – Implementing Decision on the applicability of Article 34 of the Directive 2014/25 to freight transport by rail in Slovenia – Direct exposure to competition – Product market definition – Geographic market definition – Assessment of direct exposure to competition – … Continue reading SZ – Tovorni Promet v Commission (Judgment): ECFI 14 Sep 2022

Sachsa Verpackung v Commission: ECFI 16 Nov 2011

ECFI (Competition) French Text – Competition – Cartels – industrial plastic bags – Decision finding an infringement of Article 81 EC – Price fixing – Allocation of sales quotas by geographical area – Distribution of clients – Exchange of individualized information – Proof of offense – Duration of the infringement – Fines – Gravity of … Continue reading Sachsa Verpackung v Commission: ECFI 16 Nov 2011

Pukka Luggage v OHMI- Azpiroz Arruti (Pukka): ECFI 23 Nov 2011

ECFI Intellectual Property – Community trade mark – Opposition proceedings – Application for Community word mark PUKKA – Opposition by the proprietor of Community and national figurative marks featuring the word element pukas – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register. Judges: Pelikanova P Citations: T-483/10, [2011] EUECJ T-483/10 Links: … Continue reading Pukka Luggage v OHMI- Azpiroz Arruti (Pukka): ECFI 23 Nov 2011

Nolin v Commission: ECFI 15 Nov 2011

ECFI (Staff Regulations) French Text – Appeal – Civil Service – Officials – Promotion – Removal of merit points and priority as a result of a promotion based on Article 29 of the Statute – Legal basis – Jurisdiction of the perpetrator – Principle of non- discrimination Judges: Jaeger P Citations: T-58/11, [2011] EUECJ T-58/11 … Continue reading Nolin v Commission: ECFI 15 Nov 2011

Monster Cable Products v OHMI- Live Nation (Music): ECFI 23 Nov 2011

ECFI Community trade mark – Opposition proceedings – Application for Community word mark MONSTER ROCK – Earlier national mark MONSTERS OF ROCK – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 Judges: Pelikanova P Citations: T-216/10, [2011] … Continue reading Monster Cable Products v OHMI- Live Nation (Music): ECFI 23 Nov 2011

RKW v Commission (2): ECFI 16 Nov 2011

ECFI Competition – Cartels – Sector Industrial plastic bags – Decision finding an infringement of Article 81 EC – Fines – Guidelines for the calculation of fines – Maximum limit of 10% of sales – Implementation – legality – proportionality – Equal treatment – Single and continuous infringement – Attenuating circumstances – Exclusively passive role … Continue reading RKW v Commission (2): ECFI 16 Nov 2011

Low and Bonar And Bonar Technical Fabrics v Commission: ECFI 16 Nov 2011

ECFI (Competition) Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Single and continuous infringement – Fines – Attenuating circumstances – Passive role – Proportionality – Equal treatment – Unlimited jurisdiction Judges: Pelikanova P Citations: T-59/06, [2011] EUECJ T-59/06 Links: Bailii European … Continue reading Low and Bonar And Bonar Technical Fabrics v Commission: ECFI 16 Nov 2011

Jerzy-Roman Janowiec and Others v Russia: ECHR 19 Nov 2007

Admissible – complaint by Polish nationals as to failure to supply information about the Katyn massacre during the second world war. Judges: Dean Spielmann, P Citations: 55508/07, [2007] ECHR 1830 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Admissibility – Janowiec And Others v Russia ECHR 21-Oct-2013 ECHR Grand Chamber … Continue reading Jerzy-Roman Janowiec and Others v Russia: ECHR 19 Nov 2007