Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Reinforcement of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings – Article 8(1) – Right of an accused person to attend his trial – Hearing of a prosecution … Continue reading DD (Reiteration De L’Audition D’Un Temoin) (Judgment): ECJ 15 Sep 2022
ECFI Community trade mark – Opposition proceedings – Application for the Community figurative mark BAM – Earlier national figurative mark BAM – Relative ground for refusal – Likelihood of confusion – No similarity of the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-426/09, [2011] EUECJ T-426/09 Links: Bailii Statutes: Regulation (EC) No … Continue reading Bayerische Asphaltmischwerke v OHMI – Koninklijke Bam Groep (Bam): ECFI 26 Oct 2011
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999
ECJ (Commercial Policy) French Text – Opinion – Regulation dumping duty on imports of certain prepared or preserved citrus fruits originating in China – Validity – Determination of normal value – Exporting country not practicing a market economy – Commission’s obligation to exercise diligence to determine the normal value based on the price of a … Continue reading Grunwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt: ECJ 6 Oct 2011
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ – Earlier Community word marks ‘GALILEO’ – Earlier Community figurative mark ‘powered by Galileo’ – Earlier Community figurative marks ‘GALILEO INTERNATIONAL’ – Relative ground for refusal – Lack of likelihood of confusion – Article 8(1)(b) of Regulation … Continue reading Galileo International Technology v OHMI – Galileo Sistemas Y Servicios (Gss Galileo Sistemas Y Servicios): ECFI 6 Oct 2011
ECFI Competition – Cartels – Italy’s first purchase and processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price fixing and market sharing – Participation in the infringement – Duration of the infringement – Fines – Mitigating circumstances – Maximum limit of 10% of sales – Equal treatment – unlimited … Continue reading Romana Tabacchi v Commission: ECFI 5 Oct 2011
ECFI Competition – Agreements, decisions and concerted practices – Italian market for the purchase and first processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Payment of the fine by the jointly and severally liable debtor – Applicant involved in an insolvency procedure in the course … Continue reading Mindo v Commission: ECFI 5 Oct 2011
The claimants had each settled within the UK in accordance with Immigration rules, but now challenged refusal of leave to remain to their husbands who sought to join them. Held: Article 8 did not impose a ‘general obligation on the part of a Contracting State to respect the choice by married couples of the country … Continue reading Abdulaziz, Cabales And Balkandali v United Kingdom: ECHR 28 May 1985
ECFI Competition – Cartels – Italy’s first purchase and processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price fixing and market sharing – Liability for the infringement – Fines – Proportionality – Gravity and duration of the infringement – Attenuating circumstances – Cooperation Citations: T-39/06, [2011] EUECJ T-39/06 Links: … Continue reading Transcatab v Commission: ECFI 5 Oct 2011
ECJ (Freedom To Provide Services) French Text – Freedom to provide services – Article 49 EC – Direct taxation – Income tax – Pension deduction of business expenses – Non-deductibility of remuneration for services provided by persons established in the Member States imposes taxes substantially more advantageous than that Member State tax – Deductibility subject … Continue reading SIAT SA v Belgian State: ECJ 29 Sep 2011
ECFI Community trade mark – Opposition proceedings – Application for registration of the Community word mark VICTORY RED – Earlier international and national word marks Victory – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-356/10, [2011] EUECJ T-356/10 Links: Bailii … Continue reading Nike International v OHMI- Deichmann (Victory Red): ECFI 28 Sep 2011
ECFI Community trade mark – Opposition proceedings – Application for the Community figurative mark PM PROTON MOTOR – Earlier national, Benelux and Community word and figurative marks PROTON – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 … Continue reading Perusahaan Otomobil Nasional v OHMI – Proton Motor Fuel Cell (Pm Proton Motor): ECFI 27 Sep 2011
The claimant appealed against a refusal of his challenge to the respondent’s decision to refuse him leave to remain in the UK. His claim was on article 8 grounds. Judges: Pill, Etherton LJJ, Sir Mark Potter Citations: [2011] EWCA Civ 1081 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, … Continue reading AJ v Secretary of State for The Home Department: CA 21 Sep 2011
ECFI Community trade mark – Application for Community word mark DYNAMIC SUPPORT – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 Citations: T-512/10, [2011] EUECJ T-512/10 Links: Bailii Statutes: Regulation (EC) No 207/2009 7(1)(c) European, Intellectual Property Updated: 20 September 2022; Ref: scu.444622
ECJ (Judgment) Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Tax legislation – Taxation of interest received – Difference in treatment between resident financial institutions and non-resident financial institutions Citations: C-18/15, [2016] EUECJ C-18/15 Links: Bailii Jurisdiction: European European Updated: 19 September 2022; Ref: scu.566895
ECFI Community trade mark – Revocation proceedings – Community word mark CENTROTHERM – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 Citations: T-427/09, [2011] EUECJ T-427/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 51(1)(a) European, Intellectual Property Updated: 19 September 2022; Ref: scu.444372
ECJ Directive 2000/78/EC – Articles 2(2) and 6(1) – Charter of Fundamental Rights of the European Union – Articles 21 and 28 – Collective agreement on pay for public sector contractual employees of a Member State – Pay determined by reference to age – Collective agreement abolishing the determination of pay by reference to age … Continue reading Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark METRONIA – Earlier national figurative mark METRO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-525/09, [2011] EUECJ T-525/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 8(1)(b) European, Intellectual Property Updated: 19 … Continue reading MIP Metro v OHMI – Metronia (Metronia): ECFI 8 Sep 2011
ECFI Community trade mark – Application for the Community word mark BETTER HOMES AND GARDENS – Absolute ground for refusal – Partial refusal by the examiner to register the mark – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 Citations: T-524/09, [2011] EUECJ T-524/09 Links: Bailii Statutes: Regulation (EC) No 207/2009 … Continue reading Meredith v OHIM (Better Homes And Gardens): ECFI 7 Sep 2011
ECFI Community design – Invalidity proceedings – Registered Community design representing an internal combustion engine – Earlier national design – Ground for invalidity – No individual character – Visible features of a component part of a complex product – No different overall impression – Informed user – Degree of freedom of the designer – Articles … Continue reading Kwang Yang Motor v OHMI – Honda Giken Kogyo (Moteur A Combustion Interne) (Intellectual Property): ECFI 9 Sep 2011
ECFI (Competition) Interim measures – Competition – Enquiry – Article 18, paragraph 3 of Regulation (EC) No 1 / 2003 – Application for stay of execution – Lack of urgency Citations: T-292/11, [2011] EUECJ T-292/11 Links: Bailii Jurisdiction: European Commercial Updated: 19 September 2022; Ref: scu.444081
ECJ Directive 2000/78/EC – Article 6(1) – Prohibition of discrimination on grounds of age – Compulsory retirement of prosecutors on reaching the age of 65 – Legitimate aims justifying a difference of treatment on grounds of age – Coherence of the legislation Judges: Cunha Rodrigues P Citations: [2012] ICR 93, [2011] IRLR 1043, [2011] Eq … Continue reading Fuchs v Land Hessen: ECJ 21 Jul 2011
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Rights of the defence – Proof of the infringement – Single and continuous infringement – Fines – Gravity and duration of … Continue reading Toshiba v Commission (Competition): ECFI 12 Jul 2011
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Price fixing. Citations: [2011] EUECJ T-154/07 Links: Bailii Commercial Updated: 16 September 2022; Ref: scu.441811
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Price fixing. Citations: [2011] EUECJ T-150/07 Links: Bailii Jurisdiction: European Commercial Updated: 16 September 2022; Ref: scu.441810
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Rights of the defence – Proof of the infringement – Duration of the infringement – Fines – Starting amount – Reference … Continue reading Mitsubishi Electric v Commission: ECFI 12 Jul 2011
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Pricing. Citations: [2011] EUECJ T-148/07 Links: Bailii Jurisdiction: European Commercial Updated: 16 September 2022; Ref: scu.441808
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Price Fixing. Citations: T-147/07, [2011] EUECJ T-147/07 Links: Bailii Jurisdiction: European Commercial Updated: 16 September 2022; Ref: scu.441807
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Price fixing. Citations: [2011] EUECJ T-149/07 Links: Bailii Jurisdiction: European Commercial Updated: 16 September 2022; Ref: scu.441809
ECFI Competition – Cartels – installation and maintenance of elevators and escalators – Decision finding an infringement of Article 81 EC – Handling bids – Distribution markets – Price fixing. Citations: T-144/07, [2011] EUECJ T-144/07 Links: Bailii Jurisdiction: European Commercial Updated: 16 September 2022; Ref: scu.441806
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Proof of the infringement – Whether liable for the infringement – Duration of the infringement – Fines – Mitigating circumstances – … Continue reading Fuji Electric v Commission: ECFI 12 Jul 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in butadiene rubber and emulsion styrene butadiene rubber – Decision finding an infringement of Article 81 EC – Imputability of the offending conduct – Fines – Gravity and duration of the infringement – Aggravating circumstances. Citations: T-42/07, [2011] EUECJ T-42/07 Links: Bailii European, Commercial Updated: … Continue reading Dow Chemical And Others v Commission (Competition): ECFI 13 Jul 2011
ECFI Community trade mark – Application for Community word mark TRUEWHITE – Absolute grounds for refusal – Article 7, paragraph 1 c) of Regulation No 207/2009 – Brand descriptive. Citations: T-208/10, [2011] EUECJ T-208/10 Links: Bailii European, Intellectual Property Updated: 16 September 2022; Ref: scu.441777
Judgment – Reference for a preliminary ruling – Articles 34 TFEU and 110 TFEU – Directive 94/62/EC – Articles 1(1), 7 and 15 – Distance selling and transport of alcoholic beverages from another Member State – Excise duty on certain beverage packaging – Exemption where packaging is integrated into a deposit and return system – … Continue reading Visnapuu v Kihlakunnansyyttaja: ECJ 12 Nov 2015
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark max BRICO CENTER – Earlier Community figurative marks ATB CENTROS DIY Brico Centro CENTROS DIY BricoCentro – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, sub b of Regulation (EC) No 207/2009. Citations: T-481/09, [2011] EUECJ T-481/09 … Continue reading ATB Norte v OHMI – Bricocenter Italia (Maxi Brico Center): ECFI 28 Jun 2011
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark Affiliato BRICO CENTER – Earlier Community figurative marks ATB CENTROS DIY Brico Centro CENTROS DIY BricoCentro – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, sub b of Regulation (EC) No 207/2009. Citations: T-483/09, [2011] EUECJ T-483/09 … Continue reading ATB Norte v OHMI – Bricocenter Italia (Affiliato Brico Center): ECFI 28 Jun 2011
ECJ Sixth VAT Directive – Interpretation of Article 9(2)(e) – Supply of staff – Supply of drivers not in the employ of the supplier – Place where the services are supplied – Refund. Citations: C-218/10, [2011] EUECJ C-218/10 Links: Bailii Jurisdiction: European Cited by: Opinion – ADV Allround Vermittlungs AG, in liquidation v Finanzamt Hamburg-Bergedorf … Continue reading ADV Allround Vermittlungs AG, in liquidation v Finanzamt Hamburg-Bergedorf: ECJ 28 Jun 2011
ECFI Competition – Cartels – International removal services market in Belgium – Decision finding an infringement of Article 81 EC – Price-fixing – Market-sharing – Bid rigging – Appreciable effect on trade – Fines – 2006 Guidelines on the method of setting fines. Citations: T-199/08, [2011] EUECJ T-199/08 Links: Bailii European Updated: 15 September 2022; … Continue reading Ziegler v Commission (Competition): ECFI 16 Jun 2011
ECFI Competition – Cartels – International removal services market in Belgium – Decision finding an infringement of Article 81 EC – Price-fixing – Market-sharing – Bid-rigging – Single and continuous infringement – Burden of proof. Citations: T-210/08, [2011] EUECJ T-210/08 Links: Bailii European, Commercial Updated: 15 September 2022; Ref: scu.441198
ECJ Competition – Agreements, decisions and concerted practices – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Duration of the infringement – Concepts of ‘agreement’ and ‘concerted practice’ – Access to the file – Fines – Leniency Notice – Equal treatment – Legitimate expectations – Obligation to state … Continue reading Solvay v Commission T-186/06: ECFI 16 Jun 2011
ECFI Competition – Agreements – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Duration of the infringement – Meaning of’accord ‘and’ concerted practice ‘- Access to the file – Fines – Equal treatment – Leniency Notice – Duty to state reasons. Citations: T-195/06, [2011] EUECJ T-195/06 Links: Bailii … Continue reading Solvay Solexis v Commission: ECFI 16 Jun 2011
ECFI Competition – Cartels – Market for international removal services in Belgium – Decision finding an infringement of Article 81 EC – Price-fixing – Market Shares – Handling bids – Single and continuous infringement – Concept of undertaking – Liability for the infringement – Fines – Guidelines on Fines in 2006 – Gravity – Time. … Continue reading Gosselin Group v Commission (Competition) French Text: ECFI 16 Jun 2011
ECFI Competition – Agreements – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Fines – Prescription – Differential treatment – Duration of the infringement – Attenuating circumstances. Citations: T-192/06, [2011] EUECJ T-192/06 Links: Bailii European Updated: 15 September 2022; Ref: scu.441176
ECFI Competition – Agreements, decisions and concerted practices – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Rights of the defence – Obligation to state the reasons on which the decision is based. Citations: T-197/06, [2011] EUECJ T-197/06 Links: Bailii European Updated: 15 … Continue reading FMC v Commission (Competition): ECFI 16 Jun 2011
ECFI Competition – Agreements – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Liability for the infringement – Obligation to state reasons. Citations: T-196/06, [2011] EUECJ T-196/06 Links: Bailii European Updated: 15 September 2022; Ref: scu.441178
ECFI Competition – Agreements, decisions and concerted practices – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Duration of the infringement – Presumption of innocence – Rights of the defence – Fines – Attenuating circumstances. Citations: T-191/06, [2011] EUECJ T-191/06 Links: Bailii European Updated: 15 September 2022; Ref: … Continue reading FMC Foret v Commission (Competition): ECFI 16 Jun 2011
The detention of goods by customs officers is an interference with the peaceful enjoyment of possessions within the meaning of article 1 Citations: (2008) 47 EHRR 24, 40998/98, [2007] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 September 2022; Ref: scu.262134
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
Conjoined hearing of appeals in respect of three judgments covering the cases of five individual immigrants who were placed in detention for periods pending possible removal to other EU Member States pursuant to the asylum claim arrangements under the so-called Dublin III Regulation (Regulation (EU) No. 604/2013 of the European Parliament and of the Council … Continue reading Hemmati and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 4 Oct 2018
The claimant sought asylum, claiming to be a child. Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he posed a significant risk of absconding; and that his detention was … Continue reading SS, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 26 May 2017
Appeal – Article 181 of the Rules of Procedure of the Court – Public service contracts – Negotiated tender procedure for the conclusion of framework contracts for the translation of legal texts – Exclusion of a proposed subcontractor – Professional capacity – Requirement of a complete legal education – Recognition of diplomas Citations: C-590/15, [2016] … Continue reading Brouillard v Court Of Justice Of The European Union (Order): ECJ 10 Nov 2016
ECFI Community design – Invalidity proceedings – Registered Community design representing a watch attached to a lanyard – Prior design – Disclosure of prior design – Individual character – Misuse of powers – Articles 4, 6, 7 and 61 to 63 of Regulation (EC) No 6/2002. Citations: T-68/10, [2011] EUECJ T-68/10, [2011] ECDR 20 Links: … Continue reading Sphere Time v OHMI – Punch (Montre Attachee A Une Laniere): ECFI 14 Jun 2011
The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some … Continue reading Editions Plon (Societe) v France: ECHR 15 Sep 2010
ECJ Appeal – Community designs – Scope of the review of the legality of OHIM decisions relating to designs – The degree of freedom of the designer – Concept of ‘informed user’. Judges: Advocate General Mengozzi Citations: C-281/10, [2011] EUECJ C-281/10 Links: Bailii Jurisdiction: European Cited by: Opinion – Pepsico v Grupo Promer Mon Graphic … Continue reading Pepsico v Grupo Promer Mon Graphic: ECJ 12 May 2011
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
ECJ Appeals – Competition – Agreements, decisions and concerted practices – Graphite electrodes – Article 81(1) EC – Fines – Guidelines on the method of setting fines – Leniency Notice – Production of documents in a Commission investigation. Citations: C-301/04, [2006] EUECJ C-301/04 Links: Bailii Jurisdiction: European Commercial Updated: 11 September 2022; Ref: scu.243004
EU (Competition) Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical product. Citations: C-3/01, [2004] EUECJ C-3/01P Links: Bailii Jurisdiction: European Cited by: See Also – Bundesverband der Arzneimittel-Importeure … Continue reading Bundesverband Der Arzneimittel-Importeure v Bayer And Commission: ECJ 6 Jan 2004
European Union trade mark – Invalidity proceedings – International registration designating the European Union – Word mark Marker Volkl – Earlier European Union word mark VOLKL – Relative ground for invalidity – No likelihood of confusion – No similarity of products – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) … Continue reading Volkl v EUIPO – Marker Dalbello Volkl (International) (European Trade Mark – Judgment) 156: ECFI 7 Sep 2022
The parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint authorship. The parties had been cohabiting at the time of its creation, and though the screenplay had been publicly … Continue reading Martin and Another v Kogan and Others: IPEC 22 Nov 2017
The coroner was to hold an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The Secretary of State issued a public interest immunity certificate in respect of several documents sought for the inquest, which, in part, the Coroner rejected. The court considered the possibility that a Properly Interested Person should be allowed … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London: Admn 27 Jun 2013
ECJ Competition – Agreements, decisions and concerted practices – World market in aluminium fluoride – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Action for annulment – Period allowed for commencing proceedings – Out of time – Inadmissibility – Price-fixing and market-sharing – Evidence of the infringement … Continue reading Fluorsid Spa v European Commission: ECFI 18 Jun 2013
ECJ Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ZYDUS – Opposition by the proprietor of the Community trade mark ZIMBUS – Partial refusal of registration by the Board of … Continue reading Cadila Healthcare Ltd v Office For Harmonisation In The Internal Market (Trade Marks And Designs) (Ohim), Novartis Ag: ECJ 8 May 2013
(Judgment) Appeal – Agreements, decisions and concerted practices – Article 81 EC – Spanish market for penetration bitumen – Market sharing and price coordination – Excessive duration of the proceedings before the General Court of the European Union – Excessive duration of the procedure before the European Commission – Appeal on the cost Citations: ECLI:EU:C:2016:415, … Continue reading Proas v Commission: ECJ 9 Jun 2016
ECJ (Judgment) Preliminary reference – Protection of plant health – Directive 2000/29 / EC – Protection against the introduction and spread in the EU of organisms harmful to plants or plant products – Implementing Decision (EU) 2015/789 – measures to prevent the introduction and spread in the Xylella fastidiosa Union (Wells and Raju) – Article … Continue reading Pesce And Others v Presidenza del Consiglio dei Ministri and others: ECJ 9 Jun 2016
ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark representing a grey chequerboard pattern – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 – Article 52(1) and (2) of Regulation No 207/2009 Judges: … Continue reading Louis Vuitton Malletier v OHMI – Nanunana (Representation D’Un Motif A Damier Gris): ECFI 21 Apr 2015
(Judgment) Community trade mark – Invalidity proceedings – Community word mark WET DUST CAN’T FLY – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 Judges: M. van der Woude, P Citations: T-133/13, [2015] EUECJ T-133/13 Links: Bailii Statutes: Regulation (EC) No … Continue reading Pro-Aqua International v OHMIi – Rexair (Wet Dust Can’t Fly): ECFI 22 Jan 2015
ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage … Continue reading Infopaq International A/S v Danske Dagblades Forening: ECJ 17 Jan 2012
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
Grand Chamber – The applicant alleged that he had been deprived of his right of access to a court as a result of the immunity from jurisdiction upheld by the domestic courts.This was a claim for unfair dismissal, brought before the French courts by the head of the accounts department of the Kuwaiti embassy in … Continue reading Sabeh El Leil v France: ECHR 29 Jun 2011
ECJ On the interpretation and validity, in Case C-36/97, of Article 15(3) of Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (OJ 1992 L 181, p. 12), and, in Case C-37/97, of Article 30a of Regulation (EEC) No 805/68 of the Council of 27 … Continue reading Kellinghusen v Amt fur Land- und Wasserwirtschaft Kiel (Agriculture): ECJ 22 Oct 1998
ECJ Appeal – Competition – Agreements (Article 81 EC) – Rights of the defense – Right of access to the file – Loss of information in the file – Right to be Heard – Principle of reasonable time – Excessive length of proceedings – European Markets soda. Citations: [2011] EUECJ C-110/10 Links: Bailii Jurisdiction: European … Continue reading Solvay v Commission C-110/10: ECJ 14 Apr 2011
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 24816/03, [2022] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 September 2022; Ref: scu.679714
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had held that by a rule of substantive law the … Continue reading Markovic and Others v Italy: ECHR 14 Dec 2006
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The applicant, after arrest, had been forced to regurgitate a bag of cocaine, there was a complaint that article 3 had been violated as well as article 6. Held: Even evidence which may properly be described as ‘independent of the will of the suspect’ which has been obtained by inhuman or degrading treatment may constitute … Continue reading Jalloh v Germany: ECHR 11 Jul 2006
Right to reside – effect of regulation 16(1)(a) of European Economic Area Regulations 2016 – whether excludes a jobseeker from relying on derivative right of residence under Article 10 of Regulation (EU) No. 492/2011 – Jobcenter Krefeld-Widerspruchsstelle v JD (Case No. C-181/19) considered and applied. Citations: [2022] UKUT 123 (AAC) Links: Bailii Jurisdiction: England and … Continue reading Sandwell Metropolitan Borough Council v KK and Secretary of State for Work and Pensions (HB): UTAA 4 May 2022
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Participation in the infringement – Obligation to state reasons – Fines – Turnover relevant – Extenuating Circumstances. Citations: T-375/06, [2011] EUECJ T-375/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431366
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Duration of the infringement. Citations: T-382/06, [2011] EUECJ T-382/06 Links: Bailii European Updated: 04 September 2022; Ref: scu.431365
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Liability for unlawful conduct. Citations: T-376/06, [2011] EUECJ T-376/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431360
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement – Fines – Deterrent effect. Citations: T-386/06, [2011] EUECJ T-386/06, [2011] 2 CMLR 50, [2011] EUECJ C-400/08 Links: Bailii European Updated: 04 September 2022; Ref: scu.431363
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Relevant turnover – Leniency Notice – Guidelines on the method of setting fines – Equal treatment. Citations: T-378/06, [2011] EUECJ T-378/06 Links: Bailii European, Commercial Updated: 04 September … Continue reading IMI And Others v Commission: ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Leniency Notice – Guidelines on the method of setting fines – Attenuating circumstances – Immunity from fines – Legitimate expectations – Equal treatment. Citations: T-381/06, [2011] EUECJ T-381/06 … Continue reading Fra.Bo v Commission: ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Determination of the starting amount of the fine – Proportionality. Citations: T-377/06, [2011] EUECJ T-377/06 Links: Bailii European, Commercial Updated: 04 … Continue reading Comap v Commission: ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Single and continuous infringement – Participation in the infringement. Citations: T-385/06, [2011] EUECJ T-385/06 Links: Bailii European Updated: 04 September 2022; Ref: scu.431337
ECFI Competition – Cartels – Sector copper fittings and copper alloy – Decision finding an infringement of Article 81 EC – Rights of the defense – Participation in the infringement – Duration of the infringement – Fines – Mitigating circumstances – Proportionality – Equal treatment. Citations: T-379/06, [2011] EUECJ T-379/06 Links: Bailii European, Commercial Updated: … Continue reading Kaimer And Others v Commission (Competition) French Text: ECFI 24 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Duration of participation in the infringement – Fines – Aggravating circumstances. Citations: T-384/06, [2011] EUECJ T-384/06 Links: Bailii European, Commercial Updated: 04 September 2022; Ref: scu.431355
ECFI Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Citations: T-486/07, [2011] EUECJ T-486/07 Links: … Continue reading Ford Motor v OHMIi – Alkar Automotive: ECFI 22 Mar 2011
ECHR Judgment : No Article 8 – Right to respect for private and family life : Third Section Citations: 8610/11, [2018] ECHR 681 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 September 2022; Ref: scu.622501
ECJ Judgment – Appeal – European Transport Network – financial aid – Closure – Decision declaring ineligible certain costs and establishing the final tally – Article 263, fourth paragraph TFEU – Action for annulment – Challengeable act – Standing – No one other than the recipient of the Contest Citations: C-281/14, [2016] EUECJ C-281/14, ECLI: … Continue reading SACBO v Commissionand Inea: ECJ 21 Jan 2016
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Rights of the defence – Duty to state the reasons on which the decision is based – Whether answerable for the infringement – … Continue reading Areva and Others v Commission T-121/07: ECFI 3 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Effects within the common market – Notion of continuous infringement – Duration of the infringement – Limitation period – Fines – … Continue reading Siemens and Va Tech Transmission and Distribution v Commission T-124/07: ECFI 3 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Rights of the defence – Duty to state the reasons on which the decision is based – Whether answerable for the infringement – … Continue reading Areva and Others v Commission T-117/07: ECFI 3 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Effects within the common market – Notion of continuous infringement – Duration of the infringement – Limitation period – Fines – … Continue reading Siemens and Va Tech Transmission and Distribution v Commission T-123/07: ECFI 3 Mar 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Effects within the common market – Notion of continuous infringement – Duration of the infringement – Limitation period – Fines – … Continue reading Siemens and Va Tech Transmission and Distribution v Commission T-122/07: ECFI 3 Mar 2011
ECJ (Competition) Appeal – Cartels – European monochloroacetic acid – Rules relating to the accountability of anticompetitive practices of a subsidiary to its parent – the presumption of innocence and personality of penalties – Defence rights – Duty motivation. Citations: C-521/09, [2011] EUECJ C-521/09 Links: Bailii Jurisdiction: European Cited by: See Also – Elf Aquitaine … Continue reading Elf Aquitaine v Commission: ECJ 17 Feb 2011
(French Text) Judges: Josep Casadevall, P Citations: 16023/07 French Text, [2010] ECHR 2225 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011 The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 … Continue reading Gutierrez Suarez v Spain: ECHR 1 Sep 2010
CJEU Directive 92/81/EEC Excise duty on mineral oils Article 2(2) and (3) and Article 8(1)(a) Directive 2003/96/EC Taxation of energy products and electricity Article 2(2), (3) and (4)(b) Scope Fuel additives which are mineral oils or energy products but are not used as motor fuel National taxation regime. Citations: C-517/07, [2008] EUECJ C-517/07, ECLI:EU:C:2008:751 Links: … Continue reading Afton Chemical v Commissioners for Her Majesty’s Revenue and Customs (Taxation): ECJ 18 Dec 2008
ECFI Community trade mark – Opposition proceedings – Application for Community figurative Solaria – Earlier national figurative mark SOLARTIA – Relative ground for refusal – Likelihood of confusion – Similarity of services – Similarity of signs – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009. Citations: T-188/10, [2010] EUECJ T-188/10 Links: Bailii Jurisdiction: … Continue reading DTI v OHMI – Gestion De Recursos Y Soluciones Empresariales (Solaria): ECFI 15 Dec 2010