Search Results for: Article 81 EC

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Chocoladefabriken Lindt and Sprungli v OHIM (Forme D’Un Lapin En Chocolat Avec Ruban Rouge): ECFI 17 Dec 2010

ECFI Community trade mark – Application for three-dimensional CTM – Shape of a bell with red ribbon – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [ now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009]. Citations: T-336/08, [2010] EUECJ T-336/08 … Continue reading Chocoladefabriken Lindt and Sprungli v OHIM (Forme D’Un Lapin En Chocolat Avec Ruban Rouge): ECFI 17 Dec 2010

Ince And Others v Hungary: ECHR 21 Jul 2022

ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 20981/21, [2022] ECHR 598 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 August 2022; Ref: scu.679709

Bayerischer Brauerbund: ECJ 16 Sep 2010

ECJ Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 and of Article 17 of Council Regulation (EEC) No 2081/92 – Conflict between a protected geographical indication, registered in accordance with the simplified procedure under Article 17 of Regulation No 2081/92 and an international mark. Citations: C-120/08, [2010] EUECJ … Continue reading Bayerischer Brauerbund: ECJ 16 Sep 2010

Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 8 Dec 2010

The court was asked ‘whether an EU citizen who is no longer a self-employed person retains the status of worker or self-employed person in the circumstances described in sub-paragraphs (b) and (c) of article 7(3) [of Directive 2004/38] by virtue of his previous employment as a self-employed person.’ Judges: Sedley, Moore-Bick, Elias LLJ Citations: [2010] … Continue reading Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 8 Dec 2010

Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

The claimant was divorced from her husband, a member of the armed forces, and was to receive a share of his pension. She complained that although he had been able to take his share of the pension early, she had been obliged to wait. Held: There was no discrimination. The provisions fell within the ambit … Continue reading Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003

The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003

Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

SGL Carbon v Commission: ECJ 29 Jun 2006

Appeals – Competition – Agreements, decisions and concerted practices – Graphite electrodes – Article 81(1) EC – Fines – Guidelines on the method of setting fines – Leniency Notice – Principle of non bis in idem. Citations: C-308/04, [2006] EUECJ C-308/04 Links: Bailii Jurisdiction: European Commercial Updated: 26 August 2022; Ref: scu.243009

Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very … Continue reading Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

Brouillard (Judgment) : ECJ 6 Oct 2015

Reference for a preliminary ruling – Freedom of movement of persons – Articles 45 TFEU and 49 TFEU – Workers – Employment in the public service – Directive 2005/36/EC – Recognition of professional qualifications – Definition of ‘regulated profession’ – Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium) Citations: … Continue reading Brouillard (Judgment) : ECJ 6 Oct 2015

Trioplast Wittenheim v Commission (Competition): ECFI 13 Sep 2010

ECFI Competition – Cartels – industrial plastic bags – Decision finding an infringement of Article 81 EC – Duration of the infringement – Fines – Gravity of the infringement – Attenuating circumstances – Cooperation during the administrative procedure – Proportionality. Citations: T-26/06, [2010] EUECJ T-26/06 Links: Bailii European, Commercial Updated: 24 August 2022; Ref: scu.424197

Deltafina v Commission (Competition): ECFI 8 Sep 2010

ECFI Competition – Agreements, decisions and concerted practices -Spanish market for the purchase and first processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Consistency between the statement of objections and the contested decision – Rights of the defence – Definition of the relevant market – … Continue reading Deltafina v Commission (Competition): ECFI 8 Sep 2010

Armstrong v Times Newspapers Ltd and others: QBD 7 Dec 2005

Judges: Eady J Citations: [2005] EWHC 2816 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See also – Armstrong v Times Newspapers Ltd and others QBD 17-Dec-2004 Eady J said: ‘repetitive and loose talk about questions can convey the impression there are reasonable grounds to suspect.’ . . See also – Armstrong v Times Newspapers … Continue reading Armstrong v Times Newspapers Ltd and others: QBD 7 Dec 2005

Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010

The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of … Continue reading Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010

Verlagsgruppe News Gmbh v Austria: ECHR 14 Dec 2006

The applicant newspaper had quoted a letter defamatory of a politician which had earlier been published by another paper in the context. The Court said: ‘of its reportage about the then pending defamation proceedings against Mr Heller [the author of the letter] which, involving several . . politicians on the one hand and a well-known … Continue reading Verlagsgruppe News Gmbh v Austria: ECHR 14 Dec 2006

Uzukauskas v Lithuania: ECHR 6 Jul 2010

ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court … Continue reading Uzukauskas v Lithuania: ECHR 6 Jul 2010

Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Jyoti Ceramic Industries v OHMI – Degudent (Ziecon): ECFI 1 Jul 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark ZIECON – Earlier Community word mark CERCON – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Examination of the facts – Article 76 of Regulation No … Continue reading Jyoti Ceramic Industries v OHMI – Degudent (Ziecon): ECFI 1 Jul 2014

Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, according to domestic law, without the consent of the author. Held: After … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

Secretary of State for The Home Department v ST (Eritrea): CA 9 Jun 2010

The Secretary of State appealed against an order requiring him to recognise the respondent as a refugee and to grant permissions accordingly. His ddecision to order her return had been contrary to a finding of the Asylum and Immigration Tribunal. Held: The appeal succeeded. Stanley Burnton LJ said that he would hold: ‘that article 32 … Continue reading Secretary of State for The Home Department v ST (Eritrea): CA 9 Jun 2010

Tay Za v Council: ECFI 19 May 2010

ECJ Common foreign and security policy Restrictive measures against Myanmar Freezing of funds Action for annulment Joint legal basis of Articles 60 EC and 301 EC Obligation to state the reasons on which a decision is based Rights of the defence Right to effective judicial review Right to respect for property Proportionality. Citations: T-181/08, [2010] … Continue reading Tay Za v Council: ECFI 19 May 2010

MDB and Others (Article 12, 1612/68) Italy: UTIAC 2 Jun 2010

TIAC (i) In London Borough of Harrow v Ibrahim Case C-310/08 and Maria Teixeira v London Borough of Lambeth Case C-480/08 the European Court of Justice ECJ confirmed the principle established in the Baumbast Case C-413/99 [2002] ECR I-7091, namely that in order to confer on a child a right of residence Article 12 of … Continue reading MDB and Others (Article 12, 1612/68) Italy: UTIAC 2 Jun 2010

Chalkor v Commission (Competition): ECFI 19 May 2010

ECJ Competition Agreements, decisions and concerted practices Copper plumbing tube industry Decision finding an infringement of Article 81 EC Continuous and multiform infringement Fines Limited participation in the cartel Geographic extent of the relevant market Duration of the infringement Cooperation. Citations: T-21/05, [2010] EUECJ T-21/05 Links: Bailii European Updated: 19 August 2022; Ref: scu.416415

Beifa Group v OHMI- Schwan-Stabilo Schwanhauszer (Instrument D’Ecriture): ECFI 12 May 2010

ECFI Community design – Invalidity proceedings – Registered Community design representing an instrument for writing – Earlier national figurative mark – Ground for invalidity – Use in the Community design of an earlier sign the holder of which has the right to prohibit such use Article 25(1)(e) of Regulation (EC) No 6/2002 – Request for … Continue reading Beifa Group v OHMI- Schwan-Stabilo Schwanhauszer (Instrument D’Ecriture): ECFI 12 May 2010

Turcin And Others v Romania: ECHR 23 Jun 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 46051/19, [2022] ECHR 524 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.678981

Blue Circle Industries v Commission: ECFI 15 Mar 2000

ECJ Competition – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Cement market – Rights of the defence – Access to the file – Single and continuous infringement – General agreement and measures of implementation – Liability for an infringement – Evidence of participation in the general agreement and measures of implementation … Continue reading Blue Circle Industries v Commission: ECFI 15 Mar 2000

Athinaiki Oikogeniaki Artopoiia v OHMI – Ferrero (Ferro): ECFI 15 Mar 2006

Community trade mark – Opposition proceedings – Earlier word mark FERRERO – Application for Community figurative trade mark containing the verbal element ‘FERRO’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 Judges: M. Jaeger, P Citations: T-35/04, [2006] EUECJ T-35/04 Links: Bailii Statutes: Regulation (EC) No … Continue reading Athinaiki Oikogeniaki Artopoiia v OHMI – Ferrero (Ferro): ECFI 15 Mar 2006

EMI Group v The Commissioners for Her Majesty’s Revenue and Customs: ECJ 15 Apr 2010

ECJ (Opinion) Sixth VAT Directive Article 5(6) – Gifts of small value – Samples – Definition – Recorded music – Distribution free of charge for promotional purposes. Judges: Jaaskinen AG Citations: C-581/08, [2010] EUECJ C-581/08 – O Links: Bailii Cited by: Opinion – EMI Group v The Commissioners for Her Majesty’s Revenue and Customs ECJ … Continue reading EMI Group v The Commissioners for Her Majesty’s Revenue and Customs: ECJ 15 Apr 2010

Showa Denko v Commission: ECJ 29 Jun 2006

ECJ Appeals – Competition – Agreements, decisions and concerted practices – Graphite electrodes – Article 81(1) EC – Fines – Guidelines on the method of setting fines – Leniency Notice – Principle of non bis in idem. Citations: C-289/04, [2006] EUECJ C-289/04 Links: Bailii Jurisdiction: European Commercial Updated: 16 August 2022; Ref: scu.243010

Commission v Volkswagen: ECJ 13 Jul 2006

ECJ Appeal – Competition – Article 81(1) EC – Distribution of motor vehicles – Meaning of ‘agreements between undertakings’ – Proof of the existence of an agreement. Citations: C-74/04, [2006] EUECJ C-74/04 Links: Bailii Jurisdiction: European Commercial Updated: 16 August 2022; Ref: scu.243105

Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff composed principally of women – Not permissible where there is no … Continue reading Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

External relations – Europe Agreement between the Communities and Poland – Interpretation of the first indent of Article 37(1) – Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State – Fixed-term contract of employment of a foreign-language assistant – Effect on such … Continue reading Land Nordrhein-Westfalen v Pokrzeptowicz-Meyer: ECJ 29 Jan 2002

Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by … Continue reading Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Hakan Duman v Turkey: ECHR 23 Mar 2010

The claimant said he had not been given appropriate access to a lawyer when in police custody. Held: The use of statements obtained at the stage of the police inquiry and the judicial investigation is not inconsistent with article 6(1), provided that the rights of the defence are respected. Citations: 28439/03, [2010] ECHR 368 Links: … Continue reading Hakan Duman v Turkey: ECHR 23 Mar 2010

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

Total And Elf Aquitaine v Commission: ECFI 14 Jul 2011

ECJ Competition – Agreements – Hydrogen peroxide and sodium perborate – Decision finding an infringement of Article 81 EC – Liability for the infringement – Defence rights – Presumption of innocence – Obligation to state reasons – Equal treatment – Principle individuality of penalties and sanctions – Principle of legality of criminal offenses and penalties … Continue reading Total And Elf Aquitaine v Commission: ECFI 14 Jul 2011

Couture Tech v OHIM (Representation Du Blason Sovietique): ECFI 20 Sep 2011

Community trade mark – Application for a Community figurative mark representing the Soviet coat of arms – Absolute ground for refusal – Whether contrary to public policy or accepted principles of morality – Article 7(1)(f) of Regulation (EC) No 207/2009 Citations: T-232/10, [2011] EUECJ T-232/10 Links: Bailii Statutes: Regulation (EC) No 207/2009 7(1)(f) Jurisdiction: European … Continue reading Couture Tech v OHIM (Representation Du Blason Sovietique): ECFI 20 Sep 2011

Meica v OHMI – Tofutown.Com (Tofuking): ECFI 20 Sep 2011

ECFI Community trade mark – Opposition proceedings – Application for Community word mark TOFUKING – Earlier national word mark King – National Brands and Community word marks Curry King – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) Regulation (EC) No 207/2009 Citations: T-99/10, [2011] EUECJ T-99/10 Links: Bailii … Continue reading Meica v OHMI – Tofutown.Com (Tofuking): ECFI 20 Sep 2011

Arkema France v Commission: ECFI 14 Jul 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 – Equal treatment – Principle of sound administration – Fines – Leniency. Citations: T-189/06, [2011] EUECJ T-189/06 Links: Bailii Statutes: Article 81 EC Jurisdiction: European Commercial … Continue reading Arkema France v Commission: ECFI 14 Jul 2011

Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency: ECJ 11 Feb 2010

ECJ Opinion – Directive 2001/83/EC Article 94 Financial inducements to medical practices which prescribe certain medicinal products to their patients Public health authorities Doctors Freedom to prescribe. Judges: Jaaskinen AG Citations: C-62/09, [2010] EUECJ C-62/09 Links: Bailii Statutes: Directive 2001/83/EC 94 Cited by: See Also – Association of The British Pharmaceutical Industry v Medicines and … Continue reading Association of The British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency: ECJ 11 Feb 2010

Zaichenko v Russia: ECHR 18 Feb 2010

(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010

Chocholac v Slovakia: ECHR 7 Jul 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 81292/17, [2022] ECHR 557 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.679018

Dudgeon v The United Kingdom: ECHR 24 Feb 1983

ECHR Judgment (Just satisfaction) Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings. Citations: [1983] ECHR 2, 7525/76, (1983) 5 EHRR 573 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 50 Jurisdiction: Human Rights Citing: See Also – Dudgeon v The United Kingdom ECHR 22-Oct-1981 ECHR (Plenary Court) Legislation … Continue reading Dudgeon v The United Kingdom: ECHR 24 Feb 1983

Dudgeon v The United Kingdom: ECHR 22 Oct 1981

ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to … Continue reading Dudgeon v The United Kingdom: ECHR 22 Oct 1981

Magee v The United Kingdom: ECHR 6 Jun 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; No violation of Art. 14+6; Pecuniary damage – finding of violation sufficient; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsThe applicant, who had been arrested in Northern Ireland and denied access to a solicitor for over 48 hours, … Continue reading Magee v The United Kingdom: ECHR 6 Jun 2000

Deticek v Sgueglia: ECJ 23 Dec 2009

ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody Decision enforceable in a Member State Wrongful removal of the child Other Member State Other court Custody of the child granted to the other parent Jurisdiction Urgent preliminary … Continue reading Deticek v Sgueglia: ECJ 23 Dec 2009

Solvay v Commission T-58/01: ECFI 17 Dec 2009

ECJ Competition – Agreements – Soda ash market in the Community – Decision finding an infringement of Article 81 EC Agreement guaranteeing to an undertaking a minimum tonnage of sales in a Member State and the purchase of the quantities necessary to attain that minimum tonnage – Commission to impose fines or penalties – Reasonable … Continue reading Solvay v Commission T-58/01: ECFI 17 Dec 2009

Torosian v Greece: ECHR 7 Jul 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 48195/17, [2022] ECHR 560 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.679035

Hong Kong Group v OHMI – We Brand (W E): ECFI 30 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for a Community figurative mark W E – Earlier Community word mark WE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 Citations: T-718/14, [2015] EUECJ T-718/14, ECLI:EU:T:2015:916 Links: Bailii Statutes: Regulation (EC) No 207/2009 … Continue reading Hong Kong Group v OHMI – We Brand (W E): ECFI 30 Nov 2015

McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his … Continue reading McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

Zdanoka v Latvia: ECHR 16 Mar 2006

(Grand Chamber) The applicant alleged that her disqualification from standing for election to the Latvian Parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 to the Convention, and Articles 10 and 11 of the Convention. Citations: [2006] ECHR 231, [2006] ECHR 994, 58278/00 Links: Worldlii, Bailii Statutes: … Continue reading Zdanoka v Latvia: ECHR 16 Mar 2006

Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

Tarariyeva v Russia: ECHR 14 Dec 2006

A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Arambasin v Croatia: ECHR 23 Jun 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 48981/17, [2022] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678939

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

Mosley v The United Kingdom: ECHR 22 Oct 2009

Citations: 48009/08, [2009] ECHR 1840 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008 The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website. Held: A claimant’s Article 8 rights may be engaged even where … Continue reading Mosley v The United Kingdom: ECHR 22 Oct 2009

Hoechst v Commission (Competition): ECFI 30 Sep 2009

ECJ Competition Agreements, decisions and concerted practices Market for monochloroacetic acid Decision finding an infringement of Article 81 EC Market sharing and price-fixing Attributability of the infringement Fines Proportionality Cooperation Aggravating circumstances Repeated infringement Access to the file Report of the Hearing Officer Order to bring the infringement to an end. Citations: T-161/05, [2009] EUECJ … Continue reading Hoechst v Commission (Competition): ECFI 30 Sep 2009

Evets v OHMI (Danelectro): ECFI 23 Sep 2009

ECJ Community trade mark Community word mark DANELECTRO and Community figurative mark QWIK TUNE Failure to observe the time’limit for submitting a request for renewal of the trade marks Application for restitutio in integrum Reformatio in pejus Rights of the defence Right to be heard Article 61(2), second sentence of Article 73, and Article 78 … Continue reading Evets v OHMI (Danelectro): ECFI 23 Sep 2009

Ashoka v OHMI: ECFI 2 Jul 2008

ECJ Community trade mark Application for Community word mark DREAM IT, DO IT! Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 Judges: M. Vilaras (Rapporteur), P Citations: T-186/07, [2008] EUECJ T-186/07, [2008] ETMR 70 Links: Bailii Statutes: Regulation (EC) No 40/94 7(1)(b) European, Intellectual Property Updated: 04 August … Continue reading Ashoka v OHMI: ECFI 2 Jul 2008

Scil Proteins v OHMI: ECFI 12 Nov 2008

ECJ Community trade mark Opposition proceedings Application for Community figurative mark affilene Earlier Community word mark AFFILIN Relative ground for refusal Likelihood of confusion Similarity between products Article 8(1)(b) of Regulation (EC) No 40/94. Citations: T-87/07, [2008] EUECJ T-87/07 Links: Bailii Statutes: Regulation (EC) No 40/94 8(1)(b) European, Intellectual Property Updated: 04 August 2022; Ref: … Continue reading Scil Proteins v OHMI: ECFI 12 Nov 2008

Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

Fratelli Variola Spa v Amministrazione Delle Finanze Dello Stato: ECJ 10 Oct 1973

Europa The concept of ‘charge having equivalent effect’ under the agricultural regulations must be taken to have the same meaning as in articles 9 et seq . Of the treaty. The prohibition of all customs duties and charges having equivalent effect covers any charge levied at the time or by reason of importation and which, … Continue reading Fratelli Variola Spa v Amministrazione Delle Finanze Dello Stato: ECJ 10 Oct 1973

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014

Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr … Continue reading Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014

Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

Tsfayo v The United Kingdom: ECHR 14 Nov 2006

The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006

McFeeley and others v The United Kingdom: ECHR 15 May 1980

(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980

Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 Jul 2009

The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act. Held: It was for the government not the courts to decide policy issues on expenditure, and to set appropriate budgets. The Minister had been free to take into account … Continue reading Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 Jul 2009

JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

Regina (on the application of Baram etc) v Secretary of State for the Home Department: Admn 7 Sep 2001

Asylum seekers had been detained on arrival in the UK, and then released. They challenged the propriety of the detention. The policy was that detention was appropriate where entry had been achieved through breach of immigration control, and did not depend upon whether the detainee might abscond. It appeared that the system worked for the … Continue reading Regina (on the application of Baram etc) v Secretary of State for the Home Department: Admn 7 Sep 2001

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Soliver v Commission: ECFI 10 Oct 2014

ECFI Judgment – Competition – Agreements, decisions and concerted practices – European market in carglass – Decision finding an infringement of Article 81 EC – Market-sharing agreements and exchanges of commercially sensitive information – Regulation (EC) No 1/2003 – Single and continuous infringement – Participation in the infringement Judges: N.J. Forwood (Rapporteur), P Citations: T-68/09, … Continue reading Soliver v Commission: ECFI 10 Oct 2014

Kattner Stahlbau GmbH v Maschinenbauund Metall-Berufsgenossenschaft: ECJ 18 Nov 2008

ECJ Opinion – Preliminary reference – Competition – Compulsory affiliation to a body providing insurance against accidents at work and occupational diseases Whether such a body is to be treated as an undertaking Limits of powers of the Member States to organise their social security systems – Compliance with Community law Freedom to provide services … Continue reading Kattner Stahlbau GmbH v Maschinenbauund Metall-Berufsgenossenschaft: ECJ 18 Nov 2008

Eschig v UNIQA Sachversicherung AG: ECJ 14 May 2009

ECJ Legal expenses insurance Directive 87/344/EEC Article 4(1) Right of insured persons to choose their own lawyer Contractual limitation Multiple insured persons suffering loss as a result of the same event Selection of the legal representative by the insurer Judges: Timmermans, P Citations: [2010] 1 CMLR 5, [2010] Bus LR 1404, C-199/08, [2009] EUECJ C-199/08 … Continue reading Eschig v UNIQA Sachversicherung AG: ECJ 14 May 2009

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006

Regina (Bidar) v Ealing London Borough Council and Another: ECJ 15 Mar 2005

Europa (Grand Chamber of the Court of Justice of the European Union) Citizenship of the Union – Articles 12 EC and 18 EC – Assistance for students in the form of subsidised loans – Provision limiting the grant of such loans to students settled in national territory. The court considered the retrospective nature of a … Continue reading Regina (Bidar) v Ealing London Borough Council and Another: ECJ 15 Mar 2005

Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982

ECJ It would be incompatible with the binding effect which article 189 of the EEC treaty ascribes to directives to exclude in principle the possibility of the obligation imposed by it being relied upon by persons concerned. Particularly in cases in which the community authorities have, by means of a directive, placed member states under … Continue reading Becker v Finanzamt Muenster-Innenstadt: ECJ 19 Jan 1982

Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

‘agreements capable of performing a more complex function will not be regarded as having an anti-competitive object. That applies to clauses which form an integral part of a contract and in that way contribute to defining the basis and the balance of the legal relations between the parties. Indeed, according to a fairly well defined … Continue reading Gottrup-Klim v Danks Landbrugs Grovvaresekskab AmbA: ECJ 1994

Hrbek v OHIM – Blacks Outdoor Retail Ltd: ECJ 29 Nov 2012

ECJ Appeals – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Relative ground for refusal – Likelihood of confusion – Figurative mark – Opposition by the proprietor of an earlier trade mark – Appeal clearly inadmissible and clearly unfounded Judges: U. Lohmus, A P Citations: C-42/12, [2012] EUECJ C-42/12 Links: Bailii … Continue reading Hrbek v OHIM – Blacks Outdoor Retail Ltd: ECJ 29 Nov 2012

Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech. Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of … Continue reading Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

Outokumpu and Luvata v Commission: ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Fines – Size of the market concerned Aggravating circumstances – Repeat infringement Citations: [2009] EUECJ T-122/04 Links: Bailii European, Commercial Updated: 24 July 2022; Ref: scu.342056

Pedro IV Servicios v Total Espana SA: ECJ 2 Apr 2009

ECJ Competition – Competition Agreements, decisions and concerted practices – Article 81 EC Exclusive distribution agreement for motor-vehicle fuels and other fuels – Exemption Regulation (EEC) No 1984/83 Article 12(2) – Regulation (EC) No 2790/1999 Articles 4(a) and 5(a) – Period of exclusivity – Retail price’fixing Judges: A. Rosas, P Citations: C-260/07, [2009] EUECJ C-260/07 … Continue reading Pedro IV Servicios v Total Espana SA: ECJ 2 Apr 2009

KME Germany and Others v Commission (Competition): ECFI 6 May 2009

ECJ Competition – Agreements, decisions and concerted practices – Market for copper industrial tubes – Decision finding an infringement of Article 81 EC -Price-fixing and market-sharing – Fines – Actual impact on the market – Size of the market concerned – Duration of the infringement – Attenuating circumstances – Cooperation. Citations: T-127/04, [2009] EUECJ T-127/04 … Continue reading KME Germany and Others v Commission (Competition): ECFI 6 May 2009

Papierfabrik August Koehler v Commission (Competition) C-338/07: ECJ 2 Apr 2009

Opinion – Appeals Agreements Carbonless paper market Article 81 EC Inconsistency between the statement of objections and the decision Infringement of the rights of the defense Consequences Reasonable length of the proceedings before the Court of First Instance Distortion of the evidence Participation in the infringement Duration of the infringement Infringement Regulation No 17 Article … Continue reading Papierfabrik August Koehler v Commission (Competition) C-338/07: ECJ 2 Apr 2009

Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd (Area Of Freedom, Security and Justice): ECJ 23 Apr 2009

ECJ Judicial cooperation in civil matters – Regulation (EC) No 44/2001 Article 43(1) Jurisdiction and enforcement of judgments – Notion of ‘party’. Citations: C-167/08, [2009] EUECJ C-167/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 43(1) European Updated: 24 July 2022; Ref: scu.342027