1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the … Continue reading Autorita per l’energia elettrica e il gas v Bertazzi (Order 2): ECJ 7 Mar 2013
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public sector – stabilization procedure – Recruitment workers employed for a fixed term as statutory public servants … Continue reading Autorita per l’energia elettrica e il gas v Bertazzi (Order): ECJ 7 Mar 2013
ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of Directive 2005/85 – Application by a third country national for refugee status – Failure to provide reasons justifying the grant of international protection … Continue reading Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 28 Jul 2011
ECJ Competition Concentrations Request for information Article 11(3) of Regulation (EC) No 139/2004 – Need for the information requested Proportionality Reasonable time – Misuse of powers Breach of the principle of legitimate expectation. T-145/06, [2009] EUECJ T-145/06 Bailii European Commercial Updated: 20 January 2022; Ref: scu.286165
ECJ (Judgment) Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 34(2) – Defendant not entering an appearance – Recognition and enforcement of judgments – Grounds for refusing enforcement – Document instituting proceedings not served on the defendant in sufficient time – Concept of ‘proceedings to challenge a judgment’ – Application for … Continue reading Lebek v Janusz Domino: ECJ 7 Jul 2016
(Judgment) EU trade mark – Revocation proceedings – EU word mark FRUIT – Genuine use of a mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 – External use of the mark ECLI:EU:T:2016:395, [2016] EUECJ T-431/15 Bailii European, Intellectual Property Updated: 19 January 2022; Ref: scu.566725
ECJ (Judgment) European Union trade mark – Proceedings for a declaration of invalidity – European Union word mark LUCEO – Absolute ground for refusal – Bad faith during the filing of the application for registration – Article 52(1)(b) of Regulation (EC) No 207/2009 G. Berardis, P ECLI:EU:T:2016:396, [2016] EUECJ T-82/14 Bailii Regulation (EC) No 207/2009 … Continue reading Copernicus-Trademarks v EUIPO – Maquet (Luceo): ECFI 7 Jul 2016
ECJ 1. Subsidies for oil seeds granted pursuant to Article 27(1) of Regulation No 136/66 are in breach of that provision whenever the actual amount of those subsidies exceeds the difference between the target price and the world market price for a particular species. It follows that Regulation No 735/85 fixing the amount of the … Continue reading Cargill v Produktschap voor Margarine, Vetten en Olien: ECJ 20 Jun 1991
ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Procurement procedure in railway infrastructure sector – Negotiated procedure – Directive 2004/17/EC – Article 10 – Article 51(3) – Principle of equal treatment of tenderers – Group … Continue reading Mt Hojgaard And Zublin v Banedanmark: ECJ 24 May 2016
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section 39378/15, [2021] ECHR 1029 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 19 January 2022; Ref: scu.670437
ECJ Judgment – Mark of the European Union – Invalidity proceedings – the figurative mark EU Alfredo alla Scrofa – Earlier national word mark THE ORIGINAL ALFREDO – Request for proof of use – Article 57, paragraph 2 of Regulation (EC) No 207/2009 – relative ground for refusal – Article 8, paragraph 1 b) of … Continue reading Mozzetti v EUIPO – Di Lelio (Alfredo Alla Scrofa): ECFI 6 Jul 2016
ECJ (Judgment) Mark of the European Union – Invalidity proceedings – the figurative mark EU ALFREDO’S GALLERY alla Scrofa Roma – Earlier national word mark THE ORIGINAL ALFREDO – Request for proof of use – Article 57, paragraph 2 of Regulation ( EC) No 207/2009 – relative ground for refusal – Article 8, paragraph 1 … Continue reading Mozzetti v EUIPO – Di Lelio (Alfredo’s Gallery Alla Scrofa Roma): ECFI 6 Jul 2016
Europa Article 82 EC Abuse of dominant position Pharmaceutical products Refusal to supply wholesalers engaging in parallel exports Ordinary orders. C-476/06, [2008] EUECJ C-476/06, C-468/06, C-469/06, C-470/06, C-471/06, C-472/06, C-473/06, C-474/06, C-475/06, C-476/06, C-477/06, C-478/06 Bailii European Commercial Updated: 18 January 2022; Ref: scu.276393
ECJ Common organisation of the markets in the sugar sector Isoglucose Determination of the basic quantities used for the allocation of production quotas Isoglucose produced as an intermediate product Article 24(2) of Regulation (EEC) No 1785/81 Article 27(3) of Regulation (EC) No 2038/1999 Article 1 of Regulation (EC) No 2073/2000 Article 11(2) of Regulation (EC) … Continue reading Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 8 Mar 2007
ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality plan – Penalties)‘1. Article 22(1) of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on … Continue reading Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 19 Nov 2014
UTIAC Head note 3 of the Upper Tribunal’s decision in Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) applies to the version of para 399(a) of the Immigration Rules that was in force as at 27 July 2014. It does not apply to the current version of para 399(a) of the Immigration … Continue reading AB (Para 399(A)): UTIAC 20 Nov 2015
ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national students – Directive 2004/38/EC – Article 24(2) – Derogation … Continue reading Commission v Netherlands: ECJ 2 Jun 2016
ECJ (Judgment) Failure of a Member State to fulfil obligations – Air transport – Regulation (EEC) No 95/93 – Allocation of slots at European Union airports – Article 4(2) – Independence of the coordinator – Concept of ‘interested party’ – Airport managing body – Functional separation – System of financing C-205/14, [2016] EUECJ C-205/14, ECLI:EU:C:2016:393 … Continue reading Commission v Portugal: ECJ 2 Jun 2016
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Principles of equal treatment and non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 2, 3 and 6 – Difference in treatment on grounds of age – National legislation providing, in certain situations, for higher taxation … Continue reading C: ECJ 2 Jun 2016
ECJ (Judgment) Reference for a preliminary ruling – Public contracts – Directive 2004/18/EC – Article 1(2)(a) – Concept of ‘public contract’ – Scheme for acquiring goods consisting of the authorisation as a supplier of any economic operator who meets the predetermined criteria – Supply of medicinal products that are refundable under a general social security … Continue reading Falk Pharma v DAK-Gesundheit: ECJ 2 Jun 2016
ECJ (Judgment) Reference for a preliminary ruling – Taxation – Value added tax – Directive 2006/112/EC – Article 9(1) – Definition of ‘taxable person for the purposes of value added tax’ and ‘economic activity’ – Article 24(1) – Definition of ‘supply of services’ – Agricultural engineering works – Construction and operation of a water disposal … Continue reading Lajver Melioracios Nonprofit Kft v NAV: ECJ 2 Jun 2016
ECJ (Order) Appeal – Cartels – European prestressing steel market – Commission Decision amending the fines imposed on certain undertakings and granting a new deadline for the payment of the fines – Lack of interest in bringing other companies with fines remained unchanged – Article 181 of the Rules of procedure of the Court – … Continue reading Moreda-Riviere Trefilerias v Commission: ECJ 17 Dec 2015
(Value Added Tax (VAT) – Hospital and Medical Care – Judgment) Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions – Hospital and medical care – Hospital establishments – Services provided under social conditions comparable to those applicable to bodies governed by public law … Continue reading Idealmed III – Servicos de Saude SA v Autoridade Tributaria e Aduaneira: ECJ 5 Mar 2020
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 2 with regard to the general obligation to protect life ; No separate issue under Art. 13 ; … Continue reading Nachova and Others v Bulgaria: ECHR 6 Jul 2005
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
ECHR Grand Chamber – Article 3 Inhuman treatment Positive obligations Alleged failure adequately to account for fate of Polish prisoners executed by Soviet secret police at Katyn in 1940: no violation Article 35 Article 35-3 Ratione temporis Court’s temporal jurisdiction in respect of deaths that occurred 58 years before the Convention entered into force in … Continue reading Janowiec And Others v Russia: ECHR 21 Oct 2013
(Grand Chamber) Article 2 imposes, in certain circumstances, a freestanding obligation in relation to the investigation of a death which applied even where the death itself had occurred before the member state ratified the Convention.: ”The court reiterates that the provisions of the Convention do not bind a contracting party in relation to any act … Continue reading Silih v Slovenia: ECHR 9 Apr 2009
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee 39703/07, [2021] ECHR 1037 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 16 January 2022; Ref: scu.670404
ECJ (Judgment) Mark of the European Union – Application for verbal mark of the European Union Mark1 – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 [2016] EUECJ T-844/14, ECLI:EU:T:2016:289 Bailii European, Intellectual Property Updated: 15 January 2022; Ref: scu.563398
ECJ (Judgment) State aid – Sports Facilities provided by non-profit organizations – operating or investment Grants to afford to build, operate, maintain, rebuild or develop sports installations without lucrative purpose – Decision declaring the aid compatible with the internal market – Article 107, paragraph 3, c) TFEU – Action for annulment – individual concern – … Continue reading Hamr – Sport v Commission: ECFI 12 May 2016
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Common agricultural policy – Regulation (EC) No 73/2009 – Direct support schemes – Article 29, paragraph 1 – Obligation to make payments to beneficiaries in full – Income tax Income [2016] EUECJ C-462/15 – CO, ECLI: EU:C:2016:317 Bailii European, … Continue reading Pudans C-462/15: ECJ 28 Apr 2016
ECJ (Judgment) Reference for a preliminary ruling – Value added tax – Directive 2006/112/EC – Articles 2(1)(c) and 9(1) – Taxable persons – Economic activities – Definition – Transport of schoolchildren C-520/14, [2016] EUECJ C-520/14, ECLI:EU:C:2016:334 Bailii European, VAT Updated: 15 January 2022; Ref: scu.563395
ECJ Reference for a preliminary ruling – Cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation (CE) No 1393/2007 – Article 8 – Failure to provide a translation of the document – Refusal to accept a document – Linguistic knowledge of the addressee of the document – Review by … Continue reading Alta Realitat (Order): ECJ 28 Apr 2016
ECJ (Judgment) EU trade mark – Application for EU figurative mark Mark1 – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 [2016] EUECJ T-32/15, ECLI:EU:T:2016:287 Bailii European, Intellectual Property Updated: 15 January 2022; Ref: scu.563397
EWCJ (Judgment) EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark AROMA – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 T-749/14, [2016] EUECJ T-749/14, ECLI:EU:T:2016:286 Bailii European, Intellectual Property Updated: 15 January 2022; … Continue reading Chung-Yuan Chang v EUIPO – Bsh Hausgerate (Aroma): ECFI 12 May 2016
ECJ (Judgment) EU trade mark – International registration designating the European Union – Figurative mark representing white and blue square-shaped packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 T-806/14, [2016] EUECJ T-806/14, ECLI:EU:T:2016:284 Bailii European Intellectual Property Updated: 15 January 2022; Ref: scu.563392
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 1 60839/13, [2017] ECHR 418 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607562
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Procedural guarantees of review Article 5-5 39322/12, [2017] ECHR 470 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607565
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Disciplinary proceedings Article 6-1 – Access to court 33392/12, [2017] ECHR 469 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607576
ECHR Judgment : No violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment 39210/07, [2017] ECHR 407 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607572
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Reasonable time 36888/13, [2017] ECHR 397 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607561
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-3 – Reasonableness of pre-trial detention Trial within a reasonable time 36249/14, [2017] ECHR 398 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607556
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time 30376/13, [2017] ECHR 396 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607546
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court 23915/15, [2017] ECHR 449 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607544
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Inhuman treatment Substantive aspect 31632/10, [2017] ECHR 392 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607553
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Deprivation of property 18561/10, [2017] ECHR 391 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607552
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Inhuman treatment Substantive aspect 51099/10, [2017] ECHR 482 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607539
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 1 3001/06, [2017] ECHR 339 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607494
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-3 – Length of pre-trial detention 73999/14, [2017] ECHR 350 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607482
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee 47505/19, [2021] ECHR 1057 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.670398
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee 74389/10, [2021] ECHR 1039 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 13 January 2022; Ref: scu.670428
Europa Article 82 EC Abuse of dominant position – Pharmaceutical products – Refusal to supply wholesalers engaging in parallel exports – Ordinary orders. C-477/06, [2008] EUECJ C-477/06, C-468/06, C-469/06, C-470/06, C-471/06, C-472/06, C-473/06, C-474/06, C-475/06, C-476/06, C-477/06, C-478/06 Bailii European Commercial Updated: 13 January 2022; Ref: scu.276394
The applicant had been convicted of sexual abuse of a child. The evidence against him consisted of a statement made by the child’s mother about what her daughter had told her, and evidence by a police officer who had questioned the daughter shortly after the offence. The daughter was not available to be questioned by … Continue reading PS v Germany: ECHR 20 Dec 2001
ECJ (Judgment) Non-contractual liability – Health policy – Fight against Avian Influenza – Import Prohibition in wild birds captured Union – Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139 / 2013 – sufficiently serious breach of rules of law conferring rights on individuals – Infringement manifest and serious limitations of discretion – Proportionality … Continue reading Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016
ECJ Judgment – Dumping – Imports of solar glass originating in the People’s Republic of China – Definitive anti-dumping duty – Market Economy Treatment (MET) – Article 2(7)(b) and (c), third indent, of Regulation (EC) No 1225/2009 – Significant distortion arising from the former non-market economy system – Tax incentives T-586/14, [2016] EUECJ T-586/14, [2019] … Continue reading Xinyi Pv Products (Anhui) v Commission: ECFI 16 Mar 2016
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee 16390/17, [2021] ECHR 1045 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 12 January 2022; Ref: scu.670422
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee 75237/10, [2021] ECHR 1054 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 12 January 2022; Ref: scu.670399
Europa Article 82 EC Abuse of dominant position Pharmaceutical products Refusal to supply wholesalers engaging in parallel exports Ordinary orders. C-478/06, [2008] EUECJ C-478/06, C-468/06, C-469/06, C-470/06, C-471/06, C-472/06, C-473/06, C-474/06, C-475/06, C-476/06, C-477/06 Bailii European European Updated: 10 January 2022; Ref: scu.276395
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee 55390/20, [2021] ECHR 1021 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 10 January 2022; Ref: scu.670425
ECJ Community Customs Code – Articles 213, 233 and 239 – Joint and several liability of several debtors for the same customs debt – Remission of import duties – Extinction of the customs debt – No possibility for a jointly and severally liable debtor to rely on a remission granted to another debtor [2011] EUECJ … Continue reading Berel And Others (Customs Union): ECJ 17 Feb 2011
ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark STICK MiniMINI Beretta – Earlier Community word mark MINI WINI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Article 8(3) of Regulation (EC) No 216/96 T-247/14, [2016] EUECJ … Continue reading Meica v OHMI – Salumificio Fratelli Beretta (Stick Minimini Beretta): ECFI 4 Feb 2016
ECJ Order – Preliminary reference – Rome Convention on the law applicable to contractual obligations – First Protocol on the interpretation by the Court of the Rome Convention – Articles 1 and 2, a) and b) – National courts have the power to seize the Court for a preliminary ruling – Court clearly lacking C-397/15, … Continue reading Raiffeisen Privatbank Liechtenstein v Lukath: ECJ 13 Jan 2016
ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Article 4 – Secondary treatment or equivalent – Annex I, Sections B and D C-398/14, [2016] EUECJ C-398/14, ECLI:EU:C:2016:61 Bailii European, Utilities Updated: 10 January 2022; Ref: scu.559462
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee 1691/21, [2021] ECHR 1022 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 10 January 2022; Ref: scu.670439
The claimant said that the English law on assisted conception infringed her right to family life. She had began treatment with her partner, and was given a cycle of in-vitro fertilisation before her cancerous condition required removal of her ovaries. Her relationship foundered, and before she applied to have the embryo implanted, her former partner … Continue reading Evans v United Kingdom: ECHR 10 Apr 2007
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Alifoods – Earlier international and Community word marks ALDI – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Rule 19(2)(a)(ii) of Regulation (EC) No … Continue reading Aldi Einkauf v OHMI – Alifoods (Alifoods): ECFI 26 Nov 2014
ECJ Judgment – Competition – Administrative procedure – Decision finding a refusal to submit to an inspection and imposing a fine – Article 23(1)(c) of Regulation (EC) No 1/2003 – Presumption of innocence – Rights of the defence – Proportionality – Obligation to state reasons T-272/12, [2014] EUECJ T-272/12, ECLI:EU:T:2014:995 Bailii European Commercial Updated: 08 … Continue reading Energeticky A Prumyslovy And Ep Investment Advisors v Commission: ECFI 26 Nov 2014
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the Convention. Held: The second paragraph reserves to States the right to enact such laws … Continue reading Mellacher and Others v Austria: ECHR 19 Dec 1989
ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – Article 39 – Right to an effective remedy – Multiple asylum claims – Non-suspensory effect of an appeal against a decision of … Continue reading Tall v Centre public d’action sociale de Huy: ECJ 17 Dec 2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
ECJ Judgment – References for a preliminary ruling – Directive 2004/39/EC – Articles 4(1) and 19(4), (5) and (9) – Markets in financial instruments – Concept of ‘investment services and activities’ – Provisions to ensure investor protection – Conduct of business obligations when providing investment services to clients – Obligation to assess the suitability or … Continue reading Banif Plus Bank Zrt v Marton Lantos: ECJ 3 Dec 2015
ECJ Judgment – Community trade mark – Application for Community trade mark KJ Kangoo Jumps XR – Absolute ground for refusal – Devoid of any distinctive character – Article 7(1)(b) of Regulation No 207/2009 T-390/14, [2015] EUECJ T-390/14, ECLI:EU:T:2015:897 Bailii European, Intellectual Property Updated: 07 January 2022; Ref: scu.556039
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Committee 39717/19, [2021] ECHR 978 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 07 January 2022; Ref: scu.670171
Judgment – Public service – Remuneration – Termination of service – Article 6, paragraph 1 of Annex VII to the Staff – Resettlement allowance at the basic rate of two months’ basic salary – Change of applicant’s residence – the daughter of Residence the applicant – Proof ECLI:EU:F:2015:139, F-37/15, [2015] EUECJ F-37/15 Bailii European Updated: … Continue reading Van Der Spree v Commission: ECJ 19 Nov 2015
Judgment – Community trade mark – Invalidity proceedings – Community figurative mark WISENT – Earlier national three-dimensional mark ZUBROWKA – Relative grounds for refusal – Similarity of the marks – Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009 T-449/13, [2015] EUECJ T-449/13, ECLI:EU:T:2015:839 Bailii European, Intellectual Property Updated: 06 January 2022; Ref: … Continue reading Cedc International v OHMI – Fabryka Wodek Polmos Lancut (Wisent): ECFI 12 Nov 2015
ECJ Judgment – Appeal – Public service contracts – Joint Action 2008/124/CFSP – Call for tenders for helicopter support for the Eulex Mission in Kosovo – Action brought against the decision awarding the contract – Article 24(1), second subparagraph, TEU – Article 275, first subparagraph, TFEU – Common foreign and security policy (CFSP) – Jurisdiction … Continue reading Elitaliana v Eulex Kosovo: ECJ 12 Nov 2015
The Court said: ‘The Court has also emphasised on numerous occasions that, although the public has a right to be informed, and this is an essential right in a democratic society which, in certain special circumstances, can even extend to aspects of the private life of public figures, articles aimed solely at satisfying the curiosity … Continue reading Couderc And Hachette Filipacchi Associes v France: ECHR 10 Nov 2015
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark SANDTER 1953 – Earlier national word mark Sander – Relative ground for refusal – Partial refusal of registration – Proof of genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation (EC) No 207/2009 – Likelihood of … Continue reading Netmed v OHMI – Sander Chemisch-Pharmazeutische Fabrik (Sandter 1953): ECFI 29 Oct 2015
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
UTIAC The Immigration Rules, when applied in the context of the deportation of a foreign criminal, are a complete code. Where an assessment is required to be made as to whether a person meets the requirements of para 399 of the Immigration Rules, as that comprises an assessment of that person’s claim under article 8 … Continue reading KMO (Section 117 – Unduly Harsh): UTIAC 25 Sep 2015
The Restrictive Leave to Remain (‘RLR’) policy (i) With effect from 2 September 2011, the respondent introduced a policy pursuant to which she granted RLR to persons who were excluded from the Refugee Convention but whose removal would be in breach of Article 3 of the ECHR. The policy is stated to have three purposes, … Continue reading MS, Regina (on The Application of ) v Secretary of State for The Home Department (Excluded Persons: Restrictive Leave Policy) (IJR): UTIAC 22 Sep 2015
ECJ Judgment – Transport – Directive 2010/40 / EU – Intelligent Transportation Systems – Delegated Regulation (EU) No 885/2013 – provision of information services for safe and secure parking places for trucks and commercial vehicles – Article 3, paragraph 1, Article 8 and Article 9 paragraph 1 a) of Regulation No 885/2013 delegate – Delegated … Continue reading Czech Republic v Commission: ECFI 8 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Articles 39 and 49 – European Parliament – Elections – Right to vote – Citizenship of the European Union – Retroactive effect of the more lenient criminal law – National legislation providing for the deprivation of the … Continue reading Delvigne v Commune de Lesparre-Medoc: ECJ 6 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Article 267 TFEU – Jurisdiction of the Court – Status of the referring body as a court or tribunal – Independence – Compulsory jurisdiction – Directive 89/665/EEC – Article 2 – Bodies responsible for review procedures – Directive 2004/18/EC – Articles 1(8) and 52 – Public … Continue reading Consorci Sanitari Del Maresme v Corporacio de Salut del Maresme i la Selva: ECJ 6 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 4(1) and 28(1), (3) and (6) – Controller who is formally established in a Member State – Impairment of the right to the protection of personal data concerning natural persons … Continue reading Weltimmo sro v Nemzeti Adatvedelmi es Informacioszabadsag Hatosag: ECJ 1 Oct 2015
Judgment – Reference for a preliminary ruling – Judicial cooperation in civil or commercial matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 8 – Refusal to accept the document – Failure to provide a translation of one of the documents served – Failure to use the standard form … Continue reading Alpha Bank Cyprus v Dau Si Senh and others: ECJ 16 Sep 2015
ECJ Judgment – Appeal – Civil service – Temporary staff – Fixed-term contract – Decision not to renew – Article 8 first paragraph of the CEOS – Reclassification of a fixed-term contract into a contract of indefinite duration – Full jurisdiction ECLI: EU: T: 2015 639, T-231/14, [2015] EUECJ T-231/14 Bailii European Updated: 04 January … Continue reading EMA v Drakeford: ECFI 16 Sep 2015
ECHR Article 8-1 Respect for correspondence Respect for private life Lack of safeguards related to decision to copy and store bank documents: violation Facts – In May 2009 the Italian authorities asked the San Marino authorities by letters rogatory for assistance in obtaining documentation and carrying out searches in banks and other institutions potentially related … Continue reading MN And Others v San Marino: ECHR 7 Jul 2015
ECHR Article 8 Positive obligations Article 8-1 Respect for family life Complete and automatic exclusion of applicant from child’s life after it was established he was not the biological father: violation Facts – During their marriage, the applicant and his wife had a daughter A. The couple later divorced and the applicant enjoyed shared custody … Continue reading Nazarenko v Russia: ECHR 16 Jul 2015
ECHR Article 3 Degrading treatment Inhuman treatment Involuntary psychiatric treatment including scientific research: violation Facts – The first applicant was diagnosed with neurocirculatory dystonia and suffered from tachycardia and severe headaches. On 25 May 2005 he attempted suicide and was taken to a psychiatric hospital. His parents, the second and third applicants, were not allowed … Continue reading Bataliny v Russia: ECHR 23 Jul 2015
ECHR Article 8-1 Respect for private life Ban on assisted suicide and voluntary euthanasia: inadmissible Facts – The first applicant is the wife of Tony Nicklinson, now deceased, who suffered locked-in syndrome following a stroke. The second applicant was paralysed following a car accident. His condition is irreversible. Both men wish/ed to end their lives … Continue reading Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015
ECHR Article 6-1 Civil rights and obligations Complaint concerning length of domestic proceedings challenging withdrawal by a judge of photographer’s accreditation to take pictures in court: inadmissible Facts – In the Convention proceedings, the applicant, a journalist, complained under Article 6 of the Convention of the excessive length of proceedings he had brought before the … Continue reading Truckenbrodt v Germany (Dec): ECHR 30 Jun 2015
ECHR Article 46 Pilot judgment General measures Respondent State required to take further measures to secure right to a hearing within a reasonable time and to ensure effectiveness of domestic remedy Article 13 Effective remedy Absence of effective compensatory remedy in length of proceedings cases: violation Facts – Following the European Court’s judgment in Kudla … Continue reading Rutkowski v Poland: ECHR 7 Jul 2015
ECHR Article 5-Speediness of review Proceedings which could not result in the applicant’s freedom but to another form of detention: Article 5 – 4 applicable; violation Facts – In 2005 the applicant was convicted of deliberately causing severe bodily harm to his 80-year-old mother and sentenced to six years’ imprisonment. Since the regional court found, … Continue reading Kuttner v Austria: ECHR 16 Jul 2015
ECHR Article 46 Pilot judgment Respondent State required to introduce effective domestic remedy for complaints of the length of civil proceedings before the domestic courts Facts – In his application to the European Court the applicant complained of the length of civil proceedings he had been involved in before the domestic courts and of the … Continue reading Gazso v Hungary: ECHR 16 Jul 2015
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court 39563/09, [2017] ECHR 296 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 January 2022; Ref: scu.581375
(Advocate Generals Opinion) – Tax legislation – Freedom of establishment – Article 4(2) of Directive 90/435/EEC – Cross-border distributions of profits – National corporation tax – Group taxation (French ‘integration fiscale’) – Tax exemption for revenue from holdings – Non-deductible charges relating to the holding – Distributions of profits from non-resident subsidiaries Kokott AG C-386/14, … Continue reading Groupe Steria v Ministere des finances et des comptes publics: ECJ 11 Jun 2015
Application for judicial review of a decision by an inspector appointed by the Secretary of State for Environment, Food and Rural Affairs to determine an appeal made by the claimant against a refusal by the interested party to grant a Standard Rules Environmental Permit 2010 number 8-100KTE. The central issue is the proper interpretation of … Continue reading Lafarge Aggregates Ltd, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 7 Aug 2015
Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Directive 93/13 / EEC – Article 7 – Charter of Fundamental Rights of the European Union – Articles 7 and 47 – Contracts concluded with consumers – mortgage agreement – Unfair terms – foreclosure procedure – Appeal Right of … Continue reading Sanchez Morcillo And Abril Garcia v Banco Bilbao Vizcaya Argentaria SA: ECJ 16 Jul 2015
ECJ Judgment – Reference for a preliminary ruling – Directive 2004/38/EC – Article 13(2)(a) – Right of residence of family members of a Union citizen – Marriage between a Union citizen and a third-country national – Retention of the right of residence of a third-country national after the departure of the Union citizen from the … Continue reading Singh And Others v Minister for Justice and Equality: ECJ 16 Jul 2015