Search Results for: Article 39 EC

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BVVG odenverwertungs-und-verwaltungs GmbH v Erbs and others: ECJ 16 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Sale of agricultural land by public authorities – National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value – Advantage granted to certain … Continue reading BVVG odenverwertungs-und-verwaltungs GmbH v Erbs and others: ECJ 16 Jul 2015

Commission v Parliament and Council: ECJ 16 Jul 2015

ECJ (Grand Chamber) Judgment – Actions for annulment – Regulation (EU) No 1289/2013 – Article 1(1) and (4) – Regulation (EC) No 539/2001 – Article 1(4)(f) – Article 290 TFEU – Suspension of exemption from the visa requirement – Insertion of a footnote – Amendment of the legislative act V. Skouris, P C-88/14, [2015] EUECJ … Continue reading Commission v Parliament and Council: ECJ 16 Jul 2015

The Holy Monasteries v Greece: ECHR 9 Dec 1994

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione personae); Preliminary objection rejected (non-exhaustion); No violation of P1-1; Violation of Art. 6-1; No violation of Art. 9; No violation of Art. 11; No violation of Art. 13; No violation of Art. 14+6; No violation of Art. 14+9; No violation of Art. 14+11; No violation … Continue reading The Holy Monasteries v Greece: ECHR 9 Dec 1994

Demmer v Fodevareministeriets Klagecenter: ECJ 2 Jul 2015

Judgment – References for a preliminary ruling – Agriculture – Common agricultural policy – Single payment scheme – Regulation (EC) No 1782/2003 – Article 44(2) – Regulation (EC) No 73/2009 – Article 34(2)(a) – Concept of ‘eligible hectare’ – Areas surrounding runways, taxiways and stopways – Agricultural use – Lawfulness – Recovery of agricultural aid … Continue reading Demmer v Fodevareministeriets Klagecenter: ECJ 2 Jul 2015

Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed. Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

Kyazim v Bulgaria: ECHR 16 Nov 2021

ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee 39356/17, [2021] ECHR 939 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 02 January 2022; Ref: scu.670184

TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing. Held: The appeals failed. An applicant could not claim, after an unsuccessful statutory appeal after he had become 17, that the Home Secretary’s failures properly to investigate his claim with … Continue reading TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

Z v Court of Justice: ECFI 19 Jun 2015

ECJ Judgment – Appeal – Public service – Officials – Findings of the Impartiality of Public Service – Application for recusal of a judge – Reassignment – Interest of the service – Rule of correspondence between grade and post – Article 7, paragraph 1 of the Statute – Disciplinary proceedings – Rights of the defense … Continue reading Z v Court of Justice: ECFI 19 Jun 2015

BMV Mineralol v OHMI – Delek Europe (GO): ECFI 17 Jun 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Figurative Community trade mark GO – GO Earlier Community figurative mark – Relative ground for refusal – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 T-60/14, [2015] EUECJ T-60/14, ECLI: EU: T: 2015 390 Bailii Regulation (EC) No 207/2009 8.1(b) European, Intellectual Property … Continue reading BMV Mineralol v OHMI – Delek Europe (GO): ECFI 17 Jun 2015

Presidenza del Consiglio dei Ministri and others v Rina Services And Others: ECJ 16 Jun 2015

Judgment – Request for a preliminary ruling – Articles 49 TFEU, 51 TFEU and 56 TFEU – Freedom of establishment – Connection with the exercise of official authority – Directive 2006/123/EC – Article 14 – Bodies responsible for verifying and certifying that undertakings carrying out public works comply with the conditions laid down by law … Continue reading Presidenza del Consiglio dei Ministri and others v Rina Services And Others: ECJ 16 Jun 2015

Best-Lock (Europe) v OHMI – Lego Juris (Forme D’Une Figurine De Jouet Avec Plot): ECFI 16 Jun 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Shape of a toy figure with protrusion – Absolute grounds for refusal – Sign consisting exclusively of the shape which results from the nature of the goods themselves – Sign consisting exclusively of the shape of goods which is necessary … Continue reading Best-Lock (Europe) v OHMI – Lego Juris (Forme D’Une Figurine De Jouet Avec Plot): ECFI 16 Jun 2015

Best-Lock (Europe) v OHMI – Lego Juris (Forme D’Une Figurine De Jouet): ECFI 16 Jun 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Shape of a toy figure – Absolute grounds for refusal – Sign consisting exclusively of the shape which results from the nature of the goods themselves – Sign consisting exclusively of the shape of goods which is necessary to obtain … Continue reading Best-Lock (Europe) v OHMI – Lego Juris (Forme D’Une Figurine De Jouet): ECFI 16 Jun 2015

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Skanavi and Chryssanthakopoulos (Judgment): ECJ 29 Feb 1996

Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty. Europa 1. As Community law stands, and prior to the implementation of Directive 91/439 on driving licences, Article 52 … Continue reading Skanavi and Chryssanthakopoulos (Judgment): ECJ 29 Feb 1996

Welsh Ministers v PJ: SC 17 Dec 2018

A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018

Surek v Turkey (No 1): ECHR 8 Jul 1999

Hudoc Grand Chamber – Judgment (Merits and just satisfaction) No violation of Art. 10; Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe applicant was the major shareholder a Turkish company owning a weekly review entitled Haberde … Continue reading Surek v Turkey (No 1): ECHR 8 Jul 1999

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Austin and Others v The United Kingdom: ECHR 15 Mar 2012

Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach of Article 5-1 of the Convention. Held: Public order containment for several hours did … Continue reading Austin and Others v The United Kingdom: ECHR 15 Mar 2012

Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016

Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

Entry Clearance Officer (Accra) v Adjei (Visit Visas – Article 8): UTIAC 6 May 2015

UTIAC The first question to be addressed in an appeal against refusal to grant entry clearance as a visitor where only human rights grounds are available is whether article 8 of the ECHR is engaged at all. If it is not, which will not infrequently be the case, the Tribunal has no jurisdiction to embark … Continue reading Entry Clearance Officer (Accra) v Adjei (Visit Visas – Article 8): UTIAC 6 May 2015

Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom of expression. Helen Keller, P 24515/09, 24539/09, 24611/09 – Committee Judgment, [2014] ECHR 995 Bailii European Convention on Human Rights Human Rights Citing: See Also – Horvath And Vajnai v … Continue reading Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

Aitken v Director of Public Prosecutions: Admn 23 Apr 2015

The newspaper was accused of publishing an article in breach of reporting restrictions imposed under section 33. The court now asked whether the appellant, the newspaper editor, was for these purposes, the publisher and at risk of criminal responsibility. Held: He did not fall outside the class covered by the phrase ‘any person who publishes’ … Continue reading Aitken v Director of Public Prosecutions: Admn 23 Apr 2015

Schenker Customs Agency v Commission: ECFI 16 Apr 2015

ECJ Judgment – Customs Union – clearance recovery of import duties – Imports of glyphosate from Taiwan – Application for remission of import duties presented by a customs agent – Article 239 of Regulation (EEC) No 2913/92 – Clause equity – Existence of a special situation – free circulation Statements – false certificates of origin … Continue reading Schenker Customs Agency v Commission: ECFI 16 Apr 2015

Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2005/36/EC – Article 10 – Recognition of professional qualifications – Access to the profession of architect – Titles not listed in Annex V, point 5.7.1 – Concepts of ‘specific and exceptional reasons’ and ‘architect’ C-477/13, [2015] EUECJ C-477/13, ECLI:EU:C:2015:239 Bailii Directive 2005/36/EC European, Construction Updated: … Continue reading Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer: ECJ 16 Apr 2015

Constancia v The Netherlands (Dec): ECHR 3 Mar 2015

73560/12 – Chamber Judgment, [2015] ECHR 397 Bailii European Convention on Human Rights Cited by: See Also – Constancia v The Netherlands (Dec) Summary ECHR 3-Mar-2015 ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest … Continue reading Constancia v The Netherlands (Dec): ECHR 3 Mar 2015

Constancia v The Netherlands (Dec) Summary: ECHR 3 Mar 2015

ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – The applicant was prosecuted for manslaughter following the … Continue reading Constancia v The Netherlands (Dec) Summary: ECHR 3 Mar 2015

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Kotiy v Ukraine: ECHR 5 Mar 2015

ECHR Article 8-1 Respect for private life Detention and preventive measures outside the country where the applicant worked and lived with his family: violation Article 5 Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – In April 2008 the Kyiv Police Department … Continue reading Kotiy v Ukraine: ECHR 5 Mar 2015

Volkov and Adamskiy v Russia: ECHR 26 Mar 2015

ECHR Article 6 Criminal proceedings Article 6-1 Criminal charge Fair hearing Alleged entrapment leading to conviction for copyright infringement: inadmissible Article 6-3-c Defence through legal assistance Free legal assistance Lack of legal assistance for accused at criminal appeal hearing: violation Facts – In the context of police operations aimed at exposing individuals involved in the … Continue reading Volkov and Adamskiy v Russia: ECHR 26 Mar 2015

Corbet And Others v France: ECHR 19 Mar 2015

Relying on Article 6-1 and 6-2 of the Convention, the applicants complained of a violation of their right to remain silent and not to contribute to their own incrimination, the right to presumption of innocence and the rights of the defense, resulting from the fact that a report of a parliamentary commission of inquiry was … Continue reading Corbet And Others v France: ECHR 19 Mar 2015

Novomatic v OHMI – Berentzen Mally Marketing Plus Services (Black Jack TM): ECFI 6 Mar 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark BLACK JACK TM – Earlier Community word and figurative marks BLACK TRACK – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC ) No 207/2009 T-257/14, [2015] EUECJ T-257/14, ECLI: EU: T: … Continue reading Novomatic v OHMI – Berentzen Mally Marketing Plus Services (Black Jack TM): ECFI 6 Mar 2015

Braun Melsungen v OHIM (Safeset): ECFI 6 Mar 2015

ECJ Judgment – Community trade mark – Application for Community word mark SafeSet – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75, first sentence of Regulation No 207/2009 – Examination of the facts – Article 76, paragraph … Continue reading Braun Melsungen v OHIM (Safeset): ECFI 6 Mar 2015

Estado portugues v Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – State guarantee underwriting a loan – Decision 2011/346/EU – Questions concerning validity – Admissibility – Article 107(1) TFEU – Statement of reasons – Effect on trade between Member States – Article 107(3)(b) TFEU – Serious disturbance in the economy of a Member State … Continue reading Estado portugues v Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues: ECJ 5 Mar 2015

Modelo Continente Hipermercados v Autoridade para as Condicoes de Trabalho – Centro Local do Lis (ACT): ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Rules on mergers of public limited liability companies – Directive 78/855/EEC – Merger by acquisition – Article 19 – Effects – Transfer of all the assets and liabilities of the company being acquired to the acquiring company – Infringement by the company being acquired prior to … Continue reading Modelo Continente Hipermercados v Autoridade para as Condicoes de Trabalho – Centro Local do Lis (ACT): ECJ 5 Mar 2015

Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Consumer protection – Liability for damage caused by defective products – Directive 85/374/EEC – Articles 1, 6(1) and section (a) of the first paragraph of Article 9 – Pacemakers and implantable cardioverter defibrillators – Risk of product failure – Personal injury – Removal of the allegedly … Continue reading Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

Fetim v OHMI – Solid Floor (Solidfloor The Professional’s Choice): ECFI 11 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark Solidfloor The professional’s choice – Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods … Continue reading Fetim v OHMI – Solid Floor (Solidfloor The Professional’s Choice): ECFI 11 Feb 2015

Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

Saygi v Turkey: ECHR 27 Jan 2015

The applicant alleged, in particular, that the national authorities had failed to carry out an effective investigation into the disappearance of her husband, in breach of Article 2 of the Convention. Andras Sajo, P 37715/11 – Chamber Judgment, [2015] ECHR 80 Bailii European Convention on Human Rights 2 Human Rights, Armed Forces, Police Updated: 27 … Continue reading Saygi v Turkey: ECHR 27 Jan 2015

Tsujimoto v OHMIi – Kenzo (Kenzo): ECFI 22 Jan 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark KENZO – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009 – Late submission of documents – Discretion … Continue reading Tsujimoto v OHMIi – Kenzo (Kenzo): ECFI 22 Jan 2015

SM (Algeria) v Entry Clearance Officer, UK Visa Section: CA 4 Nov 2015

The Entry Clearance Officer appealed from a decision that a child assigned to be under guardianship under the Islamic ‘kefalah’ system in her own country was to be treated on the basis that she did fall within the definition of ‘extended family member’ under regulation 8. The case was therefore returned to the Secretary of … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: CA 4 Nov 2015

Amirov v Russia: ECHR 27 Nov 2014

ECHR Article 34 Hinder the exercise of the right of petition Failure to comply with interim measure indicated by the Court: violation Article 3 Degrading treatment Inhuman treatment Lack of adequate medical care of seriously ill detainee: violation Article 46 Article 46-2 Execution of judgment Individual measures Respondent State required to transfer disabled applicant to … Continue reading Amirov v Russia: ECHR 27 Nov 2014

Laurent Gbagbo v Council: ECJ 23 Apr 2013

ECJ Appeal – Common foreign and security policy – Restrictive measures adopted against persons and entities – Sixth paragraph of Article 263 TFEU – Period allowed for commencing proceedings – Force majeure – Armed conflict V Skouris, P [2013] EUECJ C-478/11, ECLI:EU:C:2013:258 Bailii European Citing: Opinion – Laurent Gbagbo v Council ECJ 19-Dec-2012 ECJ (Opinion) … Continue reading Laurent Gbagbo v Council: ECJ 23 Apr 2013

Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 19 Dec 2013

ECJ Reference for a preliminary ruling – Regulation (EC) No 2200/96 – Regulation (EC) No 1432/2003 – Agriculture – Common organisation of markets – Fruit and vegetables – Producer organisations – Conditions for recognition by national authorities – Provision of technical resources required for storage, packing and marketing of produce – Whether organisation obliged, in … Continue reading Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 19 Dec 2013

Romania v Commission (Judgment) T-495/19: ECFI 10 Nov 2021

Institutional law – European citizens’ initiative – Cohesion policy – Regions with a national minority – Registration decision – Action for annulment – Act open to appeal – Admissibility – Article 4 (2) (b) of Regulation (EU) No 211 / 2011 – Obligation to state reasons T-495/19, [2021] EUECJ T-495/19, ECLI:EU:T:2021:781 Bailii European European Updated: … Continue reading Romania v Commission (Judgment) T-495/19: ECFI 10 Nov 2021

Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case: violation Facts – The first applicant, a Czech national, married a Russian national in 2003. The couple settled in the … Continue reading Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

Shibendra Dev v Sweden (Dec): ECHR 21 Oct 2014

ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Retroactive redress in respect of alleged violations of Article 4 of Protocol No. 7 following Supreme Court decision of 11 June 2013: effective remedy Facts – In a plenary decision of 11 June 2013 (NJA 2013, p. 502) the Swedish Supreme Court, departing from its … Continue reading Shibendra Dev v Sweden (Dec): ECHR 21 Oct 2014

Wilo v OHIM (Pioneering For You): ECFI 12 Dec 2014

ECJ (Judgment) Community trade mark – Application for Community word mark Pioneering for You – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 M. Prek, P T-601/13, [2014] EUECJ T-601/13, ECLI: EU: T: 2014 1067 Bailii Regulation (EC) No 207/2009 European Updated: 24 … Continue reading Wilo v OHIM (Pioneering For You): ECFI 12 Dec 2014

Henry Kismoun v France: ECHR 5 Dec 2013

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Respect for private life Refusal to permit change of name requested with a view to unifying family surname: violation Facts – The applicant was listed in the civil status register under his mother’s surname, Henry. He has dual nationality, Algerian through his father and … Continue reading Henry Kismoun v France: ECHR 5 Dec 2013

Idexx Laboratories Italia And Idexx Laboratories Italia v Agenzia delle Entrate: ECJ 11 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – VAT – Sixth Directive – Articles 18 and 22 – Right to deduct – Intra-Community acquisitions – Reverse charge procedure – Substantive requirements – Formal requirements – Failure to comply with the formal requirements) C-590/13, [2014] EUECJ C-590/13, ECLI:EU:C:2014:2429 Bailii European VAT Updated: … Continue reading Idexx Laboratories Italia And Idexx Laboratories Italia v Agenzia delle Entrate: ECJ 11 Dec 2014

Millano Krzysztof Kotas v OHIM (Forme D’Une Boite De Chocolats): ECFI 11 Dec 2014

Judgment – Community trade mark – Application three-dimensional Community trade mark – Shape of a chocolate box – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 T-440/13, [2014] EUECJ T-440/13 Bailii Regulation (EC) No 207/2009 7 European Intellectual Property Updated: 24 December 2021; … Continue reading Millano Krzysztof Kotas v OHIM (Forme D’Une Boite De Chocolats): ECFI 11 Dec 2014

Hansen and Rosenthal and H and R Wax Company Vertrieb v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – Guidelines for calculating the amount of fines 2006 – Rights of defense – Calculation of the value of sales – Gravity of the infringement – Non-retroactivity – Equal … Continue reading Hansen and Rosenthal and H and R Wax Company Vertrieb v Commission: ECFI 12 Dec 2014

ENI v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – 2006 Guidelines for the calculation of fines – Equal treatment – Aggravating circumstances – Repeated infringement – Obligation to state reasons – Mitigating circumstances – substantially reduced participation … Continue reading ENI v Commission: ECFI 12 Dec 2014

Groupe Canal+ v OHMI – Euronews (News+): ECFI 12 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark News + – Earlier national word mark ACTU + – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 T-591/13, [2014] EUECJ T-591/13 Bailii Regulation (EC) No 207/2009 8 European, Intellectual Property Updated: 24 December 2021; Ref: … Continue reading Groupe Canal+ v OHMI – Euronews (News+): ECFI 12 Dec 2014

Heidrick and Struggles International v OHIM (The Leadership Company): ECFI 12 Dec 2014

ECJ Judgment – Community trade mark – Application for Community word mark THE LEADERSHIP COMPANY – Absolute grounds for refusal – Descriptiveness – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) M. Prek, P T-43/14, [2014] EUECJ T-43/14, ECLI:EU:T:2014:1068 Bailii Regulation (EC) No 207/2009 European, Intellectual Property Updated: 24 … Continue reading Heidrick and Struggles International v OHIM (The Leadership Company): ECFI 12 Dec 2014

PP Nature-Balance Lizenz v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Medicines for human use – Active substance tolperisone – Article 116 of Directive 2001/83 / EC – Commission decision ordering the Member States amending national authorizations for medicinal products for human use containing the active substance – Burden of proof – Proportionality A. Dittrich, P T-189/13, [2014] EUECJ T-189/13, ECLI: EU T: 2014 … Continue reading PP Nature-Balance Lizenz v Commission: ECFI 11 Dec 2014

Oracle America v OHMI – Aava Mobile (Aava Core): ECFI 11 Dec 2014

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark AAVA CORE – Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – … Continue reading Oracle America v OHMI – Aava Mobile (Aava Core): ECFI 11 Dec 2014

Repsol Lubricantes Y Especialidades and Others v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Proof of the existence of the agreement – Duration of the infringement – 2006 Guidelines for the calculation of fines – Equal treatment – Presumption of innocence – Liability for unlawful … Continue reading Repsol Lubricantes Y Especialidades and Others v Commission: ECFI 12 Dec 2014

Selo Medical v OHMI – Biosyn Arzneimittel (Selogyn): ECFI 12 Dec 2014

ECJ (Judgment) Community trade mark – Opposition proceedings – Community trade mark SELOGYN – Earlier national word mark SELESYN – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Refusal of registration G. Berardis, P T-173/13, [2014] EUECJ T-173/13, ECLI: EU: T: … Continue reading Selo Medical v OHMI – Biosyn Arzneimittel (Selogyn): ECFI 12 Dec 2014

H and R Chempharm v Commission: ECFI 12 Dec 2014

Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of the infringement – Guidelines for calculating the amount of fines 2006 – Reference period – Calculation the value of sales – Gravity of the infringement – Concentration during the period of … Continue reading H and R Chempharm v Commission: ECFI 12 Dec 2014

Sherwin-Williams Sweden v OHMI – Akzo Nobel Coatings International (Arti): ECFI 11 Dec 2014

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community trade mark ARTI – Earlier Benelux word mark ARTITUDE and international registration of the earlier Benelux trade mark ARTITUDE – Refusal to register – Likelihood of confusion – Similarity of the signs – Identical or highly similar goods – Article 8(1)(b) of Regulation … Continue reading Sherwin-Williams Sweden v OHMI – Akzo Nobel Coatings International (Arti): ECFI 11 Dec 2014

Van Der Aat And Others v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Appeal – Civil service – Officials – Remuneration – Annual adjustment of the remuneration and pensions of officials and other servants – Weighting for officials and agents assigned to Varese – Articles 64-65 bis status – Annex IX status – Regulation (EU) No 1239/2010 – Obligation to state reasons – Access to documents … Continue reading Van Der Aat And Others v Commission: ECFI 11 Dec 2014

Monster Energy v OHIM (Rehabilitate): ECFI 11 Dec 2014

ECJ (Judgment) Community trade mark – Application for Community word mark REHABILITATE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 T-712/13, [2014] EUECJ T-712/13, ECLI:EU:T:2014:1066 Bailii Regulation (EC) No 207/2009 European European, Intellectual Property Updated: 24 December 2021; Ref: scu.539909

Saint-Gobain Glass Deutschland v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to the applicant’s facilities in Germany and involved in the trading system of greenhouse gas emission allowances Greenhouse – Partial refusal of access – Environmental Information – Article 6, paragraph 1, second sentence, of Regulation No 1367/2006 … Continue reading Saint-Gobain Glass Deutschland v Commission: ECFI 11 Dec 2014

Ludwig Schokolade v OHMI – Immergut (Trinkfix): ECFI 12 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark TrinkFix – national and Community Drinkfit earlier word marks – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of goods and services – Article 8, paragraph 1, b) of Regulation (EC) No 207/2009 – Genuine … Continue reading Ludwig Schokolade v OHMI – Immergut (Trinkfix): ECFI 12 Dec 2014

Colart And Others v Parliament: ECJ 11 Dec 2014

ECJ (Judgment) Public service – Staff Representation – Staff Committee – Elections to the Staff Committee – Regulations on staff representation in the European Parliament – College Competence tellers – Claim Procedure before the college of tellers – Publication of the election results – Complaint lodged with the college of tellers – Article 90, paragraph … Continue reading Colart And Others v Parliament: ECJ 11 Dec 2014

Cruz and CompanhiaLda v Instituto de Financiamento da Agricultura e Pescas, IP: ECJ 11 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EEC) No 3665/87 – Articles 4(1) and 13 – Regulation (EEC) No 2220/85 – Article 19(1)(a) – Export refunds – Advance payments on refunds – Conditions for the release of the guarantee furnished to ensure the repayment of the advance T von Danwitz, … Continue reading Cruz and CompanhiaLda v Instituto de Financiamento da Agricultura e Pescas, IP: ECJ 11 Dec 2014

Coca-Cola v OHMI – Mitico (Master): ECFI 11 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Master – Earlier Community figurative marks Coca-Cola and earlier national figurative mark C – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009 – Similarity of the signs – Evidence relating to the commercial use of the … Continue reading Coca-Cola v OHMI – Mitico (Master): ECFI 11 Dec 2014

Cedc International v OHMI – Underberg (Forme D’Un Brin D’Herbe Dans Une Bouteille): ECFI 11 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for three-dimensional Community mark – Shape of a blade of grass in a bottle – Earlier national three-dimensional mark – Genuine use of the earlier mark – Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 – Production of evidence for the … Continue reading Cedc International v OHMI – Underberg (Forme D’Un Brin D’Herbe Dans Une Bouteille): ECFI 11 Dec 2014

Crown Equipment (Suzhou) And Crown Gabelstapler v Council: ECFI 12 Dec 2014

ECJ Judgment (Extracts) Dumping – Imports of hand pallet trucks and their essential parts originating in China – Review – Article 11(2) of Regulation (EC) No 1225/2009 – Rights of defence – Error of fact – Manifest error of assessment – Obligation to state reasons T-643/11, [2014] EUECJ T-643/11 Bailii European Updated: 24 December 2021; … Continue reading Crown Equipment (Suzhou) And Crown Gabelstapler v Council: ECFI 12 Dec 2014

Commission v Spain: ECJ 11 Dec 2014

ECJ (Judgment) Failure to fulfill obligations – Article 49 TFEU – Freedom of establishment – Port companies – Management of workers for the provision of handling freight service – No use in the labor market C-576/13, [2014] EUECJ C-576/13, ECLI: EU: C: 2014: 2430 Bailii TFEU 49 European Updated: 24 December 2021; Ref: scu.539893

AN v Commission: ECFI 12 Dec 2014

ECJ Judgment – Appeal – Civil service – Officials – Psychological harassment – Article 22a, paragraph 3 of the Statute – Failure to approve – Distortion of facts T-512/13, [2014] EUECJ T-512/13, ECLI: EU: T: 2014 1073 Bailii European Updated: 24 December 2021; Ref: scu.539885

Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014

ECJ Judgment – State aid – Financial sector – State Guarantee accompanying a bank loan – Aid to remedy a serious disturbance in the economy of a Member State – Article 107, paragraph 3, sub b) TFEU – Decision declaring the aid incompatible with the common market – Guidelines on State aid for rescuing and … Continue reading Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014

Comptoir D’Epicure v OHMI – A-Rosa Akademie (Da Rosa): ECFI 12 Dec 2014

Judgment – Community trade mark – Opposition proceedings – Application for international registration designating the European Community figurative -Mark da rosa – Earlier Community word mark Arosa – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b), the Regulation (EC) No 207/2009 -Article 42, paragraphs 2 and 3 of Regulation … Continue reading Comptoir D’Epicure v OHMI – A-Rosa Akademie (Da Rosa): ECFI 12 Dec 2014

Armstrong v The United Kingdom: ECHR 9 Dec 2014

ECHR Criminal proceedings Article 6-1 Impartial tribunal Police officers’ participation on jury in case where police evidence was undisputed: no violation Facts – The applicant was convicted of murder by a jury which contained one retired police officer and one serving police officer. Both officers had informed the court of their status. The retired officer … Continue reading Armstrong v The United Kingdom: ECHR 9 Dec 2014

Leder and Schuh International v OHMI – Epple (Valdasaar): ECFI 9 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark VALDASAAR – Earlier Community word mark Val d’Azur – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 M. Martins Ribeiro (Rapporteur), P T-519/13, [2014] EUECJ T-519/13 Bailii Regulation (EC) … Continue reading Leder and Schuh International v OHMI – Epple (Valdasaar): ECFI 9 Dec 2014

Riva Fire v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential … Continue reading Riva Fire v Commission: ECFI 9 Dec 2014

Pham v The United States of America: Admn 12 Dec 2014

The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014

Ferriere Nord v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential … Continue reading Ferriere Nord v Commission: ECFI 9 Dec 2014

Inter-Union Technohandel v OHMI – Gumersport Mediterranea De Distribuciones (Proflex): ECFI 9 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark PROFLEX – Earlier national word mark PROFEX – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009) T-278/12, [2014] EUECJ T-278/12, ECLI:EU:T:2014:1045 Bailii Regulation (EC) No 207/2009 42(2) 42(3) European, Intellectual Property … Continue reading Inter-Union Technohandel v OHMI – Gumersport Mediterranea De Distribuciones (Proflex): ECFI 9 Dec 2014

Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Excess of authority … Continue reading Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

Alfa Acciai v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Markets concrete reinforcing bars in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing prices and payment terms – Limiting or controlling production or sales – Excess of … Continue reading Alfa Acciai v Commission: ECFI 9 Dec 2014

J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with … Continue reading J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

In re J (A Child: Brussels II revised: Article 15: Practice and Procedure): FC 29 Oct 2014

Application to transfer children proceedings to anoher member state (Hungary) Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there. Pauffley J [2014] EWFC 41 Bailii England and Wales Cited by: Cited – In Re N (Children) SC 13-Apr-2016 The Court considered whether the future … Continue reading In re J (A Child: Brussels II revised: Article 15: Practice and Procedure): FC 29 Oct 2014

Valle Pierimpie Societa Agricola Spa v Italy: ECHR 23 Sep 2014

ECHR Article 1 para. 1 of Protocol No. 1 Deprivation of property Possessions Obligation on company to transfer fishing grounds to public authority without compensation and to pay substantial mesne profits if it remained in unlawful possession: violation Facts – The applicant company acquired a production facility known as Valle Pierimpie, a ‘fishing valley’ situated … Continue reading Valle Pierimpie Societa Agricola Spa v Italy: ECHR 23 Sep 2014

Navalnyy And Yashin v Russia: ECHR 4 Dec 2014

ECHR Article 11-1 Freedom of peaceful assembly Arrest and conviction of political activists for allegedly holding an unauthorised march: violation Facts – The applicants were two political activists and opposition leaders. In 2011 they were arrested for failing to obey a police order to stop a spontaneous march they were alleged to have held after … Continue reading Navalnyy And Yashin v Russia: ECHR 4 Dec 2014

BSH v OHMI – LG Electronics (Compressor Technology): ECFI 4 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark compressor technology – Earlier national word mark KOMPRESSOR – Relative ground for refusal – Partial refusal of registration – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 T-595/13, [2014] EUECJ T-595/13 Bailii Regulation (EC) … Continue reading BSH v OHMI – LG Electronics (Compressor Technology): ECFI 4 Dec 2014

Sales and Solutions v OHMI – Inceda (Watt): ECFI 4 Dec 2014

Judgment – Community trade mark – Invalidity proceedings – Community figurative and verbal marks WATT WATT – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009 T-494/13, [2014] EUECJ T-494/13 Bailii Regulation (EC) No 207/2009 European, Intellectual Property Updated: 24 December 2021; Ref: scu.539596

Boehringer Ingelheim Pharma v OHMI – Nepentes Pharma (Momarid): ECFI 2 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark Momarid – Earlier Community word mark LONARID – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relevant public – Obligation to state reasons – Article 75 of Regulation No 207/2009 … Continue reading Boehringer Ingelheim Pharma v OHMI – Nepentes Pharma (Momarid): ECFI 2 Dec 2014