ECJ Public service – Officials – Promotion – Certification procedure – Year 2012 – Non-inclusion of the applicant on the list of officials authorized to follow the training program in 2013 – Article 45a of the Staff Regulations – Plea of ??illegality of the call Nominations – GIP of Article 45a of the Staff Regulations … Continue reading Migliore v Commission: ECJ 2 Dec 2014
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to … Continue reading De Clercq And Others: ECJ 3 Dec 2014
The newspaper appealed from the award of costs to the claimant who had succeeded in his claim of defamation. Macur, Sharp LJJ, Sir Timothy Lloyd [2014] EWCA Civ 1574 Bailii England and Wales Citing: Appeal from – Flood v Times Newspapers Ltd QBD 19-Dec-2013 The claimant policeman alleged defamation in an article published by the … Continue reading Times Newspapers Ltd v Flood: CA 4 Dec 2014
ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Dairy – Assigned revenue – Key controls – Delay – flat-rate financial correction – Legal basis – Article 53 of Regulation (EC) No 1605/2002 – Recurrence T-661/11, [2014] EUECJ T-661/11, ECLI: EU: T: 2014: 1016 Bailii Regulation (EC) … Continue reading Italy v Commission: ECFI 2 Dec 2014
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark MandCo. – Earlier Community and national figurative marks MAXandCo. – Earlier national word mark MAXandCO. – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 M Prek, P ECLI:EU:T:2014:1020, [2014] EUECJ T-272/13 Bailii … Continue reading Max Mara Fashion Group v OHMI – Mackays Stores (M and Co): ECFI 3 Dec 2014
ECHR Article 14 Discrimination Woman dismissed from post of security officer on grounds of her sex: violation Facts – In 1999 the applicant, a Turkish woman, successfully sat a public-servant examination for the post of security officer in a branch of a State-run electricity company. The company initially refused to appoint her because she did … Continue reading Boyraz v Turkey: ECHR 2 Dec 2014
ECJ Judgment – Competition – Agreements – power transformers market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – market-sharing agreement – Communication on the 2002 Cooperation – fine Immunity – Legitimate expectations – Obligation to state reasons T-521/09, [2014] EUECJ T-521/09 Bailii European Updated: 24 December … Continue reading Alstom Grid v Commission: ECFI 27 Nov 2014
Judgment – Competition – Agreements – power transformers market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Effect on trade between Member States – Concept of undertaking – Liability for unlawful conduct – Presumption of the actual exercise of decisive influence of a parent company over … Continue reading Alstom v Commission: ECFI 27 Nov 2014
ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Carrera – Community and national brands earlier word CARRERA – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the … Continue reading Hesse And Lutter and Partner v OHMI – Porsche (Carrera): ECFI 27 Nov 2014
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Ripassa ZENATO – Earlier national word mark RIPASSO – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207 / 2009 T-154/11, [2014] EUECJ T-154/11, ECLI: EU: T: 2014 997 Bailii … Continue reading Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona (Ripassa Zenato): ECFI 27 Nov 2014
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark ZENATO Ripassa – Earlier national word mark RIPASSO – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207 / 2009 T-153/11, [2014] EUECJ T-153/11, ECLI: EU: T: 2014 998 Bailii … Continue reading Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona (Zenato Ripassa): ECFI 27 Nov 2014
EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was because of discrimination against him on the grounds of race/religion. Rule 54 (National Security) was held to apply, and C was … Continue reading Kiani v Secretary of State for The Home Department: EAT 21 Nov 2014
ECJ Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Cube with surfaces having a grid structure – Absolute grounds for refusal – First sentence of Article 76(1) of Regulation (EC) No 207/2009 – Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a … Continue reading Simba Toys v Ohmi – Seven Towns (Forme D’Un Cube Avec Des Faces Ayant Une Structure En Grille): ECFI 25 Nov 2014
ECJ Judgment – Community trade mark – Application verbal Community collective mark Original Eau de Cologne – Absolute grounds for refusal – Article 7, paragraph 1, b), c) and d) of Regulation (EC) No 207/2009′ S. Papasavvas (Rapporteur), P T-556/13, [2014] EUECJ T-556/13, ECLI: EU: T: 2014 984 Bailii European, Intellectual Property Updated: 23 December … Continue reading Verband Der Kolnisch-Wasser Hersteller, Koln v OHIM (Original Eau De Cologne): ECFI 25 Nov 2014
ECJ Judgment – Community trade mark – Opposition proceedings – Applications for Community word marks UNIWEB and UniCredit Wealth Management – Earlier national word marks and UNIFONDS UNIRAK and earlier national figurative mark UNIZINS – Relative ground for refusal – Likelihood of confusion – Series or family of brands – Risk association – Article 8, … Continue reading Unicredit v OHMI – Union Investment Privatfonds (Uniweb): ECFI 25 Nov 2014
ECJ Order Of The Court – Preliminary reference – Rules of Procedure – Article 99 – Air transport – Regulation (EC) No 261/2004 – Long delay of flights – Right passengers for compensation – Conditions for exemption of air carrier of its obligation to Compensation – Concept of ‘extraordinary circumstances’ – Jet damaged by a … Continue reading Siewert And Others v Condor Flugdienst GmbH: ECJ 14 Nov 2014
ECJ Order Of The Court – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Manifest inadmissibility – Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling C Toader C-366/14, [2014] … Continue reading Herrenknecht v Hev-Sugar kft: ECJ 6 Nov 2014
ECJ Community trade mark – Opposition proceedings – International registration designating the European Community – Figurative mark KASTEEL – Earlier national word mark CASTEL BEER – Relative ground for refusal – Genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation ( EC) No 207/2009 – Likelihood of confusion – … Continue reading Brouwerij Van Honsebrouck v OHMI – Beverage Trademark (Kasteel) (Judgment): ECFI 25 Nov 2014
ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark KASTEEL – Earlier national word mark CASTEL BEER – Relative ground for refusal – Genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation ( EC) No 207/2009 – Likelihood of … Continue reading Brouwerij Van Honsebrouck v OHMI – Beverage Trademark (Kasteel): ECFI 25 Nov 2014
ECJ Article 267 TFEU – Direct referral by the parties – Manifest lack of jurisdiction C-243/14, [2014] EUECJ C-243/14 – CO, ECLI: EU: C: 2014: 2357 Bailii European Updated: 23 December 2021; Ref: scu.539173
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark KAISERHOFF – Earlier national word mark KAISERHOFF – Suspension of the administrative proceedings – Rules 20 and 50 of Regulation (EC) No 2868/95 – ‘Examination of the facts by the Office of its own motion’ – Article 76(1) of Regulation … Continue reading Royalton Overseas v OHMI – SC Romarose Invest (Kaiserhoff): ECFI 25 Nov 2014
64682/12 – Chamber Judgment, [2014] ECHR 1317 Bailii European Convention on Human Rights Human Rights Citing: Legal Summary – Vasilescu v Belgium (Legal Summary) ECHR 25-Nov-2014 ECHR Article 46 General measures Article 46-2 Execution of judgment Respondent State required to take general measures to improve conditions of detention and to afford appropriate remedies . . … Continue reading Vasilescu v Belgium: ECHR 25 Nov 2014
Application for judicial review in which the Claimant claims a declaration that the Defendant was not entitled to make a second deportation order following the revocation of an earlier order, an order quashing that second deportation order and damages and/or compensation for false imprisonment alternatively for a violation of his article 5 rights in respect … Continue reading Antonio, Regina (on The Application of) v Secretary of State for The Home Department: Admn 21 Nov 2014
Substantive consideration of an application to judicially review the decision of the Secretary of State refusing the applicant’s claim for leave to remain in the United Kingdom in order to pursue an established private and family life under Article 8 of the ECHR. Jordan UTJ [2014] UKUT 493 (IAC) Bailii England and Wales Immigration, Human … Continue reading Kerr, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 25 Sep 2014
UTAA War Pensions and Armed Forces Compensation : War Pensions – Entitlement (1) These appeals were heard over 10 days and involved the consideration of a large amount of documents, authorities and arguments. They relate to claims made under Article 41 of the Naval Military and Air Forces etc (Disablement and Death) Service Pensions Order … Continue reading LA and Others v Secretary of State for Defence (WP) (War Pensions and Armed Forces Compensation : War Pensions – Entitlement): UTAA 22 Oct 2014
Article 6 Civil proceedings Article 6-1 Fair hearing Failure of filtering instance to give reasons for its refusal to admit an appeal for examination: violation Facts – The High Court refused to admit for examination a civil appeal by the applicant against a decision by the City Court after finding that ‘it was clear that … Continue reading Hansen v Norway: ECHR 2 Oct 2014
ECHR Article 6 Enforcement proceedings Article 6-1 Reasonable time State’s failure to enforce final judgments within a reasonable time: violation Facts – Both applicants worked for municipally owned companies which operated under a specific legal regime which entitled them to the so-called ‘right of economic control’. Companies operating under this regime did not own their … Continue reading Liseytseva and Maslov v Russia (Summary): ECHR 9 Oct 2014
ECHR Article 10-1 Freedom of expression Journalist dismissed for publishing a book criticising his employer in breach of confidentiality clause: violation Facts – The applicant was a Hungarian journalist employed by the State television company. In 2004 he was dismissed for breaching a confidentiality clause after he published a book concerning alleged censorship by a … Continue reading Matuz v Hungary: ECHR 21 Oct 2014
ECHR Article 3 Inhuman treatment Failure by authorities to take preventive measures against risk of ‘disappearance’ of person at risk of ill-treatment in Uzbekistan: violation Positive obligations State’s accountability for ‘disappearance’ of person at risk of ill-treatment in Uzbekistan: no violation Article 34 Hinder the exercise of the right of petition Failure to take preventive … Continue reading Mamazhonov v Russia: ECHR 23 Oct 2014
ECJ Judicial co-operation in civil matters – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 Substantive scope – Definition of ‘civil matters’ – Decision relating to the taking into care and placement of children outside the family home – Child’s habitual … Continue reading A (Area of Freedom, Security and Justice): ECJ 2 Apr 2009
ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid … Continue reading Banco Santander And Santusa v Commission: ECFI 7 Nov 2014
ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid … Continue reading Autogrill Espana v Commission: ECFI 7 Nov 2014
ECHR The applicant alleged, in particular a violation of Article 6-1 of the Convention on account of the excessive length of criminal proceedings. He also complains of the ineffectiveness of the remedy to enforce this complaint (Article 13). Guido Raimondi, P 18393/09 – Chamber Judgment, [2014] ECHR 1153 Bailii European Convention on Human Rights 6-1 … Continue reading Panju v Belgium: ECHR 28 Oct 2014
39483/05 40527/10 – Chamber Judgment, [2014] ECHR 1043 Bailii European Convention on Human Rights Human Rights Citing: Legal Summary – Liseytseva and Maslov v Russia (Summary) ECHR 9-Oct-2014 ECHR Article 6 Enforcement proceedings Article 6-1 Reasonable time State’s failure to enforce final judgments within a reasonable time: violation Facts – Both applicants worked for . … Continue reading Liseytseva And Maslov v Russia: ECHR 9 Oct 2014
ECFI Judgment – Community design – Invalidity proceedings – Registered Community design representing an insert – Earlier design – Novelty – Individual character – Visible features of a component part of a complex product – Assessment of the earlier design – Articles 3, 4, 5, 6 and 25(1)(b) of Regulation (EC) No 6/2002 M. Prek, … Continue reading Cezar v OHMI – Poli-Eco (Insert): ECFI 3 Oct 2014
EU trade mark – Revocation proceedings – EU word mark JUVEDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark is registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) T-397/20, [2021] EUECJ T-397/20 Bailii European Intellectual Property … Continue reading Allergan Holdings France v EUIPO – Dermavita Company (Juvederm) (EU Trade Mark – Judgment): ECFI 6 Oct 2021
ECJ Advocate General’s Opinion – Freedom of movement for workers – Posted workers – Pay claims deriving from an employment relationship – Regulation (EC) No 593/2008 (Rome I Regulation) – Choice of law – Article 8 – Law applicable to individual employment contracts – Article 14 – Assignment of pay claims to a trade union … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014
ECJ Advocate General’s Opinion – Approximation of laws – Directive 2004/39/EC – Article 54, paragraphs 1 and 2 – Obligation of professional secrecy to which the supervisory authorities of financial services – investment company of fraudulent bankruptcy or liquidation – Effect on secret professional – Disclosure of information in civil or commercial proceedings if they … Continue reading Altmann And Others v BaFin: ECJ 4 Sep 2014
ECJ Advocate General’s Opinion – Preliminary ruling – Directive 91/439/EEC and 2006/126 / EC – Driving license – Article 8, paragraph 2, of the Directive 91/439 and Article 11, paragraph 4, second paragraph, of Directive 2006/126 – refusal of a Member State to recognize, to a person who leads its territory under the influence of … Continue reading Aykul v Land Baden-Wurttemberg: ECJ 4 Sep 2014
ECJ Sixth VAT Directive – Article 13B(c) – Exemptions – Exemption of supplies of goods excluded from the right to deduct – Resale of motor cars purchased second-hand by a leasing company – Article 26a – Special arrangements for sales of second-hand goods. [2006] CEC 404, [2005] EUECJ C-280/04, [2005] ECR I-10683, [2006] STI 39, … Continue reading Jyske Finans A/S v Skatteministeriet intervening parties: Nordania Finans A/S, BG Factoring A/S: ECJ 8 Dec 2005
ECJ Reference for a preliminary ruling – VAT – Sixth Directive 77/388/EEC – Article 11C(1), first subparagraph – Direct effect – Reduction of the taxable amount – Two transactions concerning the same goods – Supply of goods – Cars, sold on a hire purchase basis, repossessed and sold at auction – Abuse of rights ECLI:EU:C:2014:2131, … Continue reading GMAC UK (Judgment Of The Court): ECJ 3 Sep 2014
ECJ Judgment – Failure to fulfill obligations – Free movement of capital – Articles 21 TFEU and 63 TFEU – EEA Agreement – Articles 28 and 40 – Tax on inheritance and gift – Division of fiscal powers – Discrimination between residents and non-residents – Discrimination based the location of the property – Burden of … Continue reading Commission v Spain: ECJ 3 Sep 2014
ECJ Reference for a preliminary ruling – Structural funds – Economic, social and territorial cohesion – Regulation (EC) No 1260/1999 – Article 38 – Regulation (EC) No 2792/1999 – Article 19 – Fisheries – Court proceedings at national level – Obligation on the part of the Member State to take the measures necessary to ensure … Continue reading Baltlanta UAB v Lietuvos valstybe: ECJ 3 Sep 2014
ECJ (Judgment) Community trade mark – Application for Community figurative mark representing two rows and five stars – Absolute ground for refusal – Distinctive character – Article 7, paragraph 1 b) and Article 75 of Regulation (EC) No 207/2009 – Failure appreciation concrete – Obligation to state reasons T-687/13, [2014] EUECJ T-687/13 Bailii European, Intellectual … Continue reading Unibail Management v OHIM: ECFI 3 Sep 2014
UTIAA On the current state of the authorities: (a) the maintenance requirements of E-LTRP.3.1-3.2 stand, although Blake J in R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin) said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; … Continue reading Gulshan (Article 8 – New Rules – Correct Approach) Pakistan: UTIAC 17 Dec 2013
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He applied for a review. Held: The court was asked whether, and in what … Continue reading Flint v Eastern Electricity Board: EAT 1975
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not … Continue reading Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998
ECHR Article 3 Expulsion Homosexual required to return to Libya in order to apply for family reunion: no violation Facts – The applicant, a Libyan national who had been living in Sweden since 2010, applied for asylum there initially on the grounds that he feared persecution because of his involvement in the illegal transportation of … Continue reading ME v Sweden: ECHR 26 Jun 2014
ECHR Article 11-1 Freedom of peaceful assembly Complete blockage of a village in response to a peaceful demonstration: violation Facts – On 10 April 2006 a group of people sent written notice to the district authorities that on 25 April they wished to hold a demonstration of 5,000 people at a park in the village … Continue reading Primov and Others v Russia: ECHR 12 Jun 2014
ECJ Advocate General’s Opinion – Appeal – Dumping – Implementing Regulation (EU) No 464/2011 – Importation of zeolite A powder originating in Bosnia and Herzegovina – Regulation (EC) No 1225/2009 – Article 2 – Normal Value – Commercial Operations normal Mengozzi AG C-393/13, [2014] EUECJ C-393/13 – O, ECLI: EU: C: 2014:2105, [2014] EUECJ C-393/13 … Continue reading Conseil v Alumina: ECJ 17 Jul 2014
ECJ Order – Appeal – Action for annulment – Period of use – Validity of notification of a decision of the Commission to the Permanent Representative of a Member State – Determination of the date of this notification – Rules of Procedure of the Court – Article 181 – Appeal manifestly unfounded E. Juhasz, P … Continue reading Germany v Commission: ECJ 3 Jul 2014
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity surveyors. He was tried before a sheriff and a jury … Continue reading Pullar v The United Kingdom: ECHR 10 Jun 1996
ECHR Article 6 Civil proceedings Article 6-1 Access to court Refusal to grant welfare benefits to foreign nationals: violation Article 14 Discrimination Facts – At the material time the applicant was a Tunisian national who had entered Italy on a lawful residence and work permit. In 2001 he applied for a family allowance, explaining that … Continue reading Dhahbi v Italy: ECHR 8 Apr 2014
ECJ (Judgment Of The Court) Appeal – Concentration of undertakings – Commission Decision – Sentenced to pay a fine – Violation of Article 7 of Regulation (EEC) No 4064/89 – Control of concentrations between undertakings – Article 14, paragraph 3 – Factors to be taken into account in determining the amount of the fine – … Continue reading Electrabel v Commission: ECJ 3 Jul 2014
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee 43393/18, [2021] ECHR 901 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 16 December 2021; Ref: scu.668975
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee 41839/09, [2018] ECHR 822 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 13 December 2021; Ref: scu.628764
EU trade mark – Opposition proceedings – Application for the EU word mark RUXXIMLA – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001 T-239/20, [2021] EUECJ T-239/20, ECLI:EU:T:2021:771 Bailii European Intellectual Property Updated: 12 December 2021; Ref: … Continue reading Stada Arzneimittel v EUIPO – Pfizer (Ruxximla) (EU Trade Mark – Judgment): ECFI 10 Nov 2021
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee 76393/17, [2021] ECHR 819 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 12 December 2021; Ref: scu.668673
The court emphasised the importance of a pragmatic connection between different aspects of a multiple process for the purpose of ascertaining whether Article 6 rights attach to any particular aspect. (2007) 45 EHRR 1031 European Convention on Human Rights 6 Human Rights Cited by: Cited – G, Regina (on The Application of) v X School … Continue reading Lizzarraga v Spain: ECHR 2007
The judge had to consider a claim that a Housing Benefit Review Board lacked the appearance of an independent and impartial tribunal, and thus contravened the right to a fair trial on common law principles and under Article 6. The problem was that the Chairman and two other members of the Board were councillors of … Continue reading Regina v Secretary of State for the Environment ex parte Norwich City Council: CA 1982
The defendant appealed by case stated against his conviction under the 1988 Act of possessing a bladed article in a public place. He had been found in the forecourt of a hostel by the police seeking to re-enter after being excluded. He said that it was not a public place. Held: The appeal succeeded. Sedley … Continue reading Harriot v Director of Public Prosecutions: Admn 4 May 2005
ECHR Judgment : Article 2 – Right to life : Fifth Section Committee 75394/13, [2021] ECHR 839 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 05 December 2021; Ref: scu.668682
ECJ (Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to have developed, implemented or approved waste reception and handling plans for all ports 1. Actions for failure to fulfil obligations – Examination of the … Continue reading Commission of The European Communities v Kingdom of Spain: ECJ 11 Dec 2008
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public administration – Masters and chief officers of vessels – Allocation of State authority on board – Requirement to hold the nationality of the flag Member State C-447/07, [2008] EUECJ C-447/07, ECLI:EU:C:2008:502 … Continue reading Commission of The European Communities v Italian Republic: ECJ 11 Sep 2008
(Judgment Of The Court (Seventh Chamber)) Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8) Re: Failure of a Member State to fulfil obligations … Continue reading Commission of the European Communities v Grand Duchy of Luxemburg: ECJ 18 Dec 2008
Order – Interventions First Advocate General Mengozzi [2010] EUECJ C-39/10, C-39/10 Bailii Cited by: See Also – Commission v Estonia ECJ 24-Nov-2011 ECJ Opinion – Failure to fulfill obligations – Objection of inadmissibility – Interveners – Freedom of movement for workers – Article 45 TFEU – Article 28 of the EEA Agreement – Tax legislation … Continue reading Commission v Estonia: ECJ 4 Jun 2010
ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Income tax – Allowance – Retirement pensions – Effect on small pensions – Discrimination between resident and non-resident taxpayers J-C Bonichot, P [2012] EUECJ C-39/10, C-39/10 Bailii Citing: See Also – Commission v Estonia ECJ 4-Jun-2010 Order – Interventions … Continue reading Commission v Estonia: ECH 10 May 2012
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public service – Captain and officer (chief mate) on vessels – Conferment of powers of public authority on board – Requirement that they be nationals of the Member State whose flag the … Continue reading European Commission v Hellenic Republic: ECJ 10 Dec 2009
Just satisfaction [2011] ECHR 2124, 39058/05 Bailii European Convention on Human Rights Citing: Judgment – Kyriakides v Cyprus ECHR 16-Oct-2008 The applicant alleged, inter alia, that the denial of compensation for moral damage he had sustained was incompatible with Articles 8 and 13 of the Convention. . . Lists of cited by and citing cases … Continue reading Kyriakides v Cyprus: ECHR 2 Dec 2011
ECHR Judgment : No Article 2 – Right to life : Third Section Committee 43955/11, [2021] ECHR 864 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 December 2021; Ref: scu.668703
ECHR Judgment : Article 11 – Freedom of assembly and association : First Section Committee 44390/16, [2021] ECHR 873 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 December 2021; Ref: scu.668737
ECJ Opinion – Failure to fulfill obligations – Directive 2000/60/EC establishing a framework for Community action in the field of water – Article 2, paragraph 38 – Services related to water use – Article 2, paragraph 39 – water use – Article 9 – Recovery of costs of services related to the use of water … Continue reading Commission v Germany: ECJ 22 May 2014
ECJ (Advocate General’s Opinion) International Organizations – Procedure for conclusion of an agreement – Determination of positions to be adopted on behalf of the Union in a forum established by an agreement – Resolutions of the International Organization of Vine and Wine (OIV) Article 218 (9) TFEU – Agreements of the Member States – Legal … Continue reading Germany v Council C-399/12: ECJ 29 Apr 2014
ECJ Judgment Of The Court – Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Articles 7(1), 11(2), 19(2), 88 and 89(1)(a) and (d) – Unregistered Community design – Protection – Making available to the public – Novelty – Action for infringement – Burden of proof – … Continue reading Gautzsch Grosshandel v Munchener Boulevard Mobel Joseph Duna Gmbh: ECJ 13 Feb 2014
ECHR Judgment : Article 2 – Right to life : Third Section Committee 49139/11, [2021] ECHR 865 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 03 December 2021; Ref: scu.668694
Grand Chamber – Article 41 Just satisfaction Compensation for expropriation based on equitable considerations Facts – Under contracts of donation signed in 1994 the applicants acquired five plots of land on an island that is mainly occupied by port facilities and is part of the city of Riga. In the 1990s the applicants’ properties were … Continue reading Vistins And Perepjolkins v Latvia: ECHR 25 Mar 2014
ECJ Request for a preliminary ruling – Sixth VAT Directive – Exemptions – Transactions concerning the sale of shares and involving the transfer of interests in immoveable property – Imposition of an indirect tax distinct from VAT – Articles 49 TFEU and 63 TFEU – Purely internal situation E. Juhasz, P C-139/12, [2014] EUECJ C-139/12 … Continue reading Caixa D’Estalvis I Pensions De Barcelona v Generalidad de Cataluna: ECJ 20 Mar 2014
ECJ Failure of a Member State to fulfil obligations – Registration of motor vehicles – Articles 34 TFEU and 36 TFEU – Directive 70/311/EEC – Directive 2007/46/EC – Driving on the right in a Member State – Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles … Continue reading Commission v Poland: ECJ 20 Mar 2014
ECHR Article 3 – Degrading treatment – Inhuman treatment Use of pepper spray against an aggressive prisoner and his confinement to restraint bed for 3 hours and 40 minutes: violation Facts – While serving a prison sentence, the applicant refused to comply with the orders of prison officers. Pepper spray, physical force and a telescopic … Continue reading Tali v Estonia: ECHR 13 Feb 2014
ECJ Appeal – State aid – Schemes for aid granted in favour of housing corporations – Compatibility decision – Commitments provided by the national authorities in order to comply with European Union law – Fourth paragraph of Article 263 TFEU – Action for annulment – Conditions governing admissibility – Interest in bringing proceedings – Locus … Continue reading Stichting Woonpunt And Others v Commission: ECJ 27 Feb 2014
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018
The applicant began practising as a general medical practitioner in 1978 from premises which he owned. He was a sole practitioner and had a panel of 1,400 patients, many of whom were from the local Bangladeshi population. On 30 March 2004, he entered into a contract with the Waltham Forest Primary Care Trust (‘the PCT’) … Continue reading Malik v The United Kingdom: ECHR 25 Jan 2010
The claimant travellers had been moved from one site, and retationed their caravans on a nearby track. The Council served an enforcement notice alleging unlawful change of use to residential purposes. The Claimants contended that the decision was unlawful in that the Defendant failed to consider whether Mrs Flynn was a relevant occupier as she … Continue reading Flynn and Another v Secretary of State for Communities and Local Government and Another: Admn 20 Feb 2014
ECJ Sixth VAT Directive – Second sentence of Article 5(6) – Concept of ‘samples’ – Concept of ‘gifts of small value’ – Recorded music – Distribution free of charge for promotional purposes K Lenaerts, P [2010] EUECJ C-581/08, C-581/08 Bailii Citing: 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 30 Sep 2010
ECJ Opinion – Article 54 of the Convention Implementing the Schengen Agreement (CISA) – Ne bis in idem principle – Pre – trial finding of ‘non-lieu’ (‘no case to answer’) barring further prosecution of the same person for the same facts – Finding subject to the possibility of new facts and/or evidence emerging – Criminal … Continue reading Procura Della Repubblica v M: ECJ 6 Feb 2014
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Committee 12962/19, [2021] ECHR 795 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 29 November 2021; Ref: scu.668739
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee 39169/07, [2021] ECHR 862 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 29 November 2021; Ref: scu.668733
Execution – The court was asked to interpret a testamentary provision and as to the right of an adopted son to inherit from his grandmother under her will. When a child is adopted under a full adoption procedure, the child is in the same legal position as a biological child of his or her parents … Continue reading Pla and Puncernau v Andorra: ECHR 8 Aug 2011
The applicant challenged her conviction for contempt of court in that whilst a juror, she researched the case before her on the internet, discovering that the defendant had faced an earlier allegation broadly similar. She now said that the conviction orose from failure to follow a direction, not an order. The court set the question … Continue reading Dallas v The United Kingdom: ECHR 11 Nov 2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence information. The recall was considered by a panel of commissioners and material was served, … Continue reading Martin Corey, Re for Judicial Review: SC 4 Dec 2013
ECHR Grand Chamber – Article 8-1 Respect for family life Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention: violation Facts – The applicant lived in Australia and in 2005 gave birth to a daughter while living with her partner T. The child’s birth … Continue reading X v Latvia: ECHR 26 Nov 2013
ECHR Article 6-3-c Defence through legal assistance Lack of legal representation at initial stage of investigation when applicant made a confession during interview as a witness: no violation Facts – The applicant was summoned to a police station with several others for questioning as a witness in connection with an investigation into a double murder … Continue reading Bandaletov v Ukraine: ECHR 31 Oct 2013
ECHR Article 3 Expulsion Positive obligations Failure by Russian authorities to protect Tajik national in their custody from forced repatriation to Tajikistan despite risk of proscribed treatment: violation Article 34 Hinder the exercise of the right of petition Failure by Russian authorities to protect Tajik national in their custody from forcible repatriation to Tajikistan in … Continue reading Nizomkhon Dzhurayev v Russia (LS): ECHR 3 Oct 2013
ECHR Article 2-1 Life Effective investigation Failure to effectively investigate civilian disappearances in Ingushetia: violation Facts – The applicants were close relatives of three men who disappeared in Ingushetia in 2002 and 2004 after being apprehended by armed men they identified as Russian security forces. In each case a criminal investigation was opened by the … Continue reading Yandiyev And Others v Russia (LS): ECHR 10 Oct 2013
ECHR Article 14 Discrimination Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother: violation Facts – The applicant, a self-employed entrepreneur, adopted a three-year old child. She requested paid maternity leave, but the local health-insurance fund refused on the grounds that under domestic law self-employed biological mothers were entitled to … Continue reading Topcic-Rosenberg v Croatia: ECHR 14 Nov 2013
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
(1) Article 17(2) of Regulation 604/2013 of the European Parliament and of the Council (‘Dublin III’) confers a discretion on a Member State to examine an application for international protection ‘in order to bring together any family relations, on humanitarian grounds, based on family or cultural considerations’. Although the discretion is wide, it is not … Continue reading BAA and Another, Regina (on The Application of) v Secretary of State for The Home Department (Dublin III: Judicial Review; SOS’s Duties): UTIAC 23 Jun 2020
Questions set for the parties 24239/09 – Communicated Case, [2013] ECHR 967 Bailii European Convention on Human Rights, Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Sch 3 3(2)(b) Citing: At First Instance – Nasseri v Secretary of State for the Home Department Admn 2-Jul-2007 The applicant had sought and been refused asylum. He … Continue reading Nasseri v The United Kingdom: ECHR 23 Sep 2013