Search Results for: Article 39 EC

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European Dynamics Luxembourg Sa v Office For Harmonisation In The Internal Market: ECFI 12 Sep 2013

ECJ Action for annulment and damages – Public service contracts – Objection of inadmissibility – Action for annulment – First and fifth paragraphs of Article 263 TFEU – Article 122 of Regulation (EC) No 207/2009 – Action not premature – Status of defendant – Jurisdiction of the General Court – Action for damages – Article … Continue reading European Dynamics Luxembourg Sa v Office For Harmonisation In The Internal Market: ECFI 12 Sep 2013

Ottica New Line Di Accardi Vincenzo v Comune Di Campobello Di Mazara: ECJ 26 Sep 2013

ECJ Articles 49 TFEU and 56 TFEU – Freedom of establishment – Public health – Opticians – Regional legislation making the establishment of new opticians’ shops subject to authorisation – Demographic and geographical limitations – Justification – Appropriateness for attaining the objective pursued – Coherency – Proportionality L. Bay Larsen, P C-539/11, [2013] EUECJ C-539/11 … Continue reading Ottica New Line Di Accardi Vincenzo v Comune Di Campobello Di Mazara: ECJ 26 Sep 2013

Dyller v Poland: ECHR 15 Feb 2011

Request for revision of the judgment of 7 July 2009 [2011] ECHR 310, 39842/05 Bailii European Convention on Human Rights Citing: Judgment – Dyller v Poland ECHR 7-Jul-2009 The applicant alleged that his pre-trial detention had exceeded a ‘reasonable time’ within the meaning of Article 5-3 of the Convention. . . Lists of cited by … Continue reading Dyller v Poland: ECHR 15 Feb 2011

Abdullah Yasa And Others v Turkey: ECHR 16 Jul 2013

Article 3 Degrading treatment Inhuman treatment Serious injury to nose caused by tear gas canister fired by police officer: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Facts – The first applicant, who was thirteen at the material time, was struck in the face by a tear gas canister which … Continue reading Abdullah Yasa And Others v Turkey: ECHR 16 Jul 2013

Commission of The European Communities v United Kingdom (Third Chamber) C-390/07: ECJ 10 Dec 2009

ECJ Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste water treatment – Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II – Initial failure to identify sensitive areas – Concept of ‘eutrophication’ – Criteria – Burden of proof – Relevant date … Continue reading Commission of The European Communities v United Kingdom (Third Chamber) C-390/07: ECJ 10 Dec 2009

Nilas And Others: ECJ 1 Jul 2011

Fast Track – Order [2011] EUECJ C-248/11, C-248/11 Bailii Directive 2004/39/EC Cited by: See Also – Nilas And Others ECJ 22-Mar-2012 nilasECJ2012 ECJ Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(14) – Concept of ‘regulated market’ – Authorisation – Functional requirements – Market whose legal nature is not specified, but which is . … Continue reading Nilas And Others: ECJ 1 Jul 2011

Rudnichenko v Ukraine: ECHR 11 Jul 2013

ECHR Article 6-3-d Examination of witnesses Absence of reasons for authorities’ refusal to secure attendance of witness whose testimony had been used for applicant’s conviction: violation Facts – The applicant was found guilty of robbery in conspiracy with B. and sentenced to seven years’ imprisonment. B. had already been found guilty at a separate trial … Continue reading Rudnichenko v Ukraine: ECHR 11 Jul 2013

MA v Cyprus: ECHR 23 Jul 2013

ECHR Article 5-1Deprivation of libertyTransfer and stay at police headquarters of a group of immigrants with a view to identifying and deporting unlawful residents: violationFacts – The applicant, a Syrian national of Kurdish origin, fled Syria in 2005 and made an unsuccessful claim for asylum in Cyprus. His file was reopened by the asylum service … Continue reading MA v Cyprus: ECHR 23 Jul 2013

Lynch v Director of Public Prosecutions: Admn 8 Nov 2001

The defendant challenged a conviction for having a locked bladed article in his possession in a public place, on the basis that it placed on him a burden of proof contrary to the convention. Held: Salabiaku permits a reverse onus but requires presumptions of fact or of law to be defined within reasonable limits. As … Continue reading Lynch v Director of Public Prosecutions: Admn 8 Nov 2001

OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

Coastguard Not liable in Negligence Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became separated. They were all eventually rescued … Continue reading OLL Ltd v Secretary of State for Transport: QBD 22 Jul 1997

KAS v The United Kingdom (Dec): ECHR 4 Jun 2013

Article 37-1 Striking out applications Careful examination of applicant’s case by domestic courts: struck out Facts – The applicant, a mother of six children, and her former husband were under investigation by the United Kingdom and the United States authorities for the sale of chemicals used for the manufacture of illegal drugs. In 2006 an … Continue reading KAS v The United Kingdom (Dec): ECHR 4 Jun 2013

Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

JO (Uganda) and JT (Ivory Coast) v Secretary of State for The Home Department: CA 22 Jan 2010

When considering an order for the deportation of a non-EU national on completion of a term of imprisonment, the actual weight to be placed on the criminal offending must depend on the seriousness of the offence(s) and the other circumstances of the case. Richards, Mummery, Toulson LJJ [2010] EWCA Civ 10, (2010) 107(6) LSG 18, … Continue reading JO (Uganda) and JT (Ivory Coast) v Secretary of State for The Home Department: CA 22 Jan 2010

Commission v Austria (Social Policy): ECJ 6 Apr 2006

ECJ Failure to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Failure to notify implementing measures – Incorrect or inadequate implementation – Articles 2(1), 7(3), 8(2), 11(2)(c) and (d), 13(2)(b) and 18. C-428/04, [2006] EUECJ C-428/04 Bailii Directive 89/391/EEC European European Updated: 15 … Continue reading Commission v Austria (Social Policy): ECJ 6 Apr 2006

McDonnell v The United Kingdom: ECHR 9 Dec 2014

The applicant complained in particular under Article 2 that the State had not fulfilled its procedural, investigative obligation in respect of the death in custody of her son in that there had been an excessive delay in the inquest proceedings. Held: The delay was a breach. Award accordingly. Ineta Ziemele, P 19563/11 – Chamber Judgment, … Continue reading McDonnell v The United Kingdom: ECHR 9 Dec 2014

European Commission v Czech Republic: ECJ 11 Jul 2013

ECJ Failure of a Member State to fulfil obligations – Transport – Directive 91/440/EEC – Development of the Community’s railways – Article 10(7) – Regulatory body – Competences – Directive 2001/14/EC – Allocation of railway infrastructure capacity – Article 4(1) – Charging framework – Article 6(2) – Measures intended to provide the infrastructure manager with … Continue reading European Commission v Czech Republic: ECJ 11 Jul 2013

Green (Article 8 – New Rules) Jamaica: UTIAC 13 May 2013

UTIAC 1. In Nagre v SSHD [2013] EWHC 720 (Admin) the Administrative Court approved the guidance of the Upper Tribunal in Izuazu [2013] UKUT 45 (IAC) in turn endorsing the two stage approach recommended by the Upper Tribunal in MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC). Sales J added the proviso … Continue reading Green (Article 8 – New Rules) Jamaica: UTIAC 13 May 2013

Garnaga v Ukraine: ECHR 16 May 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeRefusal to allow a change of patronymic: violationFacts – In March 2004 the applicant, a Ukrainian national, lodged a request for a change of her patronymic to one derived from her stepfather’s forename. The Registration Office refused on the grounds that the Rules on Civil … Continue reading Garnaga v Ukraine: ECHR 16 May 2013

Commission v Germany (Free Movement Of Persons): ECJ 10 Sep 2009

ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Regulation (EEC) No 1612/68 Savings-pension bonus – Full liability to tax C. W. A. Timmermans, P [2009] EUECJ C-269/07, C-269/07 Bailii Citing: Opinion – Commission v Germany (Free Movement Of Persons) ECJ 31-Mar-2009 ECJ Opinion – Failure of Member … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 10 Sep 2009

Nataliya Mikhaylenko v Ukraine: ECHR 30 May 2013

49069/11 – Chamber Judgment, [2013] ECHR 484 Bailii European Convention on Human Rights Human Rights Citing: Legal Summary – Nataliya Mikhaylenko v Ukraine (LS) ECHR 30-May-2013 ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her . … Continue reading Nataliya Mikhaylenko v Ukraine: ECHR 30 May 2013

Rappaz v Switzerland (Dec) Legal Summary: ECHR 26 Mar 2013

ECHR Article 2Positive obligationsDecision to force-feed rather than release prisoner on hunger strike: inadmissibleArticle 3Degrading treatmentInhuman treatmentPossible force-feeding of prisoner on hunger strike in protest at his detention: inadmissibleFacts – In 2000 the applicant was sentenced to sixteen months’ imprisonment for drug trafficking. He began a hunger strike in prison. He was released for thirty … Continue reading Rappaz v Switzerland (Dec) Legal Summary: ECHR 26 Mar 2013

Criminal Proceedings Against Stefano Melloni: ECJ 2 Oct 2012

ECJ (Opinion) Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between Member States – Decisions rendered at the end of proceedings in which the person concerned has not appeared in person – Execution of a sentence pronounced in absentia – Possibility of review of the judgment – Charter of … Continue reading Criminal Proceedings Against Stefano Melloni: ECJ 2 Oct 2012

Ultra Air Gmbh v Office For Harmonisation In The Internal Market (Trade Marks And Designs), v Donaldson Filtration Deutschland Gmbh: ECFI 30 May 2013

ECFI Community trade mark – Invalidity proceedings – Community word mark ultrafilter international – Absolute ground for refusal – Article 52(1)(a) of Regulation (EC) No 207/2009 – Abuse of rights T-396/11, [2013] EUECJ T-396/11 Bailii European, Intellectual Property Updated: 12 November 2021; Ref: scu.510322

Evans v United Kingdom: ECHR 7 Mar 2006

The claimant had entered into fertilisation treatment with her boyfriend. They both signed an agreement under which the fertilised sperm were only later to be implanted with the agreement of both. The couple separated, and the potential father withdrew his consent to the treatment, and the woman was refused implantation. She complained of interference with … Continue reading Evans v United Kingdom: ECHR 7 Mar 2006

Omar Othman (Abu Qatada) v The United Kingdom: ECHR 17 Jan 2012

The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that incriminating statements against him had been obtained by torture. Held: His deportation to Jordan … Continue reading Omar Othman (Abu Qatada) v The United Kingdom: ECHR 17 Jan 2012

The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994

ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another convention on a specific matter containing rules on jurisdiction, that specialized convention precludes the application of the provisions of the Brussels Convention … Continue reading The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994

Denkavit International and others v Bundesamt fur Finanzen: ECJ 17 Oct 1996

LMA The case concerned an incorrect implementation by Germany of a Directive on the taxation of parent companies and subsidiaries in different States, which allegedly caused loss to the plaintiff’s company. Held: (does decision turn on discretion on implementation) Germany’s breach did not amount to a sufficiently serious breach. Almost all of the other MS … Continue reading Denkavit International and others v Bundesamt fur Finanzen: ECJ 17 Oct 1996

RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012

The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime. Held: The Secretary of State’s appeals failed. The HJ principle applied. It was wrong to require someone with no political beliefs to … Continue reading RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012

Dallas v The United Kingdom: ECHR 11 Feb 2016

Test for contempt was accessible and foreseeable. The applicant had been convicted of contempt of court in that whilst acting as a juror, and in defiance of an explicit direction from the judge had researched the defendant in the internet, and passed on her findings to other jurors. Held: the Divisional Court had decided that … Continue reading Dallas v The United Kingdom: ECHR 11 Feb 2016

Dubska And Krejzova v The Czech Republic: ECHR 11 Dec 2014

dubskaECHR201412 ECHR Article 8-1 Respect for private life Legislation preventing health professionals assisting with home births: no violation Facts – The applicants wished to give birth at home, but under Czech law health professionals are prohibited from assisting with home births. The first applicant eventually gave birth to her child alone at home while the … Continue reading Dubska And Krejzova v The Czech Republic: ECHR 11 Dec 2014

MG (Prison-Article 28, (A) of Citizens Directive): UTIAC 12 Aug 2014

mg_prisonUTIAC1408 (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon imperative grounds of public security. (2) There is a tension in the judgment of the Court of Justice of … Continue reading MG (Prison-Article 28, (A) of Citizens Directive): UTIAC 12 Aug 2014

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

Bosphorus Hava Yollari Turizm ve Ticaretas v Minister for Transport, Energy and Communications and others: ECJ 30 Jul 1996

ECJ (Judgment) Article 8 of Regulation No 990/93 concerning trade between the European Economic Community and the Federal Republic of Yugoslavia, which provides that ‘all vessels, freight vehicles, rolling stock and aircraft in which a majority or controlling interest is held by a person or undertaking in or operating from the Federal Republic of Yugoslavia … Continue reading Bosphorus Hava Yollari Turizm ve Ticaretas v Minister for Transport, Energy and Communications and others: ECJ 30 Jul 1996

Clift, Regina (on the Application of) v Secretary of State for the Home Department: HL 13 Dec 2006

The claimants were former serving prisoners who complained that the early release provisions discriminated against them unjustifiably. Each was subject to a deportation requirement, and said that in their cases the control on the time for their early release had been vested in the respondent and not in the courts. Held: It could no longer … Continue reading Clift, Regina (on the Application of) v Secretary of State for the Home Department: HL 13 Dec 2006

Hutchinson v The United Kingdom: ECHR 3 Feb 2015

hutchinson_UKECHR201502 Article 3 Degrading punishment Inhuman punishment Continued detention under whole life order following clarification of Secretary of State’s powers to order release: no violation Facts – Following his conviction in September 1984 of aggravated burglary, rape and three counts of murder, the applicant was sentenced to life imprisonment with a recommended minimum tariff of … Continue reading Hutchinson v The United Kingdom: ECHR 3 Feb 2015

NK v France (LS): ECHR 19 Dec 2013

ECHR Article 3 Expulsion Risk of ill-treatment in Pakistan owing to applicant’s conversion to Ahmadism: deportation would constitute a violation Facts – The applicant, who was from a Sunni Muslim family in Pakistan, converted to the Ahmadiyya religion. In 2009 he arrived in France where his asylum application was rejected. Law – Article 3: Concerning … Continue reading NK v France (LS): ECHR 19 Dec 2013

Hammonds LLP v Jones: CA 21 Dec 2009

Partners had left the solicitors firm during the year. They had taken drawings calculated on the basis of anticipated profits, which not being met, the partnership sought to recover. The outgoing partners objected to being bound by accounts drawn after they had left. Held: The defendant’s appeal failed. On a true construction of the deed, … Continue reading Hammonds LLP v Jones: CA 21 Dec 2009

Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident. Held: The appeal succeeded. The defendant had been accepted as a truthful witness, and ‘In my judgment that is a broad … Continue reading Chahal v Director of Public Prosecutions: Admn 24 Feb 2010

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

Spiers v Ruddy: PC 12 Dec 2007

Limits to Powers in Devolution Cases Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the subsequent delay in hearing his cases had prevented a … Continue reading Spiers v Ruddy: PC 12 Dec 2007

Air Canada v Secretary of State for Trade: HL 1983

The court considered the test to be applied before a document could be ordered to be discovered. Held: (Majority) Discovery is an exception to the adversarial character of the legal process. It assists both the parties and the court to discover the truth. By so doing, it not only helps towards a just determination; it … Continue reading Air Canada v Secretary of State for Trade: HL 1983

Barclay and Others, Regina (on The Application of) v Secretary of State for Justice and Others: SC 1 Dec 2009

The claimants said that restrictions within the constitution of Sark on who could sit in the Chief Pleas were incompatible with their human rights. The claimants variously owned property on Sark but had restricted rights to vote and stand. Held: The rights given by the constitution to the unelected members of the Sark, did not … Continue reading Barclay and Others, Regina (on The Application of) v Secretary of State for Justice and Others: SC 1 Dec 2009

Marks and Spencer v David Halsey (Inspector of Taxes): ECJ 13 Dec 2005

ECJ Articles 43 EC and 48 EC – Corporation tax – Groups of companies – Tax relief – Profits of parent companies – Deduction of losses incurred by a resident subsidiary- Allowed – Deduction of losses incurred in another Member State by a non-resident subsidiary – Not included.Article 43 EC did not preclude provisions of … Continue reading Marks and Spencer v David Halsey (Inspector of Taxes): ECJ 13 Dec 2005

McCann v The United Kingdom: ECHR 9 Sep 2008

The local authority had determined Mr McCann’s right to remain in his home by obtaining from his wife a notice to quit, the effect of which (surrendering their joint tenancy) upon him she did not understand. He said that this interfered with his article 8 rights. Held: He should in these circumstances have been given … Continue reading McCann v The United Kingdom: ECHR 9 Sep 2008

Kokkinakis v Greece: ECHR 25 May 1993

The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9. Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the circumstances of this case: ‘Bearing witness in words and deeds is bound up with the existence of religious convictions’ and … Continue reading Kokkinakis v Greece: ECHR 25 May 1993

RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

Fairness of SIAC procedures Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this would not happen. Held: Though in each case, SIAC had considered special materials, the … Continue reading RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

BH v Secretary of State for The Home Department: Admn 17 Nov 2009

The claimant was subject to a non-derogating control order under the 2005 Act. A relaxation was sought to allow him to visit his solicitors. But was offered subject to conditions which included a requirement that he be subject to a personal search. The claimant said that the Act did not contain a power to require … Continue reading BH v Secretary of State for The Home Department: Admn 17 Nov 2009

Pedro Espada Oviedo v Iberia Lineas Aereas De Espana Sa: ECJ 22 Nov 2012

ECJ Air transport – Montreal Convention – Article 22(2) – Liability of carriers in respect of baggage – Limits of liability in the event of the destruction, loss, damage or delay of baggage – Shared baggage belonging to a number of passengers – Baggage checked in by one of those passengers R Silva de Lapuerta … Continue reading Pedro Espada Oviedo v Iberia Lineas Aereas De Espana Sa: ECJ 22 Nov 2012

Shirlaw v Southern Foundries (1926) Ltd: CA 1939

The court warned against the over-ready application of any principle to justify the implication of terms into a contract. McKinnon LJ set out his ‘officious bystander’ test: ‘If I may quote from an essay which I wrote some years ago, I then said: ‘Prima facie that which in any contract is left to be implied … Continue reading Shirlaw v Southern Foundries (1926) Ltd: CA 1939

Rutten v Cross Medical: ECJ 9 Jan 1997

rutten_crossECJ1997 ECJ Convention on Jurisdiction and the Enforcement of Judgments – Special jurisdiction – Court for the place of performance of the contractual obligation – Contract of employment – Place where the employee habitually carries out his work – Meaning – Work carried out in more than one Contracting State(Brussels Convention of 27 September 1968, … Continue reading Rutten v Cross Medical: ECJ 9 Jan 1997

Zywicki v Poland: ECHR 20 Jan 2009

The applicant alleged, in particular, that his pre-trial detention had exceeded a ‘reasonable time’ within the meaning of Article 5 ss 3 of the Convention; that the domestic courts had failed to examine ‘speedily’ one of his appeals against the extension of the detention and one of his requests for release; that his detention had … Continue reading Zywicki v Poland: ECHR 20 Jan 2009

Chaytor and Others, Regina v: SC 1 Dec 2010

The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no jurisdiction to try them because of parliamentary privilege. Held: The appeals were dismissed. Neither Article 9 … Continue reading Chaytor and Others, Regina v: SC 1 Dec 2010

Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008

Roche v The United Kingdom: ECHR 19 Oct 2005

(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the defendant failing to provide records to allow the claim. The defendant … Continue reading Roche v The United Kingdom: ECHR 19 Oct 2005

Spain v Commission: ECFI 29 Mar 2012

ECFI Competition – Abuse of dominant position – Spanish broadband internet access markets – Decision finding an infringement of Article 82 EC – Price-fixing – Margin squeeze – Sincere cooperation – Ultra vires application of Article 82 EC – Legal certainty – Protection of legitimate expectations Truchot P T-398/07, [2012] EUECJ T-398/07 Bailii European Commercial … Continue reading Spain v Commission: ECFI 29 Mar 2012

Nilas And Others: ECJ 22 Mar 2012

nilasECJ2012 ECJ Directive 2004/39/EC – Markets in financial instruments – Article 4(1)(14) – Concept of ‘regulated market’ – Authorisation – Functional requirements – Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market – Article 47 – Not included on the list … Continue reading Nilas And Others: ECJ 22 Mar 2012

Commission v Italy: ECJ 22 May 2014

ECJ Judgment – Failure to fulfill obligations – Directive 1999/74/EC – Articles 3 and 5, paragraph 2 – Prohibition of rearing laying hens in unenriched cages – Breeding laying hens in cages do not comply with requirements arising under this Directive Safjan, P C-339/13, [2014] EUECJ C-339/13 Bailii Directive 1999/74/EC European Animals, Agriculture Updated: 02 … Continue reading Commission v Italy: ECJ 22 May 2014

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

MGN Limited v United Kingdom: ECHR 18 Jan 2011

The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011

Bankovic v Belgium: ECHR 12 Dec 2001

(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

E and Others, Regina (on The Application of) v The Director of Public Prosecutions: Admn 10 Jun 2011

Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. It was said that the applicant had herself been groomed by an adult … Continue reading E and Others, Regina (on The Application of) v The Director of Public Prosecutions: Admn 10 Jun 2011

Societe Generale, London Branch v Geys: SC 19 Dec 2012

The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012

British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Kobler v Republik Osterreich: ECJ 30 Sep 2003

The claimant’s claim had been presented to the Supreme Administrative Court in Austria, who had referred a question to the ECJ. Following the Schoning decision, the court withdrew the referral, and dismissed the claim. He now claimed damages from the state for the wrongful dismissal of his claim by the court. Held: It was for … Continue reading Kobler v Republik Osterreich: ECJ 30 Sep 2003

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Minister of Agriculture, Fisheries and Food, ex parte Country Landowners Association: ECJ 9 Nov 1995

ECJ 1. Neither Articles 13 and 15 of Regulation No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Regulation No 3013/89 on the common organization of the market in sheepmeat and goatmeat nor Articles 39 and 55 of Regulation No 3886/92 laying … Continue reading Regina v Minister of Agriculture, Fisheries and Food, ex parte Country Landowners Association: ECJ 9 Nov 1995

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

Axel Springer Ag v Germany: ECHR 7 Feb 2012

ECHR Grand Chamber – A German newspaper had published a story or stories about the arrest and conviction of a well-known TV actor, together with photographs, and various restraining-type orders had been issued by the German courts in relation to this. The propriety of these orders came before the ECHR. Held: the German courts had … Continue reading Axel Springer Ag v Germany: ECHR 7 Feb 2012

Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998

The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998

SW v The United Kingdom; CR v United Kingdom: ECHR 22 Nov 1995

Criminal Law Change not retrospective The law that marital rape was an offence, was not to be treated as retrospective despite being a common law change. The Court rejected complaints by two applicants who had been found guilty of raping their wives which was an undoubted extension of the concept of rape as had been … Continue reading SW v The United Kingdom; CR v United Kingdom: ECHR 22 Nov 1995

Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021

Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – Lack of urban water collection systems in certain agglomerations – Lack of secondary treatment or equivalent treatment of urban waste water in certain … Continue reading Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021

Commission v Belgium: ECJ 6 Nov 2014

comm_belgECJ1411 ECJ Judgment – Failure of a Member State to fulfil obligations – Urban waste water – Directive 91/271/EEC – Articles 3 and 4 – Obligation to collect – Obligation to treat T von Danwitz, P C-395/13, [2014] EUECJ C-395/13, ECLI:EU:C:2014:2347 Bailii Directive 91/271/EEC European, Utilities Updated: 01 November 2021; Ref: scu.538466

Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Manni: ECJ 9 Mar 2017

Individual data on Company registers not erasable ECJ (Approximation of Laws Approximation of Laws Data Protection Freedom of Establishment – Judgment) Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Article 6(1)(e) – Data subject to disclosure in the companies … Continue reading Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Manni: ECJ 9 Mar 2017

Joan Cuadrench More v Koninklijke Luchtvaart Maatschappij Nv: ECJ 22 Nov 2012

Air transport – Compensation and assistance to passengers – Denied boarding and cancellation or long delays of flights – Period allowed for commencing proceedingsAfter cancellation of his flight in December 2005 the claimant brought proceedings against the airline in Spain in February 2009 seeking compensation under Regulation 261. The limitation period under Spanish law was … Continue reading Joan Cuadrench More v Koninklijke Luchtvaart Maatschappij Nv: ECJ 22 Nov 2012

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013

The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance. Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations had named a scheme of work and the details of it were set out elsewhere. This did … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013

Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013

ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights C-390/12, [2013] EUECJ C-390/12 Bailii European Cited by: Opinion – Robert Pfleger, Mladen Vucicevic, Maroxx Software … Continue reading Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013

Georgia v Russia (No 1): ECHR 3 Jul 2014

georgia_russiaECHR1407 ECHR Grand Chamber – Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach Article 33 Inter-state case Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007 Article 35 … Continue reading Georgia v Russia (No 1): ECHR 3 Jul 2014

Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

The soldier had died of heatstroke after exercises in Iraq. The Minister appealed against a finding that the circumstances of his death required an investigation compliant with Article 2 human rights, saying that he was not subject to such jurisdiction whilst not on a British base in Iraq. The deceased’s family argued that the jurisdiction … Continue reading Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

Odelola v Secretary of State for the Home Department: HL 20 May 2009

The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. Held: The appeal failed. The decision was to be taken under the Rules applying at … Continue reading Odelola v Secretary of State for the Home Department: HL 20 May 2009

Clientearth v EIB (Environment – Financing of A Biomass Power Generation Plant In Galicia – Judgment): ECFI 27 Jan 2021

Financing of A Biomass Power Generation Plant Environment – Financing of a biomass power generation plant in Galicia – Resolution of the Board of Directors of the EIB approving the financing – Access to justice in environmental matters – Articles 9 and 10 of the Aarhus Convention – Articles 10 to 12 of Regulation (EC) … Continue reading Clientearth v EIB (Environment – Financing of A Biomass Power Generation Plant In Galicia – Judgment): ECFI 27 Jan 2021

Nambalat v Taher and Another: EAT 8 Dec 2011

nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011

Football Association Premier League and Others v QC Leisure: ECJ 16 Dec 2009

ECJ (Order) REFERENCES for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court), made by decisions of 11 July and 28 July 2008, received at the Court on 17 September … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 16 Dec 2009

Antonissen v Council and Commission: ECJ 29 Jan 1997

ECJ (Order) 1 Applications for interim measures – Provisional measures – Measures not expressly sought by the applicant – Discretion of the judge dealing with the application (EC Treaty, Art. 186) 2 Applications for interim measures – Provisional measures – Conditions for granting – Prima facie case – Serious and irreparable damage – Discretion of … Continue reading Antonissen v Council and Commission: ECJ 29 Jan 1997

Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his release, but that had been overriden by the respondent. had not … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

Degainis, Regina (on The Application of) v Secretary of State for Justice: Admn 3 Feb 2010

The claimant sought damages. He had been released from prison and recalled, but the review of his continued detention was not undertaken as it should have been. The defendant said that the acknowledgement and apology were sufficient just satisfaction. The claimant wanted damages. Held: The delay did not go as to his release, but ony … Continue reading Degainis, Regina (on The Application of) v Secretary of State for Justice: Admn 3 Feb 2010

National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

The court was asked whether a judgment of a fellow member state of the European Union ruling against a stay of proceedings on the basis that an arbitration clause was not incorporated in the contract can be relied on as creating an issue estoppel so as to prevent the English court deciding the point differently. … Continue reading National Navigation Co v Endesa Generacion Sa (The Wadi Sudr): CA 17 Dec 2009

McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

Steel and Morris v United Kingdom: ECHR 15 Feb 2005

The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed their right to a fair trial. Held: There had been an unacceptable inequality of arms. … Continue reading Steel and Morris v United Kingdom: ECHR 15 Feb 2005

Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006

The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had considered tha a reasonable and well informed observer would not think there was … Continue reading Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

El-Masri v The Former Yugoslav Republic of Macedonia: ECHR 13 Dec 2012

(Grand Chamber) The applicant, a German national of Lebanese origin, alleged that he had been subjected to a secret rendition operation, namely that agents of the respondent State had arrested him, held him incommunicado, questioned and ill-treated him, and handed him over at Skopje Airport to CIA agents who had transferred him, on a special … Continue reading El-Masri v The Former Yugoslav Republic of Macedonia: ECHR 13 Dec 2012

IR and GT v The United Kingdom (Dec): ECHR 28 Jan 2014

ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case concerned two foreign nationals whom the Secretary of State for the Home Department decided to exclude from the United Kingdom on the grounds that their presence in the country was not conducive to the public good. As the … Continue reading IR and GT v The United Kingdom (Dec): ECHR 28 Jan 2014

OHIM v Kessel: ECJ 11 Dec 2014

kesselECJ201412 ECJ (Judgment) Appeal – Community trade mark – Opposition proceedings – Application for registration of the word mark Premeno – Opposition by the proprietor of the earlier national word mark Pramino – Restriction of the goods designated in the application for registration as a Community trade mark – Regulation ( EC) No 207/2009 – … Continue reading OHIM v Kessel: ECJ 11 Dec 2014

Siegfried Zelger v Sebastiano Salinitri: ECJ 7 Jun 1984

Article 21 of the Convention of 28 September 1968 must be interpreted as meaning that the court ‘first seised’ is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts concerned: ‘the Court ‘first … Continue reading Siegfried Zelger v Sebastiano Salinitri: ECJ 7 Jun 1984

Cathie and Another v Secretary of State for Business, Innovation and Skills: CA 1 Jun 2012

The directors appealed against disqualification orders made against them under the 1986 Act. Their company had become insolvent, owing substantial arrears of PAYE and NI contributions. The revenue had said that they had paid other creditors first. Held: When considering appeals to avoid disqualification, a court would be better guided by the use of the … Continue reading Cathie and Another v Secretary of State for Business, Innovation and Skills: CA 1 Jun 2012

Kristiansen And Tyvik As v Norway: ECHR 2 May 2013

kristiansen_norwayECHR2013 ECHR Article 6-1Access to courtCivil rights and obligationsLengthy delays in examination of patent application rendering right of appeal to a court meaningless: violationFacts – The applicants jointly owned a patent application that was lodged with the Norwegian Industrial Property Office (NIPO) in 1990. The application was ultimately refused by the NIPO in a decision … Continue reading Kristiansen And Tyvik As v Norway: ECHR 2 May 2013