Discriminatory Temporary Suspension of Worker ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1 to 3 – Prohibition of all discrimination based on a disability – Whether a ‘disability’ exists – Concept of ‘long-term physical, mental, intellectual or sensory impairments’ – … Continue reading Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016
eventech_parkECJ1409 ECJ Advocate General’s Opinion – State aid – Concept of ‘aid’ under Article 107(1) TFEU – Rules governing access to and use of public infrastructure – Authorisation granted to taxis but not to private hire vehicles to use the bus lanes in the Greater London Area – Transfer of State resources – Selectivity – … Continue reading Eventech, Regina (On The Application of) v The Parking Adjudicator: ECJ 24 Sep 2014
The applicant had been excluded from school after a fire for which he was suspected pending completion of the police enquiry, which extended beyond the maximum allowed. Though the investigation was completed with no action against him, the scholl continued the exclusion until a meeting, but when the parents did not attend, his name was … Continue reading Ali v United Kingdom: ECHR 11 Jan 2011
ECJ Where (a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the coupon, which is distributed to a potential customer in the course of a sales promotion campaign, may be accepted by the … Continue reading Elida Gibbs Ltd v Commissioners Of Customs And Excise: ECJ 24 Oct 1996
The applicants alleged a violation of Article 6-1 and 3 (c) in that they had been interviewed by the police without access to a lawyer and that the evidence obtained from those interviews was used at their respective trials. Held: As to the first three claimants: ‘the applicants, not the prosecution, brought the safety interview … Continue reading Ibrahim And Others v The United Kingdom: ECHR 16 Dec 2014
Prison’s discretion to separate Civil Partners The claimants were in each case, prisoners in the same prison. After they had annpunced an intention to become civil partners, they were moved so as to be separated. They compained that this infringed their Article 8 rights. Held: The compaint failed. Such a separation was at the discretion … Continue reading Bright and Another v The Secretary of State for Justice: CA 16 Dec 2014
The claimant’s son was found hanging in his prison cell. He appealed refusal of a judicial review of the coroner’s decision not to put to the jury a question as to certain possible causative matters. The youth was seen hanging, but the guard called the wrong alarm code in, and did not attempt to cut … Continue reading Lewis, Regina (on The Application of) v HM Coroner for The Mid and North Division of The County of Shropshire and Another: CA 21 Dec 2009
Defendant to show service failure was unfair ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation No 1393/2007 – Articles 8, 14 and 19 – Postal service of a document instituting the proceedings – Failure to provide a translation of … Continue reading Henderson v Novo Banco SA: ECJ 2 Mar 2017
The Northern Ireland Parliament had elected its first minister and deputy more than six weeks after the election, but the Act required the election to be within that time. It was argued that as a creature of statute, the Parliament could not act outside the powers spelled out. Held: When the Act had been drafted … Continue reading Robinson v Secretary of State for Northern Ireland and Others: HL 25 Jul 2002
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
UTIAC 1 The expectation is that it will be an exceptional case in which permission to appeal to the Upper Tribunal should be granted where the lodging of the application for permission is more than 28 days out of time. Where, in such a case, a judge is minded to grant permission, the preferable course … Continue reading Ogundimu (Article 8 – New Rules) Nigeria: UTIAC 8 Feb 2013
lb_sapirECJ2012 ECJ Regulation (EC) No 44/2001 – Article 1(1) – Article 6(1) – Notion of ‘civil and commercial matter’ – Amount unduly paid by a public authority – Claim for repayment of the amount paid in judicial proceedings – Jurisdiction based on a factual connection – Closely connected claims – Defendant domiciled in a third … Continue reading Land Berlin v Sapir And Others: ECJ 28 Nov 2012
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
The claimant said that a decision to deport him on completion of a prison sentence for importing heroin infringed his article 8 rights to private and family life. He would be returned to Pakistan. His British Ctizen girlfriend spoke no Urdu or Punjabi. Held: The relationship had only begun when the claimant was in prison, … Continue reading A W Khan v The United Kingdom: ECHR 12 Jan 2010
The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee. Held: The court asked the parties to … Continue reading MGN Limited v United Kingdom: ECHR 24 Oct 2008
Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the state where that state fails to implement the directive in national law by the end of the period prescribed or where it fails to … Continue reading Criminal Proceedings Against Kolpinghuis Nijmegen Bv: ECJ 8 Oct 1987
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but Cambodia was not, party to the relevant international drug trafficking conventions, which did … Continue reading Medvedyev And Others v France: ECHR 29 Mar 2010
The claimant wished to be allowed to stay in the UK to complete her studies. The respondent said that her course did not meet the criteria, being for professional membership of the British Computer Society, and not at a formal degree level throughout. Held: The course if completed would lead to a degree level qualification. … Continue reading De Oliveira, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Mar 2009
The defendant was an American citizen but held a British passport. After the outbreak of war between Great Britain and Germany in 1939, he delivered from German territory broadcast talks in English hostile to Great Britain. Held: His conviction for treason was confirmed. Lord Jowitt LC referred to ‘the reciprocal duties of protection and allegiance’ … Continue reading Joyce v Director of Public Prosecutions: HL 1948
Free movement for those suspected of War Crimes Grand Chamber – Citizenship of The European Union – Right To Move and Reside Freely Within The Territory of The Member States – Restrictions – Judgment – Reference for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the … Continue reading K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018
Corporation tax – joint referral – FA 1998, Sch 18, para 31A – group relief – consortium – surrendering company indirectly partly owned by Luxembourg company – condition that ‘link company’ must be UK resident or carry on a trade in the UK through a permanent establishment – s 402(3), (3A) and (3B) ICTA 1988 … Continue reading The Felixstowe Dock and Railway Company Ltd and Others v Revenue and Customs: FTTTx 19 Dec 2011
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a court order which required the applicant to leave the house, which … Continue reading McCann v The United Kingdom: ECHR 13 May 2008
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law. Held: The decision was … Continue reading Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Third Section . .
ECJ Social security – Regulation (EEC) No 1408/71 Title III, Chapter 1 Articles 18 EC, 39 EC and 49 EC – Benefits in kind intended to cover the risk of reliance on care Residence in a Member State other than the . .
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ECHR Execution during several years of prison service imposed by a court ‘not established by law’: violation
Facts – In 2001 the applicant was arrested on suspicion of murder. His case was sent to the . .
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
The court considered a procedural filter which prevented the bringing of a claim relating to the exercise of powers under the 1983 Act without the leave of the court.
Held: ‘The Court notes at the outset that the Applicant pursued his . .
The applicant alleged, in particular violations of Articles 2 and 3 of the Convention. . .
ECJ Judgment – Appeal – Community Customs Code – Articles 220, paragraph 2 and 239 – Remission of import duties – Imports of preserved mushrooms from China – Decision declaring unjustified remission of import . .
The child’s mother (M) complained that the effective operation of the Hague Convention, in ordering the return of the applicant’s daughter to her habitual residence in the United States, M having taken her to France for the holidays and refused to . .
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the . .
(Commission) The applicant lived in the German Democratic Republic (‘DDR’). He wished to move to the Federal Republic of Germany, but the DDR authorities refused him permission. At 1115 on 9 September 1988, together with 17 other DDR citizens, he . .
Competition – Concentrations – Telecommunications sector – Decision imposing fines for putting into effect a concentration before it has been notified and authorised – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Legal . .
Personal Data – Protection of Natural Persons With Respect To The Processing of That Data – Deactivate A Facebook Page – Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Personal data – Protection of natural persons with respect . .
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained . .
ECJ Opinion – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Concept of ‘working time’ – Peripatetic workers – No fixed or habitual place of work – . .
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection allowed (non-exhaustion) (Art. 14+6); Preliminary objection rejected (non-exhaustion) (Art. 6); Preliminary objection rejected (out of time) . .
The Court considered linked issues as to the treatment of ‘qualifying children’ and their parents, under the statutory regime contained in Part 5A of the Nationality, Immigration and Asylum Act 2002. Three appellants (KO, IT and NS) argued that when . .
Challenge to the rule change introduced by the Parole Board Rules 2019 granting a prisoner or the Secretary of State a 21-day period to apply for an administrative review of a Parole Board decision. The Appellant submits that the Reconsideration . .
Hudoc Preliminary objection rejected (ratione materiae, non-exhaustion of domestic remedies) ; No violation of Art. 2
A doctor by negligence had caused the termination of a pregnancy at the 20 to 24 weeks . .
ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section . .
EU trade mark – Opposition proceedings – Application for EU figurative mark FLIS Happy Moreno choco – Earlier national figurative marks MORENO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 . .
EU trade mark – Opposition proceedings – Application for EU figurative mark Happy Moreno choco – Earlier national figurative marks MORENO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now . .
Widowed parent’s allowance. The Court of Appeal unanimously held that the legislation was not incompatible with article 14, read either with article 8 or with A1P1 . .
The applicant had rented a house from the government, but was ordered to vacate the house following revocation of his tenancy. Because he had been a tenant of the government he was not, under domestic law, entitled to the security which he would . .
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs . .
The applicant, a Belgian butcher, paid a fine by way of settlement in the face of an order for the closure of his shop until judgment was given in an intended criminal prosecution or until such fine was paid.
Held: Since the payment was made . .
A. work consisting partly of compilations and selections from former works, and partly of original compositions, may be the subject of copyright.
The defendant having published a book consisting of matter pirated from the Plaintiffs’ work . .
The applicants complained that, as convicted prisoners, they had been subject to a blanket ban on voting in elections and had been, or would be, prevented from voting in one or more of the following: elections to the European Parliament on 4 June . .
ECHR Civil proceedings
Article 6-1
Access to court
Decision of Netherlands courts to decline jurisdiction to hear claim against the UN arising out of the Srebrenica massacre: inadmissible
There was no violation of Article 6 where the statement of a co-habitee was read at the trial without her being called to give evidence but, in Austrian law, a co-habitee cannot be compelled to be a witness and the court said that the right on which . .
Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter)
The applicant came from the Congo. He came to France, where he was a failed asylum seeker and a convicted drug . .
Subsidies : Judgment – Appeal – Subsidies – Implementing Regulation (EU) No 1239/2013 – Article 2 – Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China – Definitive . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
In a complaint of trade mark infringement, and when comparing the mark and sign, a lesser degree of similarity between the marks may be offset by a greater degree of similarity between the goods/services and vice versa.
Europa Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of . .
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must . .
Applications under the Brussels Convention for Interim Measures were capable of being heard by courts notwithstanding a clause referring disputes under the contract in issue exclusively to arbitration. Even in the case of Article 24 of the Brussels . .
Europa The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is . .
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to . .
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
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Europa Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Freedom of movement for workers – Civil servant undergoing preparatory practical training – Practical training completed in another . .
ECJ Judgment – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Agreement conferring jurisdiction – . .
ECJ Judgment – Appeal – Customs Union and the Common Customs Tariff – Community Customs Code – Article 239 – Implementing Regulations of the Customs Code – Article 905 – denim trousers import from the United . .
The British law which meant that non-resident parent companies of British based businesses were not able to recover interest on payments of advance corporation tax, was discriminatory against other European based companies. Accordingly the law was . .
First subparagraph of Article 104(3) of the Rules of Procedure – Freedom of establishment – Free movement of capital – Direct taxation – Corporation tax – Share dividends paid to a resident company by a non-resident company – Rules on controlled . .
Reference for a preliminary ruling – Directive 2003/71/EC – Companies – Obligation to publish a prospectus when securities are offered to the public or admitted to trading – Qualified and non-qualified investors – Civil liability towards qualified . .
The Court was asked about an alleged ‘corporate raid’, an attempt to exploit a minority shareholding in a company to obtain effective management or voting control without paying what other shareholders would regard as a proper price.
Held: The . .
A suspect’s position will have been substantially affected as soon as the suspicion against him is being seriously investigated and the prosecution case compiled: ‘The manner in which article 6(1) and (3)(c) is to be applied during the preliminary . .
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
ECJ (Judgment) Appeal – Public service – Officials – Survivor’s pension – Articles 18 and 27 of Annex VIII to the Staff Regulations – Article 25 of the Charter of Fundamental Rights – Right of the divorced spouse . .
ECJ (Judgment Of The Court Of First Instance) Community trade mark – Application for a Community figurative mark NUEVA – Article 60 of Regulation (EC) No 207/2009 – Failure to comply with the obligation to pay . .
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Aikens LJ said: ‘The court would not be entitled to strike down the rule unless satisfied that it was incapable of being operated in a proportionate way and so was inherently unjustified in all or nearly all cases.’ and ‘If the particular . .
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
Appeals – Actions for annulment – Admissibility – Locus standi – Interest in bringing an action – Objection of lis alibi pendens – State aid – Multisectoral aid scheme – Reductions in social security contributions – Decision 2000/394/EC – . .
(Order) Public service – Officials – Pensions – Article 11, paragraph 2 of Annex VIII thereto – Transfer to the EU pension scheme of pension rights acquired under other schemes – Decision recognition rate subsidy annuities applying the new CEO on . .
Opinion – Customs Union – Distribution of import duties – Representation – Solidarity – Possibility of relying on the delivery of a customs debt granted to a joint debtor . .
Appeal – Article 87 EC – multisectoral aid scheme – reductions in social charges in favor of undertakings established in the territory of Venice and Chioggia – decision declaring the aid incompatible with the common market and ordering the recovery . .
ECJ (Judgment (Extracts)) Common agricultural policy – Direct payments – Additional criteria for ecological focus area with short rotation coppice – Article 45(8) of the Delegated Regulation (EU) No 639/2014 – . .
Appeal – Competition – Agreements, decisions and concerted practices – Decision finding infringement of Article 101 TFEU – Fines – Annulment – Repayment of the principal amount of the fine – Article 266 TFEU – Default interest – Distinction between . .
References for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by . .
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Article 5 (3) – Right to compensation in the event of cancellation or long delay of a flight – Concept . .
Rectification order – Articles 154 and 159a of the Rules of Procedure of the Court of Justice – Conditions – Review of the statement of reasons – Manifest inadmissibility . .
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112 / EC – Article 2 – Article 9 – Notions of’ economic activity ‘and’ taxable person ‘- Transactions aimed at withdrawing from a of receipts having a permanent . .
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European Union trade mark – Invalidity proceedings – European Union word mark medical beauty research – Absolute grounds for refusal – Descriptive nature – Article 7 (1) (c) of Regulation (EC) No 40/94 [now Article 7 (1) (c) of Regulation (EU) . .
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards relating to the conditions which third-country nationals or stateless persons must fulfill in order to be able to benefit from international . .
Trade marks – Directive 89/104/EEC – Article 7(2) – Exhaustion of the rights conferred by the trade mark – Pharmaceutical products – Parallel importation – Repackaging of the trade-marked product . .
Directive 2011/95/EU – Minimum standards for granting refugee status or subsidiary protection status – Person eligible for subsidiary protection – Article 2(f) – Real risk of suffering serious harm – Article 15(c) – Serious and individual threat to . .
Failure by a State to fulfill obligations – Directive 2013/59 / Euratom – Basic standards relating to health protection against the dangers resulting from exposure to ionizing radiation – Article 106 – Failure to transpose within the prescribed . .