ECJ Appeal – Community designs – Scope of the review of the legality of OHIM decisions relating to designs – The degree of freedom of the designer – Concept of ‘informed user’. Judges: Advocate General Mengozzi Citations: C-281/10, [2011] EUECJ C-281/10 Links: Bailii Jurisdiction: European Cited by: Opinion – Pepsico v Grupo Promer Mon Graphic … Continue reading Pepsico v Grupo Promer Mon Graphic: ECJ 12 May 2011
ECJ Trade marks – Directive 89/104/EEC – Article 7, paragraph 2 – Repackaging of a pharmaceutical product subject to parallel imports – Relevant criteria for assessing breaches a trademark right. Citations: C-400/09, [2011] EUECJ C-400/09, [2011] EUECJ C-400/09 Links: Bailii, Bailii Statutes: Directive 89/104/EEC Jurisdiction: European Intellectual Property Updated: 12 September 2022; Ref: scu.439761
ECFI Community trade mark – Opposition proceedings – Application for Community word mark FLACO – Earlier national word mark FLACO – Relative ground for refusal – Identical goods – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 – Request for proof of genuine use of the earlier mark submitted for the first time before … Continue reading Flaco-Gerate v OHMI – Delgado Sanchez (Flaco) (Intellectual Property): ECFI 11 May 2011
ECJ Public service – Officials – Social security – Insurance against accidents and occupational disease – Article 73 of the Statute – Refusal of recognition of occupational illness – Obligation to conduct the proceedings in a reasonable time. Citations: 53/09, [2011] EUECJ 53/09 Links: Bailii European Updated: 12 September 2022; Ref: scu.439757
ECFI Community trade mark – Opposition proceedings – Application for Community figurative G – Marks National and Community figurative marks G – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207/2009. Citations: T-187/10, [2011] EUECJ T-187/10 Links: Bailii Jurisdiction: European Intellectual Property Updated: 12 September … Continue reading Emram v OHMI – Guccio Gucci (G) (Intellectual Property): ECFI 10 May 2011
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
CJEU Customs Union – Rice paper from Vietnam – Remission of import duties – Fairness clause – Article 239 of Regulation (EEC) No 2913/92 – Error on the part of the customs authorities – Concept of manifest negligence – Principle d treatment – Principle of good administration – Principle of proportionality Citations: [2006] EUECJ T-382/04 … Continue reading Heuschen and Schrouff Oriental Foods v Commission: ECJ 30 Nov 2006
The coroner was to hold an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The Secretary of State issued a public interest immunity certificate in respect of several documents sought for the inquest, which, in part, the Coroner rejected. The court considered the possibility that a Properly Interested Person should be allowed … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London: Admn 27 Jun 2013
Statement of Facts and questions to the parties Citations: 48420/10, [2011] ECHR 738 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At CA – Eweida v British Airways Plc CA 12-Feb-2010 The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and … Continue reading Eweida And Chaplin v The United Kingdom: ECHR 12 Apr 2011
ECJ Directive 89/104/EEC – Trade mark – Right of the proprietor of a registered trade mark to oppose the illegal use of its mark – Use of a sign – Definition – Filling cans on behalf of third – Export Products – Likelihood of confusion – Target to take into consideration. Citations: C-119/10, [2011] EUECJ … Continue reading Frisdranken Industrie Winters v Red Bull Gmbh: ECJ 14 Apr 2011
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had held that by a rule of substantive law the … Continue reading Markovic and Others v Italy: ECHR 14 Dec 2006
ECFI Community trade mark – Application for Community word mark carcheck – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1, sub c) of Regulation (EC) No 207/2009. Citations: T-14/10, [2011] EUECJ T-14/10 Links: Bailii Statutes: Regulation (EC) No 207/2009 European, Intellectual Property Updated: 04 September 2022; Ref: scu.431339
ECJ Opinin – Preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – Article 3, paragraph 1 of Regulation No. 1346/2000 – Centre of main interests of the debtor – Presumption in favor of the place the registered office – Transfer of registered office in another Member State – Article 3, … Continue reading Interedil: ECJ 10 Mar 2011
Reference for a preliminary ruling – Directives 89/665/EEC and 92/13/EEC – Public procurement – Review procedures – National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective … Continue reading Star Storage (Judgment): ECJ 15 Sep 2016
ECJ Freedom of movement for workers – Social security – Regulation No 1408/71 – Convention on Social Security concluded between Member States before their accession to the European Union – Provision of Old Age – Member State competent to assess the contribution periods completed – Double take into account a period of assessment – Article … Continue reading Landtova (Social Security For Migrant Workers): ECJ 3 Mar 2011
ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the granting of international protection – No appeal against the decision to submit the request for an expedited procedure – … Continue reading Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011
ECJ (Free Movement Of Persons) Failure of a Member State to fulfil obligations – Articles 12 EC, 18 EC, 39 EC and 43 EC – Articles 4, 28 and 31 of the Agreement on the European Economic Area – Tax legislation – Conditions for exemption from transfer tax on the first purchase of immoveable property … Continue reading Commission v Greece C-155/09: ECJ 20 Jan 2011
ECJ Citizenship of the Union – Principle of non-discrimination on grounds of nationality – Freedom of movement and residence – Articles 12 EC and 18 EC – Principle of equal treatment between persons irrespective of racial or ethnic origin Ethnic – Directive 2000/43 – Legislation of a Member State imposing the transcript of the first … Continue reading Runevic-Vardyn And Wardyn: ECJ 16 Dec 2010
ECFI Community trade mark – Application for three-dimensional CTM – Shape of a chocolate bunny – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40/94 [now Article 7, paragraph 1 b) of Regulation (EC) No 207/2009] – Lack of distinctiveness acquired through use – … Continue reading Chocoladefabriken Lindt and Sprungli v OHIM (Forme D’Un Lapin En Chocolat): ECFI 17 Dec 2010
Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European Convention on Human Rights by members of the British Armed Forces. Held: Judicial review was … Continue reading Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010
ECJ (Free Movement Of Persons) Failure of a Member State to fulfil obligations – Infringement of Articles 18 EC, 39 EC and 43 EC and Articles 28 and 31 of the EEA Agreement – Tax on transfers of property for consideration – Residential property – Tax legislation of a Member State granting the purchaser of … Continue reading Commission v Hungary C-253/09: ECJ 9 Dec 2010
Application for judicial review against the decision of the Defendant to refuse to treat a series of submissions by the Claimant that he should not be removed from the UK because such removal would infringe his Article 8 ECHR rights as a fresh claim under paragraph 353 Immigration Rules HC395. Judges: Bidder QC J Citations: … Continue reading Wray, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Dec 2010
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 39439/20, [2022] ECHR 597 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 August 2022; Ref: scu.679704
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 39280/19, [2022] ECHR 595 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 August 2022; Ref: scu.679711
A mother was complaining that the Dutch courts had ordered the return of her daughter and had rejected her case under article 13b. Citations: 7239/08, [2010] ECHR 1947 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011 Two children were born in Norway to … Continue reading Miranda Van Den Berg And Noa Sarri v The Netherlands: ECHR 2 Nov 2010
The court was asked ‘whether an EU citizen who is no longer a self-employed person retains the status of worker or self-employed person in the circumstances described in sub-paragraphs (b) and (c) of article 7(3) [of Directive 2004/38] by virtue of his previous employment as a self-employed person.’ Judges: Sedley, Moore-Bick, Elias LLJ Citations: [2010] … Continue reading Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 8 Dec 2010
ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark ZIECON – Earlier Community word mark CERCON – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009 – Examination of the facts – Article 76 of Regulation No … Continue reading Jyoti Ceramic Industries v OHMI – Degudent (Ziecon): ECFI 1 Jul 2014
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010
The Secretary of State appealed against an order requiring him to recognise the respondent as a refugee and to grant permissions accordingly. His ddecision to order her return had been contrary to a finding of the Asylum and Immigration Tribunal. Held: The appeal succeeded. Stanley Burnton LJ said that he would hold: ‘that article 32 … Continue reading Secretary of State for The Home Department v ST (Eritrea): CA 9 Jun 2010
ECJ Common foreign and security policy Restrictive measures against Myanmar Freezing of funds Action for annulment Joint legal basis of Articles 60 EC and 301 EC Obligation to state the reasons on which a decision is based Rights of the defence Right to effective judicial review Right to respect for property Proportionality. Citations: T-181/08, [2010] … Continue reading Tay Za v Council: ECFI 19 May 2010
ECJ (External Relations) Agreement establishing the World Trade Organisation – TRIPs Agreement – Article 177 of the EC Treaty (now Article 234 EC) – Jurisdiction of the Court of Justice – Article 50 of the TRIPs Agreement – Provisional measures – Interpretation – Direct effect. Citations: C-392/98, [2000] EUECJ C-392/98 Links: Bailii Jurisdiction: European Cited … Continue reading Parfums Christian Dior v Tuk Consultancy BV: ECJ 14 Dec 2000
ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark ROD – Earlier national figurative marks RODI — Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Earlier opposition proceedings – Rule 39(3) of Regulation (EC) No 2868/95 Citations: T-75/15, [2016] … Continue reading Rod Leichtmetallrader v OHMI – Rodi Tr (Rod): ECFI 21 Jan 2016
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility – Regulation (EC) No 2201/2003 – Lis pendens – Articles 16 and 19(1) and (3) – Judicial separation proceedings in a first Member State and divorce proceedings in a … Continue reading A (Judgment): ECJ 6 Oct 2015
ECJ (Taxation) – Sixth VAT Directive Article 17(2) and (3) Article 28b(A)(2) Right to deduction Transitional arrangements for the taxation of trade between Member States Place of the intra-Community acquisitions of goods. Citations: C-539/08, [2010] EUECJ C-539/08, C-536/08 Links: Bailii Jurisdiction: European VAT Updated: 17 August 2022; Ref: scu.408766
ECJ Competition policy – Interpretation of Articles 2, 5, 15, paragraph 3 and 35, paragraph 1 of Regulation (EC) No 1/2003 – National procedure – Submission by national competition authorities of written observations and means in fact and law in the context of an appeal proceedings against their decision – Plurality of authorities in a … Continue reading Vlaamse federatie van verenigingen van Brood- en Banketbakkers, Ijsbereiders en Chocoladebewerkers VZW (VEBIC) v Raad voor de Mededinging, Minister van Economie (Competition): ECJ 25 Mar 2010
ECJ Pension paid by a compulsory occupational pension – Refusal survival due to the absence of marriage to same-sex partners Directive 2000/78 / EC Scope Exclusion of social security benefits Concept of pay – Discrimination based on sexual orientation‘The combined provisions of articles 1 and 2 of Directive 2000/78 preclude legislation such as that at … Continue reading Maruko v Versorgungsanstalt der deutschen Buhnen: ECJ 6 Sep 2007
ECJ The Court of Justice is in principle bound to give a preliminary ruling if the questions raised by the national court or tribunal, which is best placed to appreciate, in the light of the circumstances of the case, the necessity of obtaining a preliminary ruling, have to do with the interpretation of a provision … Continue reading Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by … Continue reading Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986
The claimant said he had not been given appropriate access to a lawyer when in police custody. Held: The use of statements obtained at the stage of the police inquiry and the judicial investigation is not inconsistent with article 6(1), provided that the rights of the defence are respected. Citations: 28439/03, [2010] ECHR 368 Links: … Continue reading Hakan Duman v Turkey: ECHR 23 Mar 2010
ECJ Failure of a Member State to fulfil obligations – Environment Directive 2006/12/EC Articles 4 and 5 – Waste management Management plan Integrated and adequate network of disposal installations – Danger for human health or the environment Force majeure Civil disturbances – Organised crime Judges: Bonichot, P Citations: C-297/08, [2010] EUECJ C-297/08 Links: Bailii Statutes: … Continue reading Commission v Italy (Environment And Consumers): ECJ 4 Mar 2010
ECJ Community Customs Code – Article 24 – Non-preferential origin of goods – Origin-conferring processing or working – Silicon blocks originating in China – Separation, crushing and purification of the blocks and the sieving, sorting by size and packaging of the grains in India – Dumping – Validity of Regulation (EC) No 398/2004. Citations: C-373/08, … Continue reading Hoesch Metals And Alloys v Hauptzollamt Aachen: ECJ 11 Feb 2010
(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010
The claimants asked the court to exercise jurisdiction over a yacht purchased by the defendant company incorporated and domiciled in France with money from the insolvent company. Held: The court did not have jurisdiction. Article 2 of the regulation applied so as to require the matter to go before the courts in France. The exception … Continue reading Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 39571/16, [2022] ECHR 562 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.679022
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant. Held: The actual threat to the arrangements for disclosure of secret materials between the … Continue reading Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 10 Feb 2010
ECJ (Opinion) Judicial cooperation in civil Jurisdiction, recognition and enforcement of judgments – Regulation (EC) No 44/2001 Scope Conventions Member States in specific matters CMR Lis another court Judges: Kokkott AG Citations: C-533/08, [2010] EUECJ C-533/08 Links: Bailii Statutes: Regulation (EC) No 44/2001 Jurisdiction: European Cited by: Opinion – TNT Express Nederland v AXA Versicherung … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 28 Jan 2010
ECJ Opinion – Gaming Sports betting – Unjustified restriction of the freedom to provide services – Conflict between a rule of domestic law and a directly applicable – Community provision – Task of the national court – Obligation to ensure the application of Community law by refusing to apply the rule of domestic law – … Continue reading Winner Wetten GmbH v Burgermeisterin der Stadt Bergheim: ECJ 26 Jan 2010
ECJ Sixth VAT Directive – Article 13A(1)(j) – Exemption – Tuition given privately by teachers and covering school or university education – Services provided by an independent teacher in the context of continuing professional training courses organised by a separate entity. Judges: Cunha Rodrigues P Citations: C-473/08, [2010] EUECJ C-473/08 Links: Bailii European, VAT Updated: … Continue reading Ingenieurburo Eulitz GbR Thomas und Marion Eulitz v Finanzamt Dresden I: ECJ 28 Jan 2010
Europa VAT Article 11(4) of the Second Directive Article 6(2) and Article 17(2) and (6) of the Sixth Directive Right to deduct input tax Exclusions by national rules prior to the Sixth Directive Amendment of the rules after the entry into force of the Sixth Directive Use of goods and services for the private purposes … Continue reading X Holding BV v Staatssecretaris van Financien etc: ECJ 28 Jan 2010
ECJ (Transport) Air transport – Liability of carriers in respect of baggage – Limit in case of destruction, loss, damage or delay of baggage – Material and non-material damage. Citations: C-63/09, [2010] EUECJ C-63/09 – O Links: Bailii Jurisdiction: European Cited by: Opinion – Axel Walz v Clickair SA ECJ 6-May-2010 ECJ Judgment – Air … Continue reading Axel Walz v Clickair SA: ECJ 26 Jan 2010
ECJ (Customs Union) Community Customs Code – Customs debt – Amount of duty – Articles 217 and 221 – Communities’ own resources – Regulation (EC, Euratom) No 1150/2000 – Article 6 – Requirement of entry in the accounts of the amount of duty before it is communicated to the debtor – Definition of ‘legally owed. … Continue reading Belgische Staat v Direct Parcel Distribution Belgium NV: ECJ 28 Jan 2010
ECJ Common agricultural policy Common organisation of the markets in the sugar sector Regulation (EC) No 318/2006 Article 16 Production charge Article 19 Withdrawal of sugar from the market Regulation (EC) No 290/2007 Regionally differentiated determination of the withdrawal percentage Principle of proportionality Principle of non-discrimination. Citations: C-365/08, [2010] EUECJ C-365/08 – O, [2010] EUECJ … Continue reading Agrana Zucker Gmbh v Bundesminister fur Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft: ECJ 21 Jan 2010
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 69591/17, [2022] ECHR 564 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.679039
A Russian woman, aged 20, had gone to work as an artiste in a cabaret in Cyprus. Three weeks later she was found dead in a street. Held: The Court upheld her father’s complaint that Cyprus was in breach of article 4 in that its regime for the issue of visas for cabaret artistes had … Continue reading Rantsev v Cyprus And Russia: ECHR 7 Jan 2010
The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant and his friend were intoxicated, so they moved them from the position where they had been found and left … Continue reading Denis Vasilyev v Russia: ECHR 17 Dec 2009
ECJ Freedom of movement for workers – Article 39 EC – Refusal of access to serve as a legal trainee – Candidate who obtained his law diploma in another Member State – Criteria for assessment of the equivalence of knowledge acquired. Citations: C-345/08, [2009] EUECJ C-345/08 Links: Bailii European, Legal Professions Updated: 11 August 2022; … Continue reading Pesla v Justizministerium Mecklenburg-Vorpommern: ECJ 10 Dec 2009
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
Article 8 requires that an appeal against a deportation order by reference to it should be effective. The court (a) cited at para 65 the decision of the ECtHR in W v United Kingdom (1988) 10 EHRR 29, para 64, to the effect that article 8 required that parents who had sought contact with a … Continue reading Gudanaviciene and Others, Regina (on The Application of) v The Director of Legal Aid Casework and Others: CA 15 Dec 2014
The claimant challenged the lawfulness of the policy and practice applied by the Secretary of State for the Home Department in the operation of the Detained Fast Track, DFT. This is the policy for the detention of some asylum seekers, while their asylum claims are determined first by the SSHD, and then while they appeal … Continue reading Detention Action v Secretary of State for The Home Department: Admn 9 Jul 2014
Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – 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 … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014
Press Release Citations: [2009] ECHR 1272 Links: Bailii Jurisdiction: Human Rights Citing: See Also – Carson and Others v The United Kingdom ECHR 4-Nov-2008 (Grand Chamber) Pensioners who had moved abroad complained that they had been excluded from the index-linked uprating of pensions given to pensioners living in England. Held: This was not an infringement … Continue reading Carson and Others v United Kingdom: ECHR 2 Sep 2009
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 48981/17, [2022] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678939
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 6-1; Not necessary to examine Art. 13; Not necessary to examine P7-5; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedingsIn private law cases, just as much as in public law cases, Article 8 includes ‘a right … Continue reading Hokkanen v Finland: ECHR 23 Sep 1994
ECJ Article 104, paragraph 3, first paragraph, of the Rules of Procedure -‘ Directive 91/439/EEC – ‘Mutual recognition of driving licenses -‘ Removing the license in one Member State accompanied by a temporary ban on obtaining a new license – ‘a license issued in another Member State after the end of the temporary ban -‘ … Continue reading Halbritter v Freistaat Bayern: ECJ 6 Apr 2006
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act. Held: It was for the government not the courts to decide policy issues on expenditure, and to set appropriate budgets. The Minister had been free to take into account … Continue reading Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 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. Judges: Nicolas Bratza, P Citations: 39842/05, [2009] ECHR 1065 Links: Bailii Statutes: European Convention on Human Rights 5-3 Cited by: Judgment – Dyller v Poland ECHR 15-Feb-2011 Request for revision of the judgment of … Continue reading Dyller v Poland: ECHR 7 Jul 2009
ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 39650/18, [2022] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.678984
The Commission sought a declaration that, by restricting the duty of employers to care for the health and safety of their employees ‘so far as reasonably practicable’, the United Kingdom had failed to fulfil its obligations under article 5(1) and (4) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to … Continue reading Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007
A lawyer complained that a search of his offices was an interference with his private life. Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his own personal life as he chooses and to exclude therefrom entirely the … Continue reading Niemietz v Germany: ECHR 16 Dec 1992
Grand Chamber – Freedom of movement for persons – Student who is a national of one Member State and goes to another Member State to follow a training course – Student maintenance grant Citizenship of the Union Article 12 EC Legal certaintyThe imposition under Dutch law of a requirement of five years’ prior residence in … Continue reading Forster v Hoofddirectie van de Informatie Beheer Groep: ECJ 18 Nov 2008
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017
The claimants challenged refusal of financial support for their studies, being immigrants with discretionary leave to remain. Held: It was submitted ‘ that the provision of a loan to pay fees is one removed from the imposition of fees itself, and so should be taken as too remote to fall within the scope of A2P1 … Continue reading Kebede and Another v Secretary of State for Business Innovation and Skills: Admn 31 Jul 2013
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22/EC – Article 28 – Non-geographic numbers – Access by end-users residing in the Member State for operators to services using non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers and responsibilities of the national regulatory … Continue reading Polkomtel sp. z o.o. v Prezes Urzedu Komunikacji Elektronicznej: ECJ 14 Apr 2016
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate. Held: There had been a violation of art 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with art 6(1), because … Continue reading Salduz v Turkey: ECHR 27 Nov 2008
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 39028/17, [2022] ECHR 535 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.678935
ECJ Opinion – Directive 85/577 – Consumer Protection in the case of contracts concluded away from business premises – Termination – Failure to inform the consumer of his right to terminate the contract of consumer protection measures in the absence of provision of information nullity relative and absolute nullity of the contract – Recognition ex … Continue reading Eva Martin Martin v EDP Editores, SL: ECJ 7 May 2009
ECJ Action for annulment – Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici Member of the European Parliament Verification of the credentials of a Member of the Parliament Appointment of a member resulting from the withdrawal of candidates Articles 6 and 12 of the 1976 … Continue reading Italy v Parliament C-393/07 (Law Governing The Institutions): ECJ 30 Apr 2009
One of the functions of article 6(2) is to protect an acquitted person’s reputation from statements or acts that follow an acquittal which would seem to undermine it. Citations: 39627/05, [2008] ECHR 1088, 39631/05 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Adams, Regina (on The Application of) … Continue reading Taliadorou And Stylianou v Cyprus: ECHR 16 Oct 2008
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
ECJ Opinion – Failure of Member State to fulfil obligations Infringement of Articles 12 EC, 18 EC and 39 EC, and of Article 7 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community National legislation concerning pecuniary incentives for savings-pensions. Judges: Mazak AG Citations: C-269/07, … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 31 Mar 2009
ECJ (Opinion) European citizenship Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-23/08, [2009] EUECJ C-23/08 – O Links: Bailii Statutes: Directive 2004/38/EC Jurisdiction: … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 12 Mar 2009
ECJ (Opinion) European citizenship – Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-22/08, [2009] EUECJ C-22/08 – O Links: Bailii Statutes: Directive 2004/38/EC … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 12 Mar 2009
The claimant sought judicial review of the decision to return her to Eritea despite a decision of the Asylum and Immigration Tribunal that she should be given leave to remain as a refugee. Held: The application succeeded, and ordered the Secretary of State to recognise her as a refugee and grant her leave to remain, … Continue reading Tesfamichael v Secretary of State for the Home Department: Admn 19 Dec 2008
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
CJEU (Law Relating To Undertakings) Public service contracts Community tendering procedure Obvious material error Award to the most economically advantageous tender Offer abnormally low Article 139 (1) of Regulation (EC, Euratom) No 2342/2002 Exception of illegality Terms of Reference Admissibility Citations: T-495/04, [2008] EUECJ T-495/04 Links: Bailii Jurisdiction: European Commercial Updated: 21 July 2022; Ref: … Continue reading Belfass SPRL v Council: ECFI 21 May 2008
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
The court was asked: ‘How is the reference in rule 398 to ‘exceptional circumstances’ to be understood, compatibly with Convention rights?’ Held: The Court of Appeal accepted the submission made on behalf of the Secretary of State that the reference to exceptional circumstances (an expression which had been derived from the Jeunesse line of case … Continue reading MF (Nigeria) v Secretary of State for The Home Department: CA 8 Oct 2013
ECFI Customs Union – Importation of compact fluorescent lamps with electronic ballast system (CFL-i) from Pakistan – Post-clearance recovery of import duties – Application for remission of import duties – Article 220, paragraph 2, sub b) and Article 239 of Regulation (EEC) No 2913/92. Citations: T-191/09, [2010] EUECJ T-191/09 Links: Bailii Jurisdiction: European Customs and … Continue reading Hit Trading and Berkman Forwarding v Commission (Customs Union): ECFI 16 Dec 2010
Europa Regulation (EC) No 800/1999 Export refunds on agricultural products Article 16 Differentiated refund Proof that customs formalities for importation have been completed Production of a copy or photocopy of the transport documents Regulation (EC) No 1501/95 Granting of export refunds on cereals Article 13 Derogation from Article 16 of Regulation No 800/1999. Citations: C-391/07, … Continue reading Glencore Grain Rotterdam: ECJ 4 Dec 2008
Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
WLRD When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect … Continue reading MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013
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. Judges: Christos Rozakis, President Citations: 39058/05, [2008] ECHR 1087 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Judgment – Kyriakides v Cyprus ECHR 2-Dec-2011 … Continue reading Kyriakides v Cyprus: ECHR 16 Oct 2008
Europa Council Directive 2000/78/EC Article 6(1) Age discrimination – Compulsory retirement National legislation permitting employers to dismiss employees aged 65 and over if the reason of dismissal is retirement Justification. Citations: C-388/07, [2008] EUECJ C-388/07 – O Links: Bailii Statutes: Council Directive 2000/78/EC, Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Citing: At First … Continue reading Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 23 Sep 2008
ECJ Opinion – Social security for migrant workers benefits in case of dependency benefits in kind Article 19, paragraph 1 of Regulation No 1408/71 Citizenship of the Union Judges: Mengozzi AG Citations: C-208/07, [2008] EUECJ C-208/07 – O Links: Bailii Cited by: See Also – Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse ECJ 16-Jul-2009 ECJ Social security … Continue reading Von Chamier-Glisczinski v Deutsche Angestellten-Krankenkasse: ECJ 11 Sep 2008
The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody. Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules would have infringed the human rights of the children to whom such restraint was to … Continue reading C, Regina (on the Application of) v Secretary of State for Justice: CA 28 Jul 2008
The applicant had been convicted of public defamation towards the Christian community on the basis of an article suggesting that Catholicism contained the seeds of the Holocaust. Held: While the article may have shocked and offended, it was a genuine contribution to an historical debate. It was not ‘gratuitously offensive’. The conviction was a breach … Continue reading Giniewski v France: ECHR 31 Jan 2006