The case concerned ‘a functioning family unit where the parents and children are living together’. The court considered wehether a deportation would infringe the human rights of te applicant: ‘The Court has previously held that domestic measures which prevent family members from living together constitute an interference with the right protected by article 8 of … Continue reading Sezen v The Netherlands: ECHR 31 Jan 2006
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006
(Commission) A pacifist objected to civilian substitute service on the ground that it tended to uphold respect for military service. Held: The complaint was inadmissible. Referring to article 4(3)(b): ‘The Convention does not prevent a state from taking measures to enforce performance of civilian service, or from imposing sanctions on those who refuse such service.’ … Continue reading Johansen v Norway: ECHR 14 Oct 1985
The entrenched rights of a litigant would be illusory if a judicial decision by an independent body which had become final and binding could thereafter be quashed by a higher court on the application of a state official. A departure from that principle is justified only when made necessary by circumstances of a substantial and … Continue reading Ryabykh v Russia: ECHR 24 Jul 2003
(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the other in the company of an undercover officer in possession of forged currency. Each was later … Continue reading Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998
ECJ Article 39 EC – Concept of ‘worker’ – Non-governmental organisation operating in the public interest – Doctoral grant – Employment contract – Conditions. Citations: C-94/07, [2008] EUECJ C-94/07 Links: Bailii European Updated: 18 July 2022; Ref: scu.271131
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Third Section Committee Citations: 21402/16, [2022] ECHR 439 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 July 2022; Ref: scu.678525
ECJ Judgment – Failure to fulfill obligations – Directive 2006/112 / EC – VAT – Reduced rate – Articles for the protection against fire Citations: C-639/13, [2014] EUECJ C-639/13 Links: Bailii Statutes: Directive 2006/112/EC Jurisdiction: European European, VAT Updated: 17 July 2022; Ref: scu.540325
ECJ Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States Judges: V Skouris, P Citations: C-370/12, [2012] EUECJ C-370/12, [2012] … Continue reading Pringle v Government of Ireland: ECJ 27 Nov 2012
ECJ State Aid for airlines on account of losses caused by the terrorist attacks of 11 September 2001 – Decision declaring the aid scheme incompatible, in part, with the common market and ordering recovery of aid paid Article 87(2)(b) EC Communication from the Commission of 10 October 2001 on the repercussions of the terrorist attacks … Continue reading Olympiaki Aeroporia Ypiresies v Commission (State Aid): ECFI 25 Jun 2008
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 24139/20, [2022] ECHR 459 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 July 2022; Ref: scu.678515
UNLAWFUL DEDUCTION FROM WAGES CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term CONTRACT OF EMPLOYMENT – Wrongful dismissal In respect of the two grounds of appeal brought by the Appellant employer: Ground 1 Appeal allowed: the Tribunal had erred in its approach to a claim for unauthorised deduction of wages arising from non-payment of a … Continue reading Cortel Telecom Ltd v Shah (Unlawful Deduction From Wages – Wrongful Dismissal): EAT 3 Jul 2019
ECJ (Opinion) Unemployment benefits and disability Union citizenship Scope of Articles 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Conditions for granting of an advance on the disability benefit an unemployed resident in another Member State Judges: Mr. Damaso Ruiz-Jarabo Colomer AG Citations: C-228/07, [2008] EUECJ C-228/07 – O Links: Bailii Cited … Continue reading Petersen v Arbeitsmarktservice Niederosterreich: ECJ 15 May 2008
ECJ Community trade mark Opposition proceedings Application for the Community figurative trade mark CITI Earlier Community word mark CITIBANK Relative ground for refusal Reputation Article 8(5) of Regulation (EC) No 40/94). Citations: T-181/05, [2008] EUECJ T-181/05 Links: Bailii Statutes: Regulation (EC) No 40/94) 8(5) European, Intellectual Property Updated: 14 July 2022; Ref: scu.266939
ECHR Judgment : No Article 3 – Prohibition of torture : First Section Citations: 7144/15, [2019] ECHR 478 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.638839
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 37444/17, [2019] ECHR 439 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.638913
Detention for a few hours following arrest for wilful obstruction of the highway and then a fine was proportionate: ‘An analysis of the Court’s case-law . . reveals that the Contracting States’ discretion in punishing illegal conduct intertwined with expression or association, although wide, is not unlimited. It goes hand in hand with European supervision … Continue reading Lucas v The United Kingdom: ECHR 18 Mar 2003
Where an individual had disappeared in circumstances raising a suspicion that he may have been killed, article 2 imposes a continuing duty to investigate the death. In this case the duty was said to have persisted for 34 years since the disappearance of a number of Greek Cypriots at the time of the Turkish invasion … Continue reading Varnava And Others v Turkey: ECHR 10 Jan 2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability of Article 5(1) of Directive 89/104/EEC – Conditions on which comparative advertising is permitted Whether reference to the competitor’s trade mark indispensable Citations: C-533/06, [2008] … Continue reading O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited: ECJ 31 Jan 2008
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 13916/12, [2019] ECHR 410 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 July 2022; Ref: scu.638896
(Grand Chamber) The claimant had been refused entry onto an airplane on the basis that he had in his cabin baggage a prohibited article, namely a tennis racquet. He said that the regulation was not binding because the annex on which the racquet was listed was not published. Held: A regulation could not take effect … Continue reading Gottfried Heinrich: ECJ 10 Mar 2009
Citations: 33986/96, [2000] ECHR 384, 33985/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999 The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. … Continue reading Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000
ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 78392/14, [2019] ECHR 422 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.638852
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 28739/09, [2018] ECHR 852 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.628871
(Grand Chamber) The appellant was found after her arrival in this country from Uganda to have an AIDS-defining illness for which she was still receiving treatment. She claimed that the treatment would not be available in Uganda and she would die within a matter of months if returned, but she could expect to live for … Continue reading N v The United Kingdom: ECHR 27 May 2008
ECJ Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non contributory benefits Netherlands benefit for disabled young people Non-exportability. Citations: C-287/05, [2007] EUECJ C-287/05 Links: Bailii Jurisdiction: European European Updated: 11 … Continue reading Hendrix (Social Policy): ECJ 11 Sep 2007
The claimant complained that the state did not give proper recognition of his relationship with his deceased same sex partner. Held: The court noted the growing tendency in a number of European states towards the legal and judicial recognition of stable de facto partnerships between homosexuals. The court considered that, despite this, there was still … Continue reading Mata Estevez v Spain: ECHR 10 May 2001
The applicant alleged a continuing violation of Articles 8 of the Convention and 1 of Protocol No. 1, taken alone and in conjunction with Article 14. In particular, she maintained that the Turkish military forces prevent her from having access to, from using and enjoying her home and property in the area of Famagusta, in … Continue reading Xenides-Arestis v Turkey: ECHR 22 Dec 2005
ECJ (Freedom Of Establishment) Failure of a Member State to fulfil obligations Freedom of movement for persons Freedom of movement for workers Freedom to provide services Freedom of establishment Free movement of capital Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area Directive 2002/83/EC Tax legislation providing for less favourable … Continue reading Commission v Belgium C-522/04: ECJ 5 Jul 2007
ECJ Sixth VAT Directive Taxable transactions Definition of ‘economic activity’ Article 4(2) Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services. Citations: Times 03-Jul-2007, C-369/04, [2007] EUECJ C-369/04, [2006] EUECJ C-369/04 Links: Bailii, Bailii European, VAT Updated: 11 July 2022; Ref: scu.254397
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
ECHR Judgment : Article 5 – Right to liberty and security : Fourth Section Citations: 70139/14, [2022] ECHR 426 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 July 2022; Ref: scu.678499
A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court’s reasoning why Article 6 does not apply to procedures for the expulsion of aliens was: ‘the decision whether or not to authorise an … Continue reading Maaouia v France: ECHR 5 Oct 2000
Grand Chamber – there has been a shift in ECHR case law towards applying the civil aspect of article 6(1) to cases which ‘might not initially appear to concern a civil right’ but which may have ‘direct and significant repercussions on a private right’. Judges: Sajo P Citations: 43395/09 (Judgment (Merits and Just Satisfaction) : … Continue reading De Tommaso v Italy: ECHR 23 Feb 2017
ECJ (Freedom Of Establishment) Tax legislation – Income tax – Article 48 EEC (subsequently Article 48 EC, now, after amendment, Article 39 EC) – National rules restricting recognition of rental income losses from immovable property situated in another Member State. Citations: C-152/03, [2005] EUECJ C-152/03 Links: Bailii Jurisdiction: European Income Tax Updated: 10 July 2022; … Continue reading Ritter-Coulais, Monique Ritter-Coulais v Finanzamt Germersheim: ECJ 21 Feb 2006
ECJ Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction in proceedings concerning contracts concluded by consumers – Concept of ‘consumer’ – Plaintiff acting in pursuance of his trade or professional activity, as the assignee of the rights of a private individual – Excluded (Convention of 27 September 1968, Art. 13, first para., and … Continue reading Shearson Lehman Hutton v Fur Vermogenswaltung and Betechigungen (TVB) mbH: ECJ 19 Jan 1993
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 26739/16, [2018] ECHR 862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 July 2022; Ref: scu.628811
ECJ ETUC-UNICE-CEEP framework agreement Fixed-term work Working conditions Length’of’service allowance Not received due to agreements between staff union and administration Adequate objective grounds.Workers in the Basque health service were initially classified as ‘temporary regulated staff’ but were then regraded as permanent, but were refused length-of-service allowances in respect of their service in the temporary grade … Continue reading Yolanda Del Cerro Alonso v Osakidetza (Servicio Vasco de Salud): ECJ 10 Jan 2007
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
ECHR Judgment : Article 3 – Prohibition of torture : Third Section ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 1223/12, [2022] ECHR 387, [2022] ECHR 394 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 July 2022; Ref: scu.678138
The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act would prevent people enjoying their private lives. It was also … Continue reading Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs: CA 23 Jun 2006
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section Citations: 45014/16, [2022] ECHR 389, [2022] ECHR 396 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 July 2022; Ref: scu.678140
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe applicant had been acquitted of the criminal charge against him at first instance. This decision was reversed on appeal by the Supreme Court after an oral hearing at which it … Continue reading Sigurthor Arnarsson v Iceland: ECHR 15 Jul 2003
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Citations: 26564/16, [2019] ECHR 391 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637666
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 5489/16, [2019] ECHR 339 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637697
ECHR Judgment : Article 10 – Freedom of expression – (general) : Second Section Committee Citations: 69448/10, [2019] ECHR 393 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637672
ECHR Judgment : Article 10 – Freedom of expression – (general) : Second Section Committee Citations: 33513/11, [2019] ECHR 394 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637671
ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006
Ms Richards, previously a married male, had undergone gender re-assignment surgery. She remained married thereafter. Ms Richards applied to the DWP for a pension from the age of 60. That was refused by the Secretary of State for the Department of Work and Pensions (‘SSWP’), so Ms Richards appealed to a Social Security Commissioner. In … Continue reading Richards v Secretary of State for Work and Pensions (Social Policy): ECJ 27 Apr 2006
EAT Equal Pay Act – Article 141 Judges: His Honour Judge Mcmullen QC Citations: UKEAT/0039/05, [2005] UKEAT 0039 – 05 – 3003, UKEAT/0040/05 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Securicor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003 EAT The company decided to close two branches and make redundancies. … Continue reading Thacker, and Larthwell v Secretary of State for Education and Skills, Cambridge Regional College: EAT 30 Mar 2005
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Frenvh Text Citations: 17506/11, [2019] ECHR 395 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637684
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 73487/12, [2019] ECHR 390 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637713
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 35722/15, [2019] ECHR 396 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637709
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 27773/05, [2019] ECHR 392 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.637667
ECHR Judgment : Violation de l’article 5 – Droit de la liberte et de la arrete : Second Section Citations: 70098/12, [2022] ECHR 397 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 July 2022; Ref: scu.678306
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
ECJ Failure of a Member State to fulfil obligations – Directive 85/374/EEC – Product liability – Judgment of the Court finding a failure to fulfil obligations – Failure to take measures to comply – Article 228 EC – Financial penalties – Partial compliance with the judgment during the proceedings. Citations: [2006] EUECJ C-177/04 Links: Bailii … Continue reading Commission v French Republic: ECJ 14 Mar 2006
The courts of Bulgaria had decided that, on a winding-up petition, the question of the company’s insolvency was determined by a decision of the Central Bank of Bulgaria to revoke the company’s banking licence because it was insolvent. It had been held by the Bulgarian Supreme Court that the Central Bank’s decision to that effect … Continue reading Capital Bank Ad v Bulgaria: ECHR 24 Nov 2005
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession. Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and … Continue reading Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006
The former husband appealed an order for his committal to prison on a judgment summons in default of clearing arrears of maintenance payments. He said that the proceedings were criminal in nature and offended his rights to a fair trial under the Convention, in that evidence had been taken at less than criminal standards. Held: … Continue reading Rundell v Rundell: CA 14 Dec 2005
ECJ (Judgment) Reference for a preliminary ruling – Article 3(1)(b) and (c) of Directive 89/104/EEC – Grounds for refusal to register – Articles 28 EC and 30 EC – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Justification – Protection of industrial and commercial property – National word mark … Continue reading Matratzen Concord v Hukla Germany SA (Free Movement Of Goods): ECJ 9 Mar 2006
ECJ Convention implementing the Schengen Agreement – Articles 54 and 71 – Ne bis in idem principle – Application ratione temporis – Concept of – the same acts – Import and export of narcotic drugs subject to legal proceedings in different Contracting States. Citations: C-436/04, [2005] EUECJ C-436/04 Links: Bailii European Updated: 05 July 2022; … Continue reading Van Esbroeck (Police and Judicial Cooperation In Criminal Matters): ECJ 9 Mar 2006
ECJ Freedom of movement for workers – Social security – Person simultaneously employed in one Member State and self-employed in another Member State – Person subject to the social security legislation of each of those States – Regulation (EEC) No 1408/71 – Article 14cb) and Annex VII – Social security contributions levied on interest paid … Continue reading L.H. Piatkowski v Inspecteur van de Belastingdienst grote ondernemingen Eindhoven (Social Security For Migrant Workers): ECJ 9 Mar 2006
ECJ Article 104(3) of the Rules of Procedure – Trade marks – Directive 89/104/EEC – Articles 10(1) and 12(1) – Revocation of a trade mark – Notion of genuine use of a trade mark.‘use of the mark may in some cases be sufficient to establish genuine use within the meaning of the Directive, even if … Continue reading La Mer Technology Inc v Laboratoires Goemar SA (Order): ECJ 27 Jan 2004
ECHR Judgment : Article 6 – Right to a fair trial : Grand Chamber Citations: 55391/13, [2018] ECHR 912 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.628894
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 16503/14, [2022] ECHR 392, [2022] ECHR 400 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.678143
ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 2008/1 / EC – Integrated Pollution Prevention and Control – Existing Installation – Authorisation procedure – -Stop Pending proceedings of the Court establishing the existence of a failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum – Penalty payment … Continue reading Commission v Sweden: ECJ 4 Dec 2014
ECJ Freedom of movement for workers – Recognition of diplomas – Directive 89/48/EEC – Profession of engineer – Partial, restricted recognition of professional qualifications – Articles 39 EC and 43 EC. Judges: P Jann P Citations: C-330/03, [2006] EUECJ C-330/03, [2006] 2 CMLR 26, [2006] ECR I-801 Links: Bailii Statutes: Directive 89/48/EEC European Updated: 04 … Continue reading Colegio De Ingenieros De Caminos, Canales Y Puertos v Administracion del Estado: ECJ 19 Jan 2006
ECJ Sixth VAT Directive -? Article 13A(1)(b) -? Exemptions -? Activities closely related to hospital and medical care -? Provision of telephone services and hiring out of televisions to in-patients -? Provision of beds and meals to persons accompanying in-patients. Citations: C-394/04, [2005] EUECJ C-394/04 Links: Bailii Jurisdiction: European VAT Updated: 04 July 2022; Ref: … Continue reading Diagnostiko and Therapeftiko Kentro Athinon-Ygeia AE v Ipourgos Ikonomikon C-394/04: ECJ 1 Dec 2005
ECJ Sixth VAT Directive – Article 13A(1)(b) – Exemptions – Activities closely related to hospital and medical care – Provision of telephone services and hiring out of televisions to in-patients – Provision of beds and meals to persons accompanying in-patients. Citations: [2005] EUECJ C-395/04 Links: Bailii Jurisdiction: European VAT Updated: 04 July 2022; Ref: scu.235861
The appellant had entered the UK as a visitor on regular occasions and latterly had used false passport. She was then convicted of supplying Class A drugs, and ordered to be deported. She had children who also were in the UK, and did not wish to be separated from them, and was afraid of violence … Continue reading McPherson v Secretary of State for the Home Department: CA 19 Dec 2001
ECHR Judgment : No Article 6 – Right to a fair trial : Second Section Citations: 39804/06, [2018] ECHR 878 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.628827
ECJ Grand Chamber – Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination.A provision of German labour law excluding protection for short term contracts for those who were over 52 when they … Continue reading Mangold v Helm: ECJ 22 Nov 2005
ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark containing the verbal element -‘NICKY’ – Earlier national figurative marks containing the verbal element – ‘NOKY’ – Rejection of opposition for absence of likelihood of confusion – Annulled by the Board of Appeal – Remittal to the Opposition Division to examine whether … Continue reading Soffass v OHMI-Sodipan (Nicky): ECFI 23 Nov 2005
ECJ A national of one Member State working in another Member State does not lose his status of worker within the meaning of Article 48(1) of the Treaty (now, after amendment, Article 39(1) EC) through occupying a post within an international organisation, even if the rules relating to entry into and residence in the country … Continue reading Ferlini v Centre hospitalier de Luxembourg: ECJ 3 Oct 2000
A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre had not been equipped with the necessary medical facilities, and the doctors had failed to administer … Continue reading Slimani v France: ECHR 27 Jul 2004
ECJ Job-seekers – European citizenship – Principle of non-discrimination – Article 39 EC – Tideover allowances for young people seeking their first employment – Grant conditional on completion of secondary education in the Member State concerned. Citations: C-258/04, [2005] EUECJ C-258/04 Links: Bailii European Updated: 04 July 2022; Ref: scu.230045
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 43387/09, [2022] ECHR 390, [2022] ECHR 398 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Strogov And Kirichenko v Russia: ECHR 24 May 2022
ECJ Customs Union – External Community transit operations – Meat destined for Morocco – Fraud – Application for remission of import duties – Article 239 of Regulation (EEC) No 2913/92 – Article 905 of Regulation (EEC) No 2454/93 – Fairness clause – Special situation – No deception or obvious negligence. Citations: T-26/03, [2005] EUECJ T-26/03 … Continue reading Geologistics v Commission: ECFI 27 Sep 2005
ECJ Remission of import – Article 1, paragraph 3 of Regulation (EC) No 3319/94 – Direct Billing, the importer – group of experts, within the meaning of -Article 907 of Regulation (EEC) No 2454/93 – Rights of the defense – Obvious negligence, within the meaning of Article-239 of Regulation (EEC) No 2913/92 – Obligation to … Continue reading Common Market Fertilizers v Commission: ECFI 27 Sep 2005
ECJ Community trade mark – Opposition proceedings – Likelihood of confusion – Proof of use of earlier mark – Application for Community word mark ALADIN – Earlier national word mark ALADDIN – Articles 8(1)(b) and 43(2) and (3) of Regulation (EC) No 40/94 Citations: [2005] ECR II-2861, [2005] EUECJ T-126/03 Links: Bailii Jurisdiction: European Intellectual … Continue reading Reckitt Benckiser (Espana) v OHMI – Aladin (Aladin): ECFI 14 Jul 2005
ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005
ECHR Judgment (Merits and just satisfaction) – Violation of Art. 6-3-c; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings.A number of the applicant’s meetings with his lawyer were supervised by a police official, and his letters to his lawyer were intercepted and used for … Continue reading S v Switzerland: ECHR 28 Nov 1991
The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 78607/11, [2022] ECHR 391, [2022] ECHR 399 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Preobrazheniye Rossii And Others v Russia: ECHR 24 May 2022
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 30365/15, [2018] ECHR 839 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628788
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 33946/15, [2018] ECHR 850 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628872
Appeal against conviction for having bladed article, being a blunt butter knife without a point. Held: The appeal failed. The section made an unqualified reference to a ‘bladed article’. Davies did not establish that only sharp objects were caught. Judges: Laws LJ, Steel J Citations: [2005] EWHC 1132 (Admin) Links: Bailii Statutes: Criminal Justice Act … Continue reading Brooker v Director of Public Prosecutions: Admn 12 Apr 2005
ECJ Regulation (EC) No 1139/98 – Article 2(2)(b) – Additional labelling requirement for foodstuffs – Compulsory particulars concerning the presence of material derived from genetically modified organisms (GMOs) – Genetically modified soya beans and maize – Exemption from the requirement in the case of adventitious presence not exceeding a particular level – Foodstuffs intended for … Continue reading Ministero della Salute v Coordinamento delle associazioni per la difesa dell’ambiente e dei diritti degli utenti e dei consumatori (Codacons), Federconsumatori: ECJ 26 May 2005
ECJ Officials – Article 78 of the Statute – of disability pension – Calculation of the amount of the pension – Reference Processing Citations: T-398/03, [2005] EUECJ T-398/03 Links: Bailii European Updated: 30 June 2022; Ref: scu.224806
The applicant alleged that in criminal proceedings against him, there was used in evidence a statement from an anonymous witness, and his defence rights had been unacceptably restricted in breach of Article 6. The police said that witnesses were frightened of reprisals. On appeal, the court allowed as evidence a written summary from the police. … Continue reading Visser v The Netherlands: ECHR 14 Feb 2002
ECJ Community trade mark – d-proceedings – Application for Community figurative mark containing the word element – monBeBe – Earlier word marks bebe – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1, b) and paragraph 5 of Regulation (EC) No 40/94 Judges: MM Jaeger P Citations: T-164/03, [2005] EUECJ T-164/03 … Continue reading Ampafrance v OHMI-Johnson and Johnson (Monbebe): ECFI 21 Apr 2005
ECHR Judgment : No Article 5 – Right to liberty and security : Third Section Citations: 62676/16, [2019] ECHR 250 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.636039
ECHR Judgment : Article 2 – Right to life : Third Section Citations: 16397/07, [2018] ECHR 780 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.628865
ECHR Judgment : Article 7 – No punishment without law : Second Section ECHR Judgment : Article 7 – No punishment without law : Second Section Citations: 74536/10, [2022] ECHR 388, [2022] ECHR 395 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.678141
EJ Sixth VAT Directive – Articles 2, 5(6) and 6(2) – Provision of meals in a company canteen for a price lower than the cost price – Taxable amount Citations: C-412/03, [2005] EUECJ C-412/03, [2005] STC 1311, [2005] CEC 335, [2005] 1 CMLR 38, [2005] STI 138, [2007] BVC 391, [2007] BTC 5372, [2005] ECR … Continue reading Hotel Scandic Gasaback (Taxation): ECJ 20 Jan 2005
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 41392/15, [2019] ECHR 220 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636025
Europa The aim pursued by Decision 93/731 on public access to Council documents, as well as being to ensure the internal operation of the Council in conformity with the interests of good administration, is to provide the public with the widest possible access to documents held by the Council, so that any exception to that … Continue reading Council v Hautala and others: ECJ 6 Dec 2001