E had been convicted of possession of heroin with intent to supply, and L of possession of counterfeit currency. In each case public interest certificates had been obtained to withold evidence from them. The judge had refused requests to exclude evidence of undercover officers. Held: The defendants had been denied fair trials after being incited … Continue reading Edwards and Lewis v United Kingdom: ECHR 27 Oct 2004
ECHR Judgment : No Article 8 – Right to respect for private and family life : Third Section Committee Citations: 32394/11, [2019] ECHR 273 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636075
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 45013/05, [2019] ECHR 239 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636000
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 50117/13, [2018] ECHR 873 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.628839
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 39047/11, [2018] ECHR 756 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.628750
The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the Community. Held: The scheme did infringe the right of free movement of goods, but the court … Continue reading Canal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS): ECJ 22 Jan 2002
ECHR Judgment : Article 5 – Right to liberty and security : First Section Citations: 39065/16, [2019] ECHR 236 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.636028
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 10395/14, [2018] ECHR 923 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.628896
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 39186/11, [2018] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.628862
The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. Citations: [2008] EWHC 2391 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008 The two … Continue reading Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence: Admn 29 Aug 2008
ECFI Action for annulment – State aid – ECSC Treaty – Fifth Aid Code steel – Status of regular production within the meaning of Article 4, paragraph 2, of the Code fifth Steel Aid Citations: T-166/96, [1999] EUECJ T-166/96 Links: Bailii European Updated: 21 June 2022; Ref: scu.215839
Agriculture – Common organization of the markets – Cereals – Rice – Production refunds for the use of starch – Conditions for granting such refunds – Use of products derived solely from specified raw materials – Starch obtained partly from other products – Disallowed – Whether legal Article 6 of Council Regulation No 1009/86 establishing … Continue reading Knoeckel, Schmidt and Cie, Papierfabriken Ag v Hauptzollamt Landau/Pfalz.: ECJ 14 Feb 1989
ECJ The concept of ‘matters relating to a contract’ in article 5(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be regarded as an independent concept which, for the purpose of the application of the convention, must be interpreted by reference principally … Continue reading Sprl Arcado v Sa Haviland: ECJ 8 Mar 1988
ECJ 1. Article 16 (1) of regulation no 517/72 must be interpreted as meaning that decisions on applications to introduce a regular service or a special regular service by coach or bus between member states, adopted after a procedure requiring the prior agreement of the member states concerned or, where appropriate, a decision of the … Continue reading Bovo Tours Bv And Van Nood Touringcars Bv v Minister For Transport, Water Control And Construction And Others: ECJ 17 Dec 1987
ECJ Whereas in the case of an action based on an obligation under a contract of employment or another contract with the same particularities for work other than on a self-employed basis the relevant obligation for the purpose of determining the place of performance within the meaning of article 5(1) of the convention of 27 … Continue reading Hassan Shenavai v Klaus Kreischer: ECJ 15 Jan 1987
ECJ 1. Sugar which is in transit between one approved warehouse and another does not fulfil the requirement as to storage in a warehouse within the meaning of article 3(1) of regulation no 1358/77 laying down general rules for offsetting storage costs for sugar. The special rule contained in article 11(1) of regulation no 1998/78, … Continue reading Kommanditgesellschaft In Der Firma Hans-Otto Wagner Gmbh Agrarhandel v Bundesanstalt Fuer Landwirtschaftliche Marktordnung: ECJ 23 Feb 1983
1. The validity of measures adopted by the institutions of the community can only be judged in the light of community law. The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as … Continue reading Internationale Handelsgesellschaft Mbh v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel. (Measures Adopted By Institutions ): ECJ 17 Dec 1970
Procedure – 1. Since the right to determine the questions to be brought before the court devolves upon the court or tribunal of the member state alone, the parties may not change their tenor or have them declared to be without purpose. 2. The concept of ‘ worker ‘ under Regulation no 3 is not … Continue reading Hessische Knappschaft v Maison Singer And Sons: ECJ 9 Dec 1965
ECJ Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-279/97, [2001] EUECJ T-279/97 Links: Bailii European Updated: 21 … Continue reading Kaufring v Commission T-279/97 (Customs Union): ECJ 10 May 2001
ECJ Action for annulment – Importation of television sets from Turkey – EEC-Turkey Association Agreement – Article 3(1) of the Additional Protocol – Compensatory levy – Article 13(1) of Regulation (EEC) No 1430/79 – Remission of import duty not justified – Rights of the defence Citations: T-211/97, [2001] EUECJ T-211/97 Links: Bailii European Updated: 21 … Continue reading Kaufring v Commission T-211/97 (Customs Union): ECJ 10 May 2001
(Competition) – Decision granting exemption – Television rights – Eurovision system – Article 81(1) and (3) EC – Manifest error of assessment Citations: [2002] EUECJ T-299/00 Links: Bailii Jurisdiction: European Media, Commercial Updated: 21 June 2022; Ref: scu.213934
(Competition) – Decision granting exemption – Television rights – Eurovision system – Article 81(1) and (3) EC – Manifest error of assessment Citations: [2002] EUECJ T-300/00 Links: Bailii Jurisdiction: European Media, Commercial Updated: 21 June 2022; Ref: scu.213935
(Competition) – Decision granting exemption – Television rights – Eurovision system – Article 81(1) and (3) EC – Manifest error of assessment Citations: [2002] EUECJ T-216/00 Links: Bailii Jurisdiction: European Commercial, Media Updated: 21 June 2022; Ref: scu.213933
The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002
It follows from the provisions of Regulation No 1408/71 that the only international social security conventions which fall within its field of application are those to which at least two Member States are contracting parties and that the regulation applies to conventions concluded with one or more non-member States only in so far as relations … Continue reading Grana-Novoa v Landesversicherungsanstalt Hessen (Rec 1993,p I-4505) (SV93-329) (Judgment): ECJ 2 Aug 1993
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Article 11 of Regulation No 823/87 laying down special provisions relating to quality wines produced in specified regions must be interpreted, regard being had to the actual wording of paragraph 2 thereof, as meaning that no quantity of wine which exceeds the yield per hectare fixed by the competent Member State may be marketed as … Continue reading Kuhn v Landwirtschaftskammer Rheinland-Pfalz (Rec 1993,p I-4439) (Judgment): ECJ 2 Aug 1993
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Committee Citations: 39764/20, [2022] ECHR 374 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.677880
‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of the main proceedings; consequently they do not result in a determination of civil rights … Continue reading Fonseca Carreira v Portugal: ECHR 14 Jun 2001
A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life. Citations: 53984/00, [2007] ECHR 127, (2005) 40 EHRR 29 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Cited – Greene v Associated Newspapers Ltd … Continue reading Affaire Radio France et autres v France: ECHR 30 Mar 2004
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 17839/21, [2022] ECHR 352 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677884
ECFI Community trade mark – Opposition proceedings – Application for Community word mark NaViKey – Earlier Community word mark NAVI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Breach of the duty to state reasons – Article 75 of Regulation No 207/2009 Citations: T-393/09, [2011] … Continue reading NEC Display Solutions Europe v OHMI – Nokia (Navikey): ECFI 13 Oct 2011
Citations: [2016] EWCA Civ 811 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence Admn 29-Aug-2008 The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. . . See … Continue reading Al-Saadoon and Others v The Secretary of State for Defence and Others: CA 9 Sep 2016
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004
Expenditure does not qualify for deduction if the object of the expenditure was to serve another private purpose in addition to the business purpose for which it was purportedly incurred. HL Income Tax – Schedule D Case II – Computation of partnership profits – Large firm of Accountants – Reimbursement of removal expenses of partners … Continue reading MacKinlay (Inspector of Taxes) v Arthur Young McClelland Moores and Co: HL 23 Nov 1989
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation … Continue reading Pavletic v Slovakia: ECHR 22 Jun 2004
(Judgment) Directive 91/439/EEC – Mutual recognition of driving licences – Residence requirement – Article 8(4) – Effects of withdrawal or cancellation of a previous driving licence – Recognition of a new driving licence issued by another Member State Citations: C-476/01, [2004] EUECJ C-476/01, [2004] ECR I-5205 Links: Bailii Road Traffic, Licensing Updated: 10 June 2022; … Continue reading Kapper: ECJ 29 Apr 2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004
The Petitioner sought redress in respect of (a) his removal from office as a director and his exclusion from management of the sixth respondent, LCM Wealth Management Limited and (b) the implementation (or purported implementation) of provisions in the Company’s Articles of Association and in an agreement between the Company’s shareholders which compel the transfer … Continue reading Moxon v Litchfield and Others, Re LCM Wealth Management Ltd: ChD 12 Dec 2013
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a decree terminating the proceedings. The complainant applied on the twin … Continue reading MC v Bulgaria: ECHR 4 Dec 2003
ECJ Judgment – Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of … Continue reading The heirs of H Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen: ECJ 11 Dec 2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The … Continue reading Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003
ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003
The applicants were prisoners subject to disciplinary proceedings. The offences were equivalent to criminal charges in domestic law. They were refused legal assistance, and had additional terms added to their sentences. Held: The charges engaged the defendants article 6 rights. The need for prison discipline was not a justification for removing such rights. The offences … Continue reading Ezeh and Connors v The United Kingdom: ECHR 9 Oct 2003
ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC). Citations: C-285/01, [2003] EUECJ C-285/01 Links: Bailii Jurisdiction: European … Continue reading Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 39696/12, [2022] ECHR 302 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.676972
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
ECJ Failure of a Member State to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Article 7(3). Citations: C-441/01, [2003] EUECJ C-441/01 Links: Bailii Statutes: Directive 89/391/EEC 7(3) European, Health and Safety Updated: 07 June 2022; Ref: scu.182719
ECJ Directive 89/397/EEC – Official control of foodstuffs – Second subparagraph of Article 7(1) – Analysis of samples – Right to a second opinion – Direct effect – Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion Judges: M. Wathelet, P Citations: C-276/01, … Continue reading Joachim Steffensen: ECJ 10 Apr 2003
Refusal to refund import duties – Action for annulment – Importation of printers and printer cartridges from Singapore – Special situation – Fairness clause – Article 239 of Regulation (EEC) No 2913/92 Citations: T-313/04, [2006] EUECJ T-313/04 Links: Bailii Jurisdiction: European Customs and Excise Updated: 07 June 2022; Ref: scu.245184
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003
A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months later, following medical reports which found that the child’s arrested breathing had a physical explanation and that there was no sign … Continue reading Venema v The Netherlands: ECHR 17 Dec 2002
ECHR Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe claimant had terminated a residential lease in 1990. Enforcement of possession orders was not effective because no police assistance was … Continue reading MC v Italy: ECHR 19 Dec 2002
Judges: Lord Justice Kay, Mr Justice Wright, Mr Justice Henriques Citations: [2002] EWCA Crim 2912 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2) QBD 29-Nov-1994 The Home Secretary is obliged … Continue reading Bamber v Regina: CACD 12 Dec 2002
ECJ Agriculture – Common organisation of the markets – Wine – Description and presentation of wines – Quality wines produced in specific regions – Brand name printed on label – Restrictions – Articles 11 and 40 of Regulation No 2392/89 Citations: C-81/01, [2002] EUECJ C-81/01 Links: Bailii Statutes: Regulation No 2392/89 European, Agriculture Updated: 06 … Continue reading Borie Manoux SARL v Directeur de l’Institut national de la propriete industrielle: ECJ 24 Oct 2002
The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who also acquired leave. They each appealed refusal of leave to stay. … Continue reading Baumbast and Another v Secretary of State for the Home Department: ECJ 17 Sep 2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial. Held: Both proceedings had resulted in the extension of the respective prison sentences. The rules gave the governor discretion to allow … Continue reading Ezeh and Connors v The United Kingdom: ECHR 15 Jul 2002
The claimant sought damages from the defendant who was a pop star, and had vociferously, publicly, and wrongly accused the claimant of selling pictures with fake autographs of her husband. The defendant obtained an order striking out the claim on the ground that the defendant was not responsible for repetitions of the slander by others. … Continue reading McManus and others v Beckham: CA 4 Jul 2002
Europa Failure by a Member State to fulfil its obligations – Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) – Rights attaching to the ‘golden share held by the French Republic in Societe Nationale Elf-Aquitaine. Citations: [2002] EUECJ C-483/99 Links: Bailii … Continue reading Commission of the European Communities v French Republic C-483/99: ECJ 4 Jun 2002
ECFI In principle, the issue of the admissibility of the main application must not be examined in proceedings relating to an application for interim measures so as not to prejudge the substance of that case. Where, however, it is contended that the main application from which the application for interim measures is derived is manifestly … Continue reading Commerzbank v Commission: ECFI 5 Dec 2001
1. The concepts of force majeure and unforeseeable circumstances contain, besides an objective element relating to abnormal circumstances unconnected with the party in question, a subjective element involving the obligation, on his part, to guard against the consequences of the abnormal event by taking appropriate steps without making unreasonable sacrifices. In particular, the party in … Continue reading Laboratoire Monique Remy v Commission: ECFI 21 Mar 2002
ECFI 1 According to the actual wording of the fifth paragraph of Article 173 of the Treaty (now, after amendment, Article 230 EC), the criterion of the day on which a measure came to the knowledge of an applicant, as the starting point for the period prescribed for instituting proceedings, is subsidiary to the criteria … Continue reading Salomon v Commission: ECFI 6 Oct 1999
ECFI Procedure – Division of jurisdiction between the Court of Justice and the Court of First Instance – Action, pending before the Court of First Instance, brought by a natural or legal person under Article 173, fourth paragraph, and Article 178 of the Treaty, concerning the introduction, in the first case by the Commission and … Continue reading Antilles Neerlandaises v Council and Commission: ECFI 16 Nov 1998
ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-133/95: ECFI 16 Sep 1998
ECFI 1. In the case of an agreement between shipping lines on the scheduled transport of containers across the Atlantic between Northern Europe and the United States and on the inland carriage of the containers, the relevant markets directly affected are those in transport services and not that in the export of goods to the … Continue reading Atlantic Container Line and others v Commission: ECFI 28 Feb 2002
ECJ 1 Non-contractual liability – Conditions – Illegality – Damage – Causal link (EC Treaty, Art. 215, second para.) 2 Community law – Principles – Protection of legitimate expectations – Conditions 3 Acts of the institutions – Adoption foreseeable by a prudent and discriminating trader – Principle of the protection of legitimate expectations – Not … Continue reading Efisol v Commission: ECFI 16 Oct 1996
ECJ Officials – Person treated as a dependent child – Article 2(4) of Annex VII to the Staff Regulations – General implementing provisions – Unlawfulness – Misapplication – Retroactive effect. Citations: T-573/93, [1996] EUECJ T-573/93 Links: Bailii European Updated: 06 June 2022; Ref: scu.172766
ECFI Articles 7 and 9 of Directive 92/73 widening the scope of Directives 65/65 and 75/319 on pharmaceutical products and laying down additional provisions on homeopathic medicinal products are not of direct and individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to manufacturers and importers of homeopathic medicinal … Continue reading Guna v Council: ECFI 29 Oct 1993
1. The fact that a letter has been sent by a Community institution to a person in response to a request by that person is not sufficient for it to be regarded as a decision within the meaning of Article 173 of the Treaty, thereby opening the way for an action for annulment. Only measures … Continue reading Zunis Holding and others v Commission: ECFI 28 Oct 1993
ECJ 1. Under Article 2(4) of Annex VII to the Staff Regulations, the treatment, as a dependent child, of a person whom an official has a legal responsibility to maintain and whose maintenance involves heavy expenditure constitutes an exceptional step. The condition that the official must have a legal responsibility to maintain a person other … Continue reading Josu Miguel Dyaz Garcya v European Parliament: ECFI 18 Dec 1992
ECJ 1. The action before the Court, even if formally directed against the rejection of the official’ s complaint, has the effect of bringing before the Court the decision adversely affecting the applicant against which the complaint was submitted. 2. The fact that in the staff reports, under the heading ‘Knowledge required for post occupied’, … Continue reading Williams v Court of Auditors of the European Communities: ECFI 10 Dec 1992
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against … Continue reading Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002
Europa Social security for migrant workers – Article 48 and Article 51 of the EC Treaty (now, after amendment, Article 39 and Article 42 EC) – Article 9a and 94 of Regulation (EEC) No 1408/71 – Accident at work occurring in another Member State before the entry into force of the regulation in the worker’s … Continue reading Duchon v Pensionsversicherungsanstalt der Angestellten: ECJ 18 Apr 2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 14642/15, [2022] ECHR 339 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 June 2022; Ref: scu.676984
Europa Failure by a Member State to fulfil its obligations – -Measures to encourage improvements in the safety and health of workers at work – Articles 9(1)(a) and 10(3)(a) – Employer’s duty to keep documents containing an assessment of the risks to safety and health at work. Citations: [2002] EUECJ C-5/00 Links: Bailii Statutes: Council … Continue reading Commission of the European Communities v Federal Republic of Germany C-5/00: ECJ 7 Feb 2002
ECJ Failure to fulfil obligations – Infringement of Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) – Retention of certain national and regional rules regarding trade fairs, markets and exhibitions Citations: C-439/99, [2002] EUECJ C-439/99 Links: Bailii Jurisdiction: European European Updated: 05 June 2022; Ref: scu.167454
ECJ Judgment – References for a preliminary ruling – Judicial cooperation in civil matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 1(1) – Concept of civil or commercial matters – Liability of the State for ‘acta iure imperii’ Judges: A. Tizzano (Rapporteur), P Citations: C-226/13, [2015] EUECJ C-226/13, … Continue reading Fahnenbrock v Hellenische Republic: ECJ 11 Jun 2015
The Court limited itself to article 5(1)(e), when it stated that: ‘the notion of ‘lawfulness’ in the context of article 5(1)(e) of the Convention might have a broader meaning than in national legislation. Lawfulness of detention necessarily presumes a ‘fair and proper procedure’, including the requirement ‘that any measure depriving a person of his liberty … Continue reading Zagidulina v Russia: ECHR 2 May 2013
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the discharge of the patient. Held: This advisory power did not meet the Convention requirement: ‘Nonetheless, … Continue reading X v United Kingdom: ECHR 5 Nov 1981
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001
The applicants sought to test the human rights compatibility of the section when applied to gypsies. The travellers sought to stay on land within the district. The local authority used its policy, and agreed to tolerate the encampment for a short time. There was a serious incident with police officers being held temporarily. After refusing … Continue reading Regina (on the Application of Fuller, Wright, Tarr and Booth) v Chief Constable of Dorset Police and Another: Admn 12 Dec 2001
The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He said the decision was in effect a criminal decision. Held: It was … Continue reading Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd: CA 21 Dec 2001
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education. Held: … Continue reading Guzzardi v Italy: ECHR 6 Nov 1980
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD. Held: Where a mental patient sought to challenge by judicial review the imposition of treatment without his consent, it was open to the … Continue reading Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001
The applicant had complained that, after his arrest he had been refused adequate access to a lawyer. He had not been allowed to see his solicitor for two days, and only then in the presence of a police officer. No inferences had been drawn from his silence in the period before access to his lawyer, … Continue reading Brennan v The United Kingdom: ECHR 16 Oct 2001
The requirement to pay fees to civil courts in connection with claims they are asked to determine could not in itself be regarded as a restriction on the right of access to a court that was incompatible with article 6(1). Article 6(1) secures to everyone the right to have any claim relating to his civil … Continue reading Kreuz v Poland: ECHR 19 Jun 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 13The respondent government conceded that the absolute ban on the grant of bail to section 25 defendants provided for by section 25 violated article 5(3), insofar as it prohibited the grant of bail to defendants accused of … Continue reading SBC v The United Kingdom: ECHR 19 Jun 2001
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer’s … Continue reading Hasan and Chaush v Bulgaria: ECHR 26 Oct 2000
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector. Held: The needs of gypsies for … Continue reading Chapman v United Kingdom; similar: ECHR 18 Jan 2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk. Held: Inhuman and degrading treatment had to achieve a certain standard of seriousness before it became an infringement, … Continue reading Keenan v The United Kingdom: ECHR 3 Apr 2001
The Grand Chamber found a violation of Articles 8 and 13 and awarded each applicant GBP 10,000 in respect of a separation which lasted a year. Article 8 imposes positive obligations of disclosure on a local authority involved in care proceedings: ‘The positive obligation on the Contracting State to protect the interests of the family … Continue reading TP And KM v The United Kingdom: ECHR 10 May 2001
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did not regulate sufficiently the use of covert listening devices to protect the individual’s rights under the … Continue reading Khan v The United Kingdom: ECHR 12 May 2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 1998